A DUI in Virginia Triggers Two Cases
Even a slight slip in judgment can lead to a drunk driving charge in Virginia. It can be confusing to understand the proceedings, since your arrest actually triggers two separate cases against you: One is a criminal case and the other impacts your driving privileges. Here’s how a DUI works.
Drunk and Drugged Driving Defined.
Driving under the influence is measured by your blood alcohol concentration (BAC). There are different BAC levels in Virginia, which are based upon your age and type of license you hold. If a police officer pulls you over, you may be charged with DUI for:
- A BAC of .08 percent, if you are 21 years or older;
- A BAC of .02 percent, if you are younger than 21; and
- A BAC of .04 percent, if you are the holder of a commercial driver’s license.
Administrative Case: DUI and Your Driver’s License.
One of the cases against you deals with your driving privileges, which the Virginia Department of Motor Vehicles regulates. Your driver’s license will be suspended depending on your past history with DUI.
- First Offense: Automatic suspension of your driver’s license for seven days. At the hearing, the penalty could include a license revocation of up to one year.
- Second Offense: Your license is automatically suspended for 60 days or until you go to trial. You may lose your license up to three years for a second offense.
- Third Offense: Your license will be automatically suspended until you go to trial. However, further penalties related to your driver’s license depend on how much time has passed since your last DUI.
Criminal Case: DUI is a Crime in Virginia.
If you are convicted for DUI, the criminal penalties may include:
- First Offense: A mandatory fine of $250.
- Second Offense: A mandatory fine of $500 minimum, plus a potential jail sentence up to one year.
- Successive Offenses: You may be sentenced to 10 days in jail for a third DUI offense within 10 years of a second incident; for a second DUI within five years, you are facing 20 days in jail.
We’re Here to Help
A DUI is a serious matter that has criminal implications as well as consequences for your driving privileges. Lawyers with experience in Virginia DUI cases can help you work through the proceedings and obtain the best result possible result under the law. Please contact the attorneys at Shannon & Associates, P.C. for more information on drunk or drugged driving or call us at (757) 228-5529.
