Fairfax County DUI

Virginia DUI/DWI Laws

Virginia DWI Laws

When it comes to drunk driving, the Commonwealth of Virginia has some of the strictest laws on the books. Whereas a first or second offense DUI/DWI is a Class 1 misdemeanor, a third offense is considered a Class 6 felony. If you’ve been charged with DUI/DWI—whether it’s your first drunk-driving offense or your third—you need to hire an experience criminal defense attorney to protect your rights and defend your case.

Disciplinary Actions For A DWI Conviction

What is the punishment for a third or subsequent offense DUI/DWI? If you are convicted of a third offense DUI/DWI offenses within a ten-year period, you will be required to serve a mandatory jail sentence of 90 days and pay a mandatory $1,000 fine. In the unfortunate event that your three DUI OR DWI convictions are within a five-year period, the mandatory jail time doubles to six months and you will also be required to pay a mandatory $1,000 fine. Additionally, your driver’s license will be revoked indefinitely, and you will be required to wait three years before filing a petition with the court to have your driver’s license reinstated. A fourth or subsequent DUI/DWI within ten years carries a mandatory one-year jail sentence as well as a mandatory $1,000 fine.

Consenting To Or Refusing A Breath Test

What is Virginia’s Implied Consent law? Virginia has an implied consent law. In other words, if you operate a motor vehicle on the public roads of the Commonwealth of Virginia and you are arrested for drunk driving, you have impliedly consented to having samples of your blood and/or breath drawn to test your BAC level within three hours of your arrest. The refusal to submit to chemical testing is a separate offense that carries additional punishment including the complete and absolute suspension of your driver’s license for at least one year.

Can I be convicted of DUI/DWI even if my BAC level is under the legal limit of 0.08? Yes. You can be convicted of DUI/DWI irrespective of what your BAC level is, and even if you refuse to provide the arresting officer with any sample of your blood or breath.