Blog:
Virginia DUI and DWI
- The Wilson Law Firm Publishes 2nd Edition of DUI Arrest Survival Guide
- Fairfax County has most DUI Deaths in Virginia
Virginia Reckless Driving and Serious Traffic Offenses
- Virginia Driver Charged with Reckless Driving Following Accident with Ambulance
- Crash on I-95, Three Injured, Local Man Arrested
Virginia Criminal Defense
- An Experienced Manassas Criminal Defense Lawyer Can Mean All the Difference in the World to You
- How Can You Benefit From Hiring a Local, Experienced Northern Virginia Criminal Defense Attorney?
General
Case Results:
Virginia DUI and DWI
Virginia Reckless Driving and Serious Traffic Offenses
- Driving Over 80 mph in Virginia is a Misdemeanor Criminal Offense
- Manassas Lawyer Gets Reckless Driving - Accident Charge Reduced
Virginia Criminal Defense
FAQ's:
Virginia DUI and DWI
- Can I get my blood result before my DUI trial?
- Can I expunge my Virginia DUI conviction?
- How much does it cost to hire The Wilson Law Firm to handle a Virginia DUI / DWI?
- I've been told I have to appear in court for an arraignment. What should I expect at the arraignment?
- Can a lawyer handle this for me in Virginia or will I actually be required to appear in court for the arraignment?
News
- Fairfax Judge Dismisses DUI Charge Against Former FAA HeadPosted on 5/11/2012
- Redskin Safety, Meriweather, Arrested for DUIPosted on 4/30/2012
- FAA Chief Arrested for DUI in Fairfax, VirginiaPosted on 12/6/2011
§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.
It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).
For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth.
Potential DUI / DWI Consequences
|
Offense |
Jail Sentence Maximum |
Mandatory*** Minimum Jail Sentence |
License Suspension |
Fine** |
VASAP Referral |
Ignition Interlock |
|
1st (Class 1 Misdemeanor) |
1 year |
5 days (if BAC >/= .15); 10 days (if > .20) |
1 year (ROL* possible) |
$250-$2,500 |
Mandatory |
Optional; (Mandatory if >/=.15) 6 months to 1 year |
|
2nd within 5 to 10 years (Class 1 Misdemeanor) |
1 year |
10 days; 20 days (if BAC >/=.15); 30 days (if BAC > .20) |
3 years; (ROL *possible after 4 months) |
$500-$2,500; $1,000 min. if BAC >/=.15 |
Mandatory |
Mandatory (6 months to 1 year) |
|
2nd within 5 years (Class 1 Misdemeanor) |
1 year |
20 days; 30 days (if BAC >/=.15); 40 days (if BAC > .20) |
3 years; (ROL* possible after 1 year) |
$500-$2,500; $1,000 min. if BAC >/=.15 |
Mandatory |
Mandatory (6 months to 1 year) |
|
3rd within 5 to 10 years (Class 6 Felony) |
5 years in prison or 12 months jail |
90 days |
Indefinite Revocation (May petition for ROL after 3 years, full license after 5) |
$1,000-$2,500 |
Not applicable |
If ROL* or license restored, at least 6 months after |
|
3rd within 5 years (Class 6 Felony) |
5 years in prison or 12 months jail |
6 months |
Indefinite Revocation (May petition for ROL after 3 years, full license after 5) |
$1,000-$2,500 |
Not applicable |
If ROL *or license restored, at least 6 months after |
|
4th or subsequent within 10 years (Class 6 Felony) |
5 years in prison or 12 months jail |
1 year |
Indefinite Revocation (May petition for ROL after 3 years, full license after 5) |
$1,000-$2,500 |
Not applicable |
If ROL* or license restored, at least 6 months after |
*ROL denotes Restrict Operator's License. ** Fine ranges include mandatory minimums.
***Mandatory incarceration must be served and cannot be suspended.
Note: If offense committed while transporting person 17 yrs old or younger, an additional mandatory confinement of 5 days and a $500-$1,000 fine.
The Wilson Law Firm
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9300 Grant Ave, Suite 301
Manassas, VA 20110-5073
| Phone: | (703) 361-6100 (540) 347-4944 |
| Fax: | (703) 365-7988 |
Video Library
Virginia DUI and DWI:
Penalties for a DUI / DWI in Virginia
Fallacies of Breath and Sobriety Tests
Library:
Virginia DUI and DWI
- BELOW .08? DON’T TEMPT FATE!!! Virginia’s Dirty Little Secret
- Prescription Drugs and Your DUI Case
- § 18.2-266.1. Persons under age 21 driving after illegally consuming alcohol.
- Drinking While Driving -“Open Container”
- Underage Purchase, Possession or Consumption of Alcohol
Virginia Reckless Driving and Serious Traffic Offenses
- § 46.2-869. Improper driving.
- Driving without a License
- Driving on a Revoked or Suspended License
- Driving Outside a Restricted License
- Leaving the Scene of An Accident - “Hit and Run”
Virginia Criminal Defense
- If You Throw a Butt, Your Butt May Be Thrown in Jail
- What are the differences in infractions, misdemeanors and felonies?
- 4 Critical Things a Manassas Criminal Defense Lawyer Provides
- Arrested in Virginia? A Manassas, VA Criminal Defense Attorney May Improve Your Situation
- Drug Defenses a Virginia Criminal Defense Lawyer Wants You to Know About
Virginia Courts
Press Releases
Funnies
General
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