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Toll-Free: (888) DUI-LWYR
Phone: (703) 361-6100
The Wilson Law Firm

I'm scared to death. If things don't go well and I end up being found guilty of a DUI / DWI in Virginia, am I going to go to jail?

Maybe.  If you are eventually convicted of a DUI / DWI in Virginia, you may or may not be sentenced to serve time in a local jail or a state prison - it just depends on the specific facts and circumstances of your particular case.  Some DUI / DWI offenses in Virginia have mandatory jail/prison sentences, while others do not.  In addition, many DUI / DWI cases involve aggravated facts and circumstances that are so bad that you could end up being incarcerated by a judge or jury - even though Virginia DUI / DWI law doesn't require it.

Virginia DUI / DWI offenses involving specific facts and circumstances have mandatory minimum jail/prison sentences.  If you are convicted of a DUI / DWI with the following aggravating factors, your jail sentence can be no shorter than listed below, but it can be longer - all the way up to the maximum punishments allowed.
  • Breath or blood test results of 0.15 or more.....................5 days
  • Transporting a passenger 17 years of age or younger.......... 5 days
  • 2nd offense within 5 to 10 years.................................10 days
  • 2nd offense within 5 years.........................................20 days
  • 3rd offense within 5 to 10 years...................................90 days
  • 3rd offense within 5 years......................................... 6 months
  • 4th, etc.offense within 10 years.....................................1 year

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