DUI Lawyer Virginia-Drunken Driving Defense

DRIVING UNDER THE INFLUENCE (DUI) – VIRGINIA:

If you are charged by a police officer for driving under the influence (DUI) in Virginia, you should seriously consider taking the help of an attorney because DUI is a crime in Virginia. Hiring a qualified and experienced lawyer with the knowledge and training to defend your DUI cases in Virginia is critical. The SRIS Law Group has defended numerous cases in which clients had been charged with driving under the influence in Virginia. Our law firm has a team of attorneys, who have extensive knowledge on how to defend DUI charge in Virginia. Our attorneys are experienced in carefully establishing a defense plan to help fight the driving under the influence charges framed against you.

You may be severely affected if you are convicted of DUI in Virginia as it may affect your ability to drive, your security clearance in Virginia, etc. If you are driving under the influence of alcohol or driving with a blood alcohol content level of .08 percent or higher or driving while under the influence of any narcotic drug or intoxicant, you can be charged for driving under the influence (DUI). Some of the different categories of DUI are as follows:

Driving Under The Influence (DUI) in Virginia – General Rule: (Va. Code 18.2-266)

You can be arrested for driving under the influence (DUI) by a police officer if you have driven or operated any motor vehicle, engine or train, if:

  1. You have 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; or
  2. You are under the influence of alcohol; or
  3. You are 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 your ability to drive or operate any motor vehicle, engine or train safely; or
  4. You are 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
  5. You have 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.

The general rule regarding driving under the influence (DUI) is prescribed under Virginia Code § 18.2-266.

Under Virginia Code § 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.”

Underage Driving Under Influence in Virginia: (Va. Code 18.2-266.1)

You can be arrested for underage driving under influence by a police officer if you are under the age of 21 and unlawfully operating any motor vehicle after illegally consuming alcohol. You can be held guilty for underage driving under influence, if you have a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test. The general rule regarding underage driving under influence is prescribed under Virginia Code § 18.2-266.1.

Under Virginia Code § 18.2-266.1. Persons under age 21 driving after illegally consuming alcohol; penalty:

“A. It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.

B. A violation of this section is a Class 1 misdemeanor. Punishment shall include (i) forfeiture of such person’s license to operate a motor vehicle for a period of one year from the date of conviction and (ii) a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2. The penalties and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.

C. Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.”

Driving While Intoxicated (DWI) in Virginia: Va. Code § 18.2-270:

You can be arrested for Driving While Intoxicated (DWI) by a police officer if your blood alcohol level as indicated by the chemical test or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20 or, (ii) if the level was more than 0.20. The general rule regarding Driving While Intoxicated (DWI) is prescribed under Virginia Code § 18.2-270.

Under Virginia Code § § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction:

“A. Except as otherwise provided herein, any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person’s blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 10 days.

B. 1. Any person convicted of a second offense committed within less than five years after a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence.

2. Any person convicted of a second offense committed within a period of five to 10 years of a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence.

3. Upon conviction of a second offense within 10 years of a prior offense, if the person’s blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500.

C. 1. Any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000.

2. A person who has been convicted of § 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5, or a felony violation of § 18.2-266 shall upon conviction of a subsequent violation of § 18.2-266 be guilty of a Class 6 felony. The punishment of any person convicted of such a subsequent violation of § 18.2-266 shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000.

3. The punishment of any person convicted of a fourth or subsequent offense of § 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000.

4. The vehicle solely owned and operated by the accused during the commission of a felony violation of § 18.2-266 shall be subject to seizure and forfeiture. After an arrest for a felony violation of § 18.2-266, the Commonwealth may file an information in accordance with § 19.2-386.34.

D. In addition to the penalty otherwise authorized by this section or § 16.1-278.9, any person convicted of a violation of § 18.2-266 committed while transporting a person 17 years of age or younger shall be (i) fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced to a mandatory minimum period of confinement of five days.

E. For the purpose of determining the number of offenses committed by, and the punishment appropriate for, a person under this section, an adult conviction of any person, or finding of guilty in the case of a juvenile, under the following shall be considered a conviction of § 18.2-266: (i) the provisions of § 18.2-36.1 or the substantially similar laws of any other state or of the United States, (ii) the provisions of §§ 18.2-51.4, 18.2-266, former § 18.1-54 (formerly § 18-75), the ordinance of any county, city or town in this Commonwealth or the laws of any other state or of the United States substantially similar to the provisions of § 18.2-51.4, or § 18.2-266, or (iii) the provisions of subsection A of § 46.2-341.24 or the substantially similar laws of any other state or of the United States.

F. Mandatory minimum punishments imposed pursuant to this section shall be cumulative, and mandatory minimum terms of confinement shall be served consecutively. However, in no case shall punishment imposed hereunder exceed the applicable statutory maximum Class 1 misdemeanor term of confinement or fine upon conviction of a first or second offense, or Class 6 felony term of confinement or fine upon conviction of a third or subsequent offense.”

Tests To Determine Driving Under The Influence (DUI) in Virginia:

Breath Test To Determine Alcoholic Content Of Blood in Virginia: Va. Code § 18.2-268.2:

If you are suspected to be driving under influence (DUI) or underage driving under influence or any similar charge, then any police officer of the Commonwealth, or of any county, city or town, or by any member of a sheriff’s department shall use such equipment to have your breath analyzed to determine the probable alcoholic content of your blood. Whenever the breath sample analysis indicates that alcohol is present in your blood, the officer may charge you with driving under influence (DUI) or underage driving under influence or any similar charge. The breath test to determine alcoholic content of blood is prescribed under Virginia Code § 18.2-267.

Under Virginia Code § 18.2-267. Preliminary analysis of breath to determine alcoholic content of blood.

“A. Any person who is suspected of a violation of § 18.2-266, 18.2-266.1, subsection B of § 18.2-272, or a similar ordinance shall be entitled, if such equipment is available, to have his breath analyzed to determine the probable alcoholic content of his blood. The person shall also be entitled, upon request, to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. His breath may be analyzed by any police officer of the Commonwealth, or of any county, city or town, or by any member of a sheriff’s department in the normal discharge of his duties.

B. The Department of Forensic Science shall determine the proper method and equipment to be used in analyzing breath samples taken pursuant to this section and shall advise the respective police and sheriff’s departments of the same.

C. Any person who has been stopped by a police officer of the Commonwealth, or of any county, city or town, or by any member of a sheriff’s department and is suspected by such officer to be guilty of an offense listed in subsection A, shall have the right to refuse to permit his breath to be so analyzed, and his failure to permit such analysis shall not be evidence in any prosecution for an offense listed in subsection A.

D. Whenever the breath sample analysis indicates that alcohol is present in the person’s blood, the officer may charge the person with a violation of an offense listed in subsection A. The person so charged shall then be subject to the provisions of §§ 18.2-268.1 through 18.2-268.12, or of a similar ordinance.

E. The results of the breath analysis shall not be admitted into evidence in any prosecution for an offense listed in subsection A, the purpose of this section being to permit a preliminary analysis of the alcoholic content of the blood of a person suspected of having committed an offense listed in subsection A.

F. Police officers or members of any sheriff’s department shall, upon stopping any person suspected of having committed an offense listed in subsection A, advise the person of his rights under the provisions of this section.

G. Nothing in this section shall be construed as limiting the provisions of §§ 18.2-268.1 through 18.2-268.12.”

Post-Arrest Testing To Determine Drug Or Alcohol Content Of Blood: Va. Code § 18.2-268.2:

If you have operated a motor vehicle upon a highway and arrested for driving under influence (DUI) or underage driving under influence or any similar charge, within three hours you are subjected to chemical test to determine the alcohol, drug, or both alcohol and drug content of your blood, for which samples of blood, breath, or both blood and breath are taken to which you are deemed to have consented. The post-arrest testing to determine drug or alcohol content of blood is prescribed under Virginia Code § 18.2-268.2.

Under Virginia Code § 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood.

A. Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance within three hours of the alleged offense.

B. Any person so arrested for a violation of clause (i) or (ii) of § 18.2-266 or both, § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.

C. A person, after having been arrested for a violation of clause (iii), (iv), or (v) of § 18.2-266 or § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of § 18.2-266 (i) or (ii) or both, submits to a breath test in accordance with subsection B or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.

Penalties for driving under influence in Virginia

Refusing Blood or Breath Tests – Penalties

Penalties may be imposed on you, if you unreasonably refuse to have samples of your blood or breath be taken by the law enforcement officer for chemical tests to determine the alcohol or drug content after being arrested for driving under the influence (DUI). Your first violation regarding unreasonable refusal is a civil offense and subsequent violations are criminal offenses. The Virginia Courts may find you guilty of a Class 2 misdemeanor if you unreasonably refuse a blood test or a breath test within 10 years of your prior conviction for driving while intoxicated or your unreasonable refusal. Under Virginia law, your act of unreasonably refusing a blood test or breath test within 10 years of any two prior convictions for driving while intoxicated or unreasonable refusal is punishable as a Class 1 misdemeanor. Your unreasonable refusal of a blood test or breath test is also a ground for revoking your driving privileges in Virginia and your license may be suspended by the Virginia Courts for a period of three years. Virginia Code §

18.2-268.3 deals with penalties for refusing blood or breath test.

Under Virginia Code § 18.2-268.3. Refusal of tests; penalties; procedures.

“A. It shall be unlawful for a person who is arrested for a violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood or breath or both blood and breath taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this section.

B. When a person is arrested for a violation of § 18.2-51.4, 18.2-266, 18.2-266.1 or, subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court, that (i) a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth, (iv) the criminal penalty for unreasonable refusal within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal is a Class 2 misdemeanor, and (v) the criminal penalty for unreasonable refusal within 10 years of any two prior convictions for driving while intoxicated or unreasonable refusal is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388.

C. The arresting officer shall, under oath before the magistrate, execute the form and certify, (i) that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) that the officer has read the portion of the form described in subsection B to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection B read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2-270 the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under this section shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.

D. A first violation of this section is a civil offense and subsequent violations are criminal offenses. For a first offense the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

If a person is found to have violated this section and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270, arising out of separate occurrences or incidents, he is guilty of a Class 2 misdemeanor and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

If a person is found guilty of a violation of this section and within 10 years prior to the date of the refusal he was found guilty of any two of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.”

Driving while intoxicated; subsequent offense; prior conviction -Penalties

The penalties for driving while intoxicated are specified in Virginia Code § 18.2-270.

First Offense DUI – Penalties

Driving while intoxicated is a Class 1 misdemeanor under Virginia law. If you are convicted for driving while intoxicated by the courts in Virginia, then you have to pay a mandatory minimum fine of $250. In addition to the penalties of a Class 1 misdemeanor, the court may also impose on you an additional mandatory minimum period of five days if your blood alcohol level was at least 0.15, but not more than 0.20. You may be imposed by the court with an additional mandatory minimum period of ten days if your blood alcohol level was more than 0.20.

Second Offense DUI – Penalties

If you have been convicted for a second offense of driving while intoxicated by the Virginia courts within five years of a prior offense, then you may be imposed with a mandatory minimum fine of $500 and your confinement period may be not less than one month nor more than one year, of which twenty days is a mandatory minimum sentence.

If you have been convicted for a second offense of driving while intoxicated by the Virginia courts within a period of five to ten years of a prior offense, then you may be imposed with a mandatory minimum fine of $500 and your confinement period may be not less than one month, ten days of which is a mandatory minimum sentence.

If you have been convicted for a second offense of driving while intoxicated by the Virginia courts within ten years of a prior offense then you may be fined a mandatory minimum fine of $500. If your blood alcohol level was at least 0.15, but not more than 0.20, then you may be imposed with an additional mandatory minimum period of ten days or if the blood alcohol level was more than 0.20, then the mandatory minimum period of twenty days may be imposed.

Third Offense DUI – Penalties

If you have been convicted for a third offense of driving while intoxicated by the Virginia courts within a ten year period, then you may be guilty of a Class 6 felony and you may be imposed with a mandatory minimum sentence of ninety days. If you have committed the three offenses within a five year period, then the Courts may impose a mandatory minimum sentence of six months. You may also be imposed by the courts with a mandatory minimum fine of $1,000 for a third offense of driving while intoxicated.
Violating other provisions and Driving while intoxicated

If you have prior conviction for a violation of Virginia Codes § 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5, or a felony violation of § 18.2-266, then for your subsequent violation of § 18.2-266, the courts may hold you guilty of a Class 6 felony. The courts may include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000 for a subsequent violation of § 18.2-266.

Fourth Offense DUI – Penalties

If you have been convicted for a fourth offense of driving while intoxicated by the Virginia courts within a ten year period, then you may be imposed with a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000.

Other Penalties:

If you have been convicted for driving while intoxicated and the courts have held you to be guilty of a felony, then the vehicle you owned and operated during the commission of the offense, may be seized and forfeited.

If you are driving while intoxicated and law enforcement officers have found you transporting a person seventeen years of age or younger, then you may be fined an additional minimum of $500 and not more than $1,000 and sentenced to a mandatory minimum period of confinement for five days.

Under Virginia Code § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction

“A. Except as otherwise provided herein, any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person’s blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 10 days.

B. 1. Any person convicted of a second offense committed within less than five years after a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence.

2. Any person convicted of a second offense committed within a period of five to 10 years of a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence.

3. Upon conviction of a second offense within 10 years of a prior offense, if the person’s blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500.

C. 1. Any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000.

2. A person who has been convicted of § 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5, or a felony violation of § 18.2-266 shall upon conviction of a subsequent violation of § 18.2-266 be guilty of a Class 6 felony. The punishment of any person convicted of such a subsequent violation of § 18.2-266 shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000.

3. The punishment of any person convicted of a fourth or subsequent offense of § 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000.

4. The vehicle solely owned and operated by the accused during the commission of a felony violation of § 18.2-266 shall be subject to seizure and forfeiture. After an arrest for a felony violation of § 18.2-266, the Commonwealth may file an information in accordance with § 19.2-386.34.

D. In addition to the penalty otherwise authorized by this section or § 16.1-278.9, any person convicted of a violation of § 18.2-266 committed while transporting a person 17 years of age or younger shall be (i) fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced to a mandatory minimum period of confinement of five days.

E. For the purpose of determining the number of offenses committed by, and the punishment appropriate for, a person under this section, an adult conviction of any person, or finding of guilty in the case of a juvenile, under the following shall be considered a conviction of § 18.2-266: (i) the provisions of § 18.2-36.1 or the substantially similar laws of any other state or of the United States, (ii) the provisions of §§ 18.2-51.4, 18.2-266, former § 18.1-54 (formerly § 18-75), the ordinance of any county, city or town in this Commonwealth or the laws of any other state or of the United States substantially similar to the provisions of § 18.2-51.4, or § 18.2-266, or (iii) the provisions of subsection A of § 46.2-341.24 or the substantially similar laws of any other state or of the United States.

F. Mandatory minimum punishments imposed pursuant to this section shall be cumulative, and mandatory minimum terms of confinement shall be served consecutively. However, in no case shall punishment imposed hereunder exceed the applicable statutory maximum Class 1 misdemeanor term of confinement or fine upon conviction of a first or second offense, or Class 6 felony term of confinement or fine upon conviction of a third or subsequent offense.”

Underage driving under influence- Penalties:

If you are under the age of 21 and you have been convicted for driving under influence by the courts in Virginia under Va. Code § 18.2-266.1, then you may be held guilty of a Class 1 misdemeanor. The courts may order forfeiture of your license for a period of one year from the date of conviction and impose you with a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service. If you are convicted by the Virginia courts for underage driving under influence, it is most likely that you may be ordered to attend an Alcohol Safety Action Program and the Court may also issue a restricted license during the term of license suspension.

Driving while intoxicated-penalties relating to license forfeiture

If you have been convicted for a first offense of driving while intoxicated by the Virginia courts, then your license may be suspended for a period of one year from the date of such judgment. If you have been convicted by the Virginia courts for a second offense within ten years of your first offense of driving while intoxicated, then your license may be revoked for a period of three years. If you have been convicted by the Virginia courts for a third offense within ten years of your two other offenses of driving while intoxicated, then your license may be revoked indefinitely. Virginia Code § 18.2-271 explains about forfeiture of driver’s license for driving while intoxicated.

Under Virginia Code § 18.2-271. Forfeiture of driver’s license for driving while intoxicated.

“A. Except as provided in § 18.2-271.1, the judgment of conviction if for a first offense under § 18.2-266 or for a similar offense under any county, city, or town ordinance, or for a first offense under subsection A of § 46.2-341.24, shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of one year from the date of such judgment. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2.

B. If a person (i) is tried on a process alleging a second offense of violating § 18.2-266 or subsection A of § 46.2-341.24, or any substantially similar local ordinance, or law of any other jurisdiction, within ten years of a first offense for which the person was convicted, or found guilty in the case of a juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of three years from the date of the judgment of conviction and such person shall have his license revoked as provided in subsection A of § 46.2-391. The court trying such case shall order the surrender of the person’s driver’s license, to be disposed of in accordance with § 46.2-398, and shall notify such person that his license has been revoked for a period of three years and that the penalty for violating that revocation is as set out in § 46.2-391. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2. Any period of license suspension or revocation imposed pursuant to this section, in any case, shall run consecutively with any period of suspension for failure to permit a blood or breath sample to be taken as required by §§ 18.2-268.1 through 18.2-268.12 or §§ 46.2-341.26:1 through 46.2-341.26:11 or any period of suspension for a previous violation of § 18.2-266, 18.2-266.1, or 46.2-341.24.

C. If a person (i) is tried on a process alleging (a) a felony conviction of § 18.2-266 or (b) a third or subsequent offense of violating § 18.2-266 or subsection A of § 46.2-341.24, or any substantially similar local ordinance, or law of any other jurisdiction, within 10 years of two other offenses for which the person was convicted, or found not innocent in the case of a juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth and such person shall not be eligible for participation in a program pursuant to § 18.2-271.1 and shall, upon such conviction, have his license revoked as provided in subsection B of § 46.2-391. The court trying such case shall order the surrender of the person’s driver’s license, to be disposed of in accordance with § 46.2-398, and shall notify such person that his license has been revoked indefinitely and that the penalty for violating that revocation is as set out in § 46.2-391.

D. Notwithstanding any other provision of this section, the period of license revocation or suspension shall not begin to expire until the person convicted has surrendered his license to the court or to the Department of Motor Vehicles.

E. The provisions of this section shall not apply to, and shall have no effect upon, any disqualification from operating a commercial motor vehicle imposed under the provisions of the Commercial Driver’s License Act (§ 46.2-341.1 et seq.).”

If you are charged by a police officer with the traffic offense of driving under the influence (DUI) in Virginia, then speaking to an experienced traffic lawyer is critical. A skillful and diligent attorney, who defends DUI charges in Virginia, can help you review your case in detail and advise you on all the available potential defenses that are in your favor. If you hire an ethical lawyer, he will not give you an assurance regarding a positive outcome of the case but will work vigorously to enhance the odds in your favor. Our law firm certainly has the relevant experience to defend your driving under the influence (DUI) charge in Virginia. The Attorneys from the SRIS Law Group will aggressively defend your case and give their best to protect your interest. For free consultation about your case, contact the SRIS Law Group immediately. Our consultations remain confidential; therefore, do not worry and call now!

You can count on us to do our best to defend you to the best of our ability and get you the best result possible based on the facts of your case.

Si usted necesita un abogado para un cargo de manejar bajo la influencia (DUI) en el estado de Virginia, no dude en contactar las oficinas legales de SRIS Law Group, P.C. Nuestros Abogados de DUI han representado a varios clientes del habla hispana en el estado de Virginia. Si usted habla español and quiere platicar con un Abogado de DUI en el estado de Virginia, llámenos hoy para ayudarle. Queremos ser su Abogado de DUI en Virginia.

Some of the issues our clients deal with when charged with a DUI in Virginia?

  • What is the Virginia DUI Code?
  • How does a DUI in Virginia affect my insurance?
  • What is the DUI law in Virginia?
  • Is a DUI in Virginia a misdemeanor or a felony?
  • What is a DUI felony in Virginia?
  • What are the penalties for DUI in Virginia second offense?
  • What happens at an arrest for a DUI in Virginia?
  • How do I find the best DUI Virginia attorney?
  • Can I read some articles about a DUI In Virginia?
  • What is ASAP if I am charged with a DUI in Virginia?
  • Is there an arrest record for a DUI in Virginia?
  • What happens at a DUI arraignment in Virginia?
  • What is a Virginia DUI administrative suspension?
  • What happens if I have DUI accident in Virginia?
  • How do I go about beating a DUI in Virginia?
  • How do I go about expunging a DUI in Virginia?
  • How much is a DUI going to cost me in Virginia?
  • Is a DUI a felony in Virginia?
  • If I am getting a DUI in Virginia, what is going to happen?
  • How do I find out my DUI BAC in Virginia?
  • If I am charged with a DUI in Virginia, will I get bail?
  • Can I really get a DUI even if I am riding my bicycle in Virginia?
  • Can I get a blood test if I get a DUI in Virginia?
  • How does the breathalyzer work in a Virginia DUI case?
  • Can I find a Virginia DUI blog to learn more about drunken driving laws in Virginia?
  • Is there something called DUI boating in Virginia?
  • What happens if I get a Virginia DUI and am charged with breathalyzer refusal?
  • Is a DUI in Virginia a criminal offense?
  • What should I do if I am facing DUI charges in Virginia?
  • What happens if I have more than one DUI conviction in Virginia?
  • What are DUI checkpoints in Virginia?
  • What are the Virginia DUI checkpoint laws?
  • How does a DUI in Virginia affect my driving record?
  • What are some of the Virginia DUI defenses?
  • Can I get my DUI dismissed in Fairfax, Virginia?
  • Can I be charged with a DUI if I have drugs in my system?
  • What happens if I am involved in a DUI in Virginia and a death occurs?
  • If I speak Spanish, how do I find an “abogado de dui en Virginia”?
  • What if this is my first DUI offense in Virginia?
  • What are the DUI first offense laws in Virginia?
  • What is the 3 hour rule for a DUI in Virginia?
  • If I have been charged with a DUI in Virginia 2nd Offense, what is going to happen to me?
  • What is ignition interlock in a DUI?
  • If I get a DUI in Virginia, is there mandatory jail time?
  • If I am juvenile and I get a DUI in Virginia, what is going to happen?
  • Can I get a DUI in Virginia just because my key is in the ignition?
  • If I get a DUI in Virginia, is there going to be license suspension?
  • What are the Virginia DUI laws about refusal?
  • How does a Virginia DUI affect my out of state license?
  • Can I get a Virginia DUI on private property?
  • If I get a DUI in Virginia, am I going to get probation?
  • Can my lawyer plea bargain a Fairfax, Virginia DUI?
  • What happens if I get a Virginia DUI probation violation?
  • How does Prince William County, Virginia handle a DUI?
  • How does Fairfax County, Virginia handle a DUI?
  • How does Arlington, Virginia handle a DUI?
  • How does Loudoun, Virginia handle a DUI?
  • How does Alexandria, Virginia handle a DUI?
  • How do I find the best Fairfax County, Virginia DUI Lawyer?