A DUI in the Commonwealth of Virginia? What are the Consequences?

The long term consequences of receiving a conviction for driving under the influence (DUI) in the Commonwealth of Virginia can be devastating. In addition if your blood alcohol level is over.15, you could receive a mandatory jail sentence. A “mandatory minimum” sentence upon a DUI conviction could range from 5 days to 20 days or possibly more.(*chart) The Virginia DUI statute also requires that your license be suspended for a minimum of twelve (12) months and mandatory participation in an alcohol safety action program.(*chart) In addition to potentially serving a mandatory minimum sentence,upon conviction the sentencing judge is required to order the payment of fines and court costs.

If you request a restricted license, you will be required to have an ignition interlock installed in your vehicle for a minimum of six (6) months. Your restricted license will only permit you to drive to work, to school, to your child’s daycare and to and from your mandatory alcohol program. There are other venues that the court may agree to include in the restricted license however, you must prove that the trips are necessary and reasonable. If you have had prior DUI convictions or refused to submit to either of the chemical tests (blood, breath or urine), You could face additional criminal/civil penalties.

Although your driver’s license was issued in another state, the state where your driver’s license was issued could take civil action with respect to your license based solely on your conviction for DUI in Virginia.

No one plans to be arrested for driving under the influence however, if you or someone you know are faced with a DUI charge it is crucial that you immediately hire an attorney who is experienced with representing individuals in DUI cases in the Commonwealth of Virginia.

*The Chart for outlining the consequences of a DUI conviction in Virginia can be reviewed at:

http://www.drivesmartva.org/images/uploads/document-downloads/Consequences_of_DUI_in_Virginia.pdf

DUI Applicable Statutes
Va. Code Ann. § 18.2-266
Va. Code Ann. § 18.2-270
Va. Code Ann. § 18.2-268.2
Va. Code Ann. § 46.2-389
Va. Code Ann. § 46.2-355.1
Case Law: Coalson V. Conchola, 2013 Va. Lexis 121 (Va., Sept 27, 2013)

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