Seven Corners, VA DUI Defense Attorneys

Being arrested for intoxicated driving is a serious legal matter. A conviction on charges of DUI can lead to consequences that may reach into nearly every corner of your life, even if this is your first offense. Understanding what you are facing and what options for defense are available can help you protect yourself as you address criminal charges and other penalties related to drunk driving.

At Robinson Law, PLLC, our attorneys represent people in Seven Corners who are dealing with DUI charges. We make sure our clients are fully prepared to address accusations of intoxicated driving, and we provide honest assessments of these cases and their potential outcomes. By advocating on behalf of DUI defendants, we work to ensure that our clients will be able to put these situations behind them while avoiding long-term penalties.

When a Person Can Be Charged With DUI in Virginia

The DUI laws in Virginia are broad, covering impairment by alcohol, illegal drugs, prescription medications, and combinations of these substances.

Charges Based on Blood Alcohol Concentration

The most common basis for a DUI charge involves a blood alcohol concentration (BAC) that meets or exceeds the legal limit. For most drivers in Virginia, that limit is .08%. Reaching or passing this threshold is what is known as a per se violation, and the law will treat a driver as legally impaired regardless of how intoxicated they appeared to be or how alcohol affected their ability to drive.

Different BAC thresholds may apply to certain categories of drivers. People with commercial driver's licenses who operate large trucks or other similar vehicles may be charged with DUI if their BAC is at least .04%. Drivers who are under the age of 21 are subject to Virginia's zero-tolerance policy, and a BAC of .02% or higher can result in underage DUI charges.

In some cases, a driver can face charges of DUI even if their BAC is below the 0.08% threshold. If an officer observes signs of impairment and believes that a person's ability to drive safely was affected by alcohol, they may arrest the driver for intoxicated driving.

Drug-Impaired Driving Charges

Virginia law treats alcohol-impaired driving and drug-impaired driving the same in terms of criminal charges and penalties. A person can face DUI charges based on the accusation that they were driving while impaired by marijuana, cocaine, heroin, methamphetamine, prescription painkillers, sleep medications, muscle relaxants, or any other substance. Regardless of whether a drug or medication is legal or illegal, DUI charges may apply if a person's ability to drive safely was impaired.

Unlike alcohol, most drugs do not have a legal threshold under Virginia law. DUI cases involving drugs will usually rely more heavily on the observations of police officers. Evaluations by Drug Recognition Experts (DREs) may play a role in these cases. Blood test results showing that a person had specific substances in their system may serve as evidence when prosecutors attempt to secure DUI convictions.

DUI Penalties in Virginia

The penalties that may apply for DUI may be based on factors such as prior convictions or aggravating circumstances. While some DUI charges may be classified as misdemeanor offenses, a person may face felony charges in certain situations, and the penalties of a conviction can be more severe.

First-Time DUI Penalties

A first DUI conviction is generally classified as a Class 1 misdemeanor. This is the most serious grade of misdemeanor, and it carries a potential sentence that may include up to 12 months in jail and a fine of up to $2,500. Jail time may not be required after a first offense, but depending on the circumstances of a case, a judge may decide to issue a prison sentence along with other penalties.

A first-time DUI will also result in a 12-month suspension of a person's driver's license. To regain their driving privileges, a person will usually be required to enroll in and complete a driver safety education course and install an ignition interlock device on any vehicle they drive.

Second DUI Penalties

A second conviction for DUI can lead to increased consequences, even though it is also usually classified as a Class 1 misdemeanor. When a second DUI takes place within five years of a first DUI, a person will be required to serve a minimum jail sentence of 20 days after a conviction, and the total sentence will most likely be longer. Fines will also increase. A driver's license suspension after a second offense will last for 36 months.

Third Offense DUI and Subsequent Convictions

A third DUI conviction within 10 years crosses the line from a misdemeanor to a Class 6 felony. The mandatory minimum jail sentence for a third offense within 10 years is 90 days, while a third DUI within five years carries a minimum sentence of 180 days. The maximum sentence for a Class 6 felony is five years. A criminal record that includes a conviction for a felony can also affect a person's ability to lawfully possess firearms, and they may lose other rights as well. It will appear on a person's permanent criminal record, which can lead to problems finding employment or housing.