Arlington, VA – DWI / DUI – So you’ve been arrested for a DUI / DWI (Part I)

No one ever plans on being arrested for a DWI / DUI. A charge of Drunk Driving can be a daunting experience and many people arrested for DWI / DUI in Arlington do not know what to expect next. This post seeks to explain the process to help you understand what to expect after your arrest.

If you are charged with a DWI in Arlington, Virginia, you likely want to know what you are facing. If you are charged with DWI / DUI in Virginia under § 18.266 & 18.2-270 of the Code of Virginia, the maximum penalty for a 1st (First) offense is up to 12 months in jail and a fine of not more than $2,500.00. DWI / DUI first offenses in Arlington, Virginia are Class 1 Misdemeanors. A DWI / DUI second offense is still a class 1 misdemeanor but includes mandatory minimum jail sentences and fines. A third (3rd) offense is a felony as is any offense after being convicted of a felony DUI / DWI. Please see the below chart for the mandatory sentences required for DUI Offenses in Arlington, Virginia

OffenseSentenceMandatory Jail Not Subject To SuspensionFine

Min/Max

ASAPDL SuspensionRestricted DLIgnition Interlock
1st0 – 12 MonthsBAC ≥.15 but ≤.20 = 5 days

BAC > .20 = 10 days

$250/ $2500Required12 MonthsMay Order ImmediatelyRequired
2nd in 530 Days – 12 Months20 Days:

BAC ≥.15 but ≤.20 = 10 days

BAC > .20 = 20 days

$500/ $2500

Elevated BAC:  $1000 Min

Required3 YearsAfter 1 year SuspensionRequired
2nd in 1030 Days – 12 Months10 Days:

BAC ≥.15 but ≤.20 = 10 addt’l days

BAC > .20 = 20 addt’l days

$500/ $2500

Elevated BAC:  $1000 Min

Required3 YearsAfter 4 month suspensionRequired
3rd in 5 [Class 6]1-5 Years or 12 Months plus $25006 Months$1000/ $2500NoIndefinite; May petition court after Min of 5 yrsMay petition circuit court after min of 3 yrsYes, at least 6 months upon restoration of DL or with restricted DL during time of Suspension
3rd in 10 [Class 6]1-5 Years or 12 Months plus $250090 Days$1000/ $2500NoIndefinite; May petition court after Min of 5 yrsMay petition circuit court after min of 3 yrsYes, at least 6 months upon restoration of DL or with restricted DL during time of Suspension
4th in 101-5 Years or 12 Months plus $2500One Year                                              [& probation for time operator’s license is suspended but not > 3 years.$1000/ $2500NoIndefinite; May petition court after Min of 5 yrsMay petition circuit court after min of 3 yrsYes, at least 6 months upon restoration of DL or with restricted DL during time of Suspension
*If a person convicted was transporting a person ≤ 17 y/o = additional fine of $500 – $1000 and a mandatory 5 days confinement.

**Can seek forfeiture of the ∆’s vehicle for a 3rd or subsequent offense within 10 years.

Va. Code § 18.2-166 through § 182-.2-272