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

Arlington DWI Charges – The Beginning

No one ever plans for an Arlington DWI / DUI arrest. The charge of Drunk Driving can be a daunting experience and many people arrested for Arlington DWI / DUI 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

Arlington DWI Penalty Chart

Offense Sentence Mandatory Jail Not Subject To Suspension Fine

Min/Max

ASAP DL Suspension Restricted DL Ignition Interlock
1st 0 – 12 Months BAC ≥.15 but ≤.20 = 5 days

BAC > .20 = 10 days

$250/ $2500 Required 12 Months May Order Immediately Required
2nd in 5 30 Days – 12 Months 20 Days:

BAC ≥.15 but ≤.20 = 10 days

BAC > .20 = 20 days

$500/ $2500

Elevated BAC:  $1000 Min

Required 3 Years After 1 year Suspension Required
2nd in 10 30 Days – 12 Months 10 Days:

BAC ≥.15 but ≤.20 = 10 addt’l days

BAC > .20 = 20 addt’l days

$500/ $2500

Elevated BAC:  $1000 Min

Required 3 Years After 4 month suspension Required
3rd in 5 [Class 6] 1-5 Years or 12 Months plus $2500 6 Months $1000/ $2500 No Indefinite; May petition court after Min of 5 yrs May petition circuit court after min of 3 yrs Yes, 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 $2500 90 Days $1000/ $2500 No Indefinite; May petition court after Min of 5 yrs May petition circuit court after min of 3 yrs Yes, at least 6 months upon restoration of DL or with restricted DL during time of Suspension
4th in 10 1-5 Years or 12 Months plus $2500 One Year[& probation for time operator’s license is suspended but not > 3 years. $1000/ $2500 No Indefinite; May petition court after Min of 5 yrs May petition circuit court after min of 3 yrs Yes, 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
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