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DUI/DWI Penalties AGGRESSIVE & INNOVATIVE DEFENSE STRATEGIES

Virginia DUI Penalties

The possible punishment in a DUI case depends on more than whether it is called a first, second, or third offense. The dates and legal effect of prior convictions, the alcohol concentration, and other circumstances all matter.

The following summarizes principal sentencing rules under Virginia Code § 18.2-270. It is not a prediction of your sentence.

First and Second Offenses

Ordinary first and second offenses are Class 1 misdemeanors. The maximum misdemeanor punishment is 12 months in jail and a $2,500 fine. Mandatory minimum penalties may apply within that range.

Principal categoryMandatory minimum jailMandatory minimum fine
First offense; no listed enhancementNo mandatory jail under this base provision$250
First offense; BAC at least 0.15 through 0.205 days$250
First offense; BAC above 0.2010 days$250
Second offense less than 5 years after a prior offense; no BAC enhancement20 days$500
Second offense 5 to 10 years after a prior offense; no BAC enhancement10 days$500

For a qualifying second offense within 10 years, BAC from 0.15 through 0.20 adds 10 mandatory days; BAC above 0.20 adds 20. The elevated-BAC provision also adds a $500 minimum fine. The statute distinguishes the total sentence imposed from its mandatory, unsuspendable portion.

Felony DUI Categories

A third qualifying offense within 10 years is a Class 6 felony with a 90-day mandatory minimum; if the three offenses occurred within five years, the minimum is six months. A fourth or subsequent qualifying offense within 10 years carries at least one year. These categories carry a $1,000 mandatory minimum fine.

Certain prior felony DUI or specified related convictions create a separate felony category for a later DUI, with a one-year mandatory minimum and $1,000 minimum fine. The qualifying prior records must be reviewed.

Other Consequences Need Separate Review

Transporting a person age 17 or younger adds penalties under the statute. License consequences, ASAP obligations, interlock requirements, and any refusal allegation also need attention. Restricted driving eligibility depends on the applicable law and order.

What Does This Mean for Your Case?

A penalty table cannot tell you whether the Commonwealth can prove the charge. It also cannot establish which prior convictions qualify or which restrictions apply to you. We review those issues before advising you.

Learn about Fairfax DUI defense or Manassas and Prince William DUI defense. Call (703) 215-9337 or request a free initial telephone consultation.

License Consequences Require a Separate Review

The criminal sentence and the status of your driving privileges are separate issues. The applicable offense, prior record, court order, and DMV requirements affect the analysis. Do not assume that a restricted license is automatic or that installing an interlock device is the only condition you must satisfy.

Review Virginia’s DUI license statute with your lawyer and confirm the requirements that apply to you before driving.

Prior Convictions and Other Statutory Consequences

Out-of-state convictions must be reviewed under the applicable qualifying-prior rules. Certain felony DUI cases also raise vehicle forfeiture issues. Those consequences depend on statutory conditions and the facts; they should not be assumed from a general list.

Read our post-case checklist and contact the lawyer handling your case about your specific order.

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