Drunk Driving Defense in Northern Virginia
Call us today (703) 934-9191

 

We regularly appear in the following Courthouses to defend reckless driving charges:

  • Fairfax County Courthouse
  • Fairfax City Courthouse
  • Prince William County Courthouse
  • Arlington County Courthouse
  • Alexandria City Courthouse
  • Loudoun County Courthouse
  • Federal Court (Eastern District/VA)

Have you been charged with Drunk Driving DWI or DUI in Virgina?

If you have been charged with driving drunk in Virginia, it's important that you quickly contact a DWI/DUI lawyer that knows and understand Virginia DWI/DUI laws, and the medical scientific issues that can provide valuable defenses to a DUI charge. Read below for more information on Virginia's DUI/DWI Penalties.

In the Commonwealth of Virginia, driving while intoxicated (DWI) is a criminal offense with potentially serious consequences. A drunk driving conviction for even first offense DUI in Virginia means mandatory enrollment in the Alcohol Safety Action Program, paying large fines, and suspension of your driving privileges for one year.  A conviction for drunk driving could also mean performing community service, attending meetings with a probation officer, losing auto insurance coverage, and serving time in jail. A criminal record could negatively impact your professional life and receiving a DUI in Virginia should not be taken lightly.

Virginia DUI Attorneys at Petrovich and Walsh can help by honestly discussing your legal options with you and then developing the best strategy for your case. We have significant experience with drunk driving defense and protecting the rights of those accused of DUI in Virginia.

If you have been arrested for suspicion of a DUI in Virginia, get immediate help from us by calling 703-934-9191.

Virginia DUI Laws

DUI/DWI is a class 1 misdemeanor in the Commonwealth of Virginia. A first time offense is punishable by up to one year in jail and/or up to $2500 in fines.

Virginia DUI laws mandate entry into A.S.A.P. (Alcohol Safety Action Program) and a one-year revocation of the defendant's drivers license upon conviction for a first time offense. It may be possible, however, to obtain restricted privileges for work.

You are DUI/DWI if you have a BAC (blood alcohol content) of .08 or above. If you register a 0.08 or higher BAC, your driver's license will be suspended for seven days immediately after arrest. This is separate from the one year license revocation if you are convicted. You may appeal this suspension in the general district court where you were arrested by filing a challenge.

High Blood Alcohol Content (BAC):
First time offenders convicted of driving drunk in Virginia with a blood alcohol content (BAC) between .15 and .20 percent will be sentenced to a minimum, mandatory five day period of incarceration. Those with a .21 percent or higher BAC will be sentenced to a minimum of ten days in jail.

Restricted License:
If you are convicted of a DUI first offense, you may be eligible for a restricted license. The defendant must "move" the court for the restricted license, but the court is under no obligation to grant one. If the judge allows a restricted license, the limitations are often:

Some judges in Virginia do not allow the issuance of a restricted license until 30 days from the conviction date.

The Breath or Blood Test:
If you operate a motor vehicle on Virginia's public roads, you automatically agree to take a chemical test upon request. You are required to take the test. If you refuse, your license will be immediately suspended for seven days and it may be suspended for one year, whether or not you are convicted of driving under the influence. If you are convicted of DUI, the suspension period for refusing the test will be added to the DUI revocation period. You may appeal this suspension in the general district court where you were arrested, or by filing a challenge.

Under age 21:

Commercial Vehicle Operators:
You will receive a one-year disqualification for driving a commercial motor vehicle with a blood alcohol content (BAC) of 0.04 or higher. The disqualification becomes three years if you were transporting hazardous materials at the time.
You will also receive a one year disqualification if you refuse a blood or breath test.

Alcohol Safety Action Program
This is a 20 hour program which focuses on substance abuse and driving, substance abuse and health, and self evaluation of potential for substance abuse. (All persons will be tested for alcohol/drugs. If tested positive for either, the participant will immediately be re-classified for treatment.)
You will be placed on probation by the court and given a restricted license and ordered to report to the local ASAP office within 15 days. Offenders who fail to meet the requirements of ASAP probation will be returned to court as non-compliant and subject to revocation action by the court and instituted a suspended jail sentence.
To find a program: http://www.vasap.state.va.us/asap/

Vehicle Impoundment:
Virginia DUI law requires your vehicle to be impounded immediately for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The court can impound the vehicle for an additional 90 days if you are convicted.

Insurance Rates
Your insurance rates will rise considerably from any DUI conviction or guilty plea. You may lose your current insurance company and only find insurance with a company that offers less coverage for more money.

Accident, Injury or Death from DUI:
DUI convictions that involve accident, injury or death carry considerably greater penalties. For example, a criminally negligent homicide while DUI can lead to 1-10 years in prison, a minimum $5,000 fine, and revocation. A DUI vehicular homicide can lead to years in prison, a substantial fine, and revocation.