The Law Offices of Joseph T Brown PLC

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DUI Penalties in Virginia

 

DUI Penalties in Virginia – First Offense:
People convicted of a first offense can usually expect a suspended jail sentence. Typically a 60 to 90 day jail sentence is suspended on several conditions including completion of VASAP (Virginia Alcohol Safety Action Program), payment of a fine (minimum $250.00, maximum $2,500.00) and being of good behavior for a period of up to three years. Driving While Intoxicated is a class one misdemeanor and carries a maximum sentence of up to one year in jail and $2,500.00 fine.

License Suspension
Additionally, persons convicted of driving while intoxicated will have their Virginia driver’s license revoked for a mandatory period of one year. Usually a restricted license is available for Virginia licensed drivers. Drivers licensed out of state would have their privilege to drive in Virginia revoked, with no provisions for a restricted license. After the expiration of one year, the license can be reinstated if VASAP has also been completed.

Mandatory Sentences for BAC Levels
Persons convicted of a first offense of driving while intoxicated with a blood alcohol content between 0.15 and 0.20 must be sentenced by the Court to a mandatory jail sentence of five days. If the blood alcohol content is over 0.20, the mandatory minimum sentence is 10 days. In the case of mandatory sentences there is no credit for good behavior and the full sentence must be served. In any case where the blood alcohol level is over 0.15, the Court must order ignition interlock as a condition of a restricted license or reinstatement of a suspended license.

DUI Penalties in Virginia – Second Offense:
Prior offense date 5-10 years ago
A second conviction of driving while intoxicated where the first conviction was more than five but less than 10 years prior carries a mandatory minimum sentence of 10 days in jail. When mandatory minimum sentences are served there is no reduction in time for good behavior. Additionally a fine of $500.00 to $2,500.00 must be imposed as well as a referral to VASAP. Driving While Intoxicated, second offense, is a class one misdemeanor and carries a maximum sentence of up to one year in jail and $2,500.00 fine.

Prior offense date less than 5 years ago
A second conviction of driving while intoxicated where the first conviction occurred less than five years prior carries a mandatory minimum sentence of 20 days in jail. When mandatory minimum sentences are served there is no reduction in time for good behavior. Additionally a fine of $500.00 to $2,500.00 must be imposed as well as a referral to VASAP. Driving While Intoxicated, second offense, is a class one misdemeanor and carries a maximum sentence of up to one year in jail and $2,500.00 fine.

License Suspension
Upon conviction of a second offense driving while intoxicated where the prior offense occurred within the last 10 years, the Court must suspend the Virginia driver’s license for a period of three years. No restricted license is available for the first year of that period. Any restricted license issued must require ignition interlock. Completion of VASAP is required for reinstatement of license.

Mandatory Sentences for BAC Levels
Persons convicted of a second offense driving while intoxicated with blood alcohol content at least 0.15 to 0.20 must serve mandatory minimum sentence of 10 days in jail. If the blood alcohol content is greater than 0.20 the mandatory minimum sentence is 20 days in jail. These mandatory minimum sentences are ordered in addition to any other mandatory minimum sentence. These sentences can not run concurrently and there is no reduction in time for good behavior.

DUI Penalties in Virginia – Third Offense:
At least one prior offense date 5-10 years ago
A third conviction of driving while intoxicated where at least one of the prior offenses occurred between 5 and 10 years ago carries a mandatory minimum sentence of 90 days and a fine of at least $1,000.00. A third conviction within ten years for driving while intoxicated is a class 6 felony, and carries a term of imprisonment of not less than one year and not more than five years, or in the discretion of the Court, up to 12 months in jail and up to $2,500.00 fine.

Both prior convictions less than 5 years ago
A third conviction of driving while intoxicated where at least one of the prior offenses occurred between 5 and 10 years ago carries a mandatory minimum sentence of six months and a fine of at least $1,000.00. A third conviction within ten years for driving while intoxicated is a class 6 felony, and carries a term of imprisonment of not less than one year and not more than five years, or in the discretion of the Court, up to 12 months in jail and up to $2,500.00 fine.

Effects of Felony Conviction
Convicted felons in Virginia are divested of their civil rights and are not allowed to vote, serve on a jury, hold public office or serve as a Notary Public. Civil rights may be restored by a Petition for Clemency to the Governor of Virginia at least three to five years after release from probation. Convicted felons are not allowed to possess or transport firearms. Possession a firearm by a convicted felon carries a minimum mandatory sentence of at least two years.

License Suspension
Conviction of third (and subsequent) driving while intoxicated within ten years incurs an indefinite license revocation.

Seizure and Forfeiture of Automobile
For any felony conviction of driving while intoxicated, the vehicle that was operated and owned by the offender is subject to forfeiture. The vehicle is seized and becomes the property of the state to be sold at auction.

DUI Penalties in Virginia – Fourth Offense:
People convicted of a fourth offense of Driving While Intoxicated within a 10 year period must serve a minimum mandatory sentence of 1 year in prison and pay a fine of at least $1,000.00. A fourth conviction within 10 years for driving while intoxicated is a class 6 felony, and carries a term of imprisonment of not less than one year and not more than five years, or in the discretion of the Court, up to 12 months in jail and up to $2,500.00 fine. The provisions for license suspension and automobile seizure for fourth offenses are similar to those for third offenses.

If you are charged with DUI in a Fredericksburg, VA area court such as the courts of Stafford, Spotsylvania, King George, Fredericksburg or Caroline, call the Law Offices of Joseph T. Brown PLC at 540-786-7700 for a free consultation to discuss your case.

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Your Rights During a Traffic Stop in Virginia

 

Once police activate their lights to signal someone over they are detaining that person and must be able to prove probable cause to do so. A person who has been pulled over does not have to challenge the reason for the stop to preserve the issue for Court. The officer will have to justify his reason for detaining you and that is his burden to prove in Court. It is better to put aside the issue of whether they had any right to pull you over and do not argue with the police about it. Arguing with them is something you want to avoid. Here are a few simple rules:

  • Go with the flow. Don’t allow the fact that you have been pulled over elicit a strong emotional reaction, be it fear, anger or something else. Realize that once you are detained by police they are in control of the situation. Be compliant, give them the documents (License, Registration, Proof of Insurance) they request and follow their instructions;
  • Be Polite;
  • Remember Your Rights;
    • Searches – you do not have to agree to be searched or to allow your car to be searched. If police ask you to let them search you, telling them no is your right and doing so can’t be used against you in the courtroom;
    • Incriminating Statements – No one has to give information that may incriminate them. A person does not have to plead the fifth amendment or make any formal invocation of fifth amendment right to not incriminate oneself. They can just refuse to answer questions;
    • Ask to consult with an attorney – Contact the Law Offices of Joseph T. Brown PLC for assistance, legal counsel and representation.

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Avoiding a Traffic Stop in Virginia

 

Police can pull over a car if there is a reasonable suspicion that a law is being broken or a crime committed. Minimizing your chances of being stopped by police require taking a common sense approach to avoid attracting attention to yourself. There are two areas – driving conduct and legal compliance of your vehicle, where a little effort can minimize your chances of being pulled over by police.

As far as driving conduct goes, police are going to be attracted to speeders, people running red lights or otherwise obviously breaking the law. You don’t want to be the person speeding at 90 mph on US 1 through a school zone and drinking a beer. This person is likely to attract unwanted attention to himself. Slow and careful driving, using turn signals and coming to complete stops for example, reduce the amount of attention that police will give you on the road.

The other way to minimize your chances of being pulled over is to ensure that your car is registered, insured and inspected with all of the required information correctly displayed. Do not alter your car such as lowering it or changing the exhaust system. Do not use illegal ground effect lighting or tinted windows, and keep the stereo down to a reasonable volume. It is illegal to drive with an obstructed view, so even something hanging from a rear view mirror could give probable cause to pull someone over.

We offer free consultations for all traffic and criminal law issues, so call today to schedule an appointment. If you are able to speak with an attorney over the phone then usually you can get an appointment the same day.

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Reckless Driving in Virginia

 

Reckless Driving in Virginia is a serious traffic charge that can result in a jail sentence, fine and loss of driving privilege. Since it is a class 1 Misdemeanor, it carries up to 12 months in jail and up to a $2,500.00 fine.

You can be charged with Reckless Driving in Virginia for driving at a speed that is 20 miles per hour or more above the speed limit or 80 miles per hour in a 65 or 70 mile per hour zone.

Reckless driving can also be charged for driving in reckless disregard for the safety of oneself or others, which can include a lot of different situations, even on private property. These situations include driving too fast for road conditions, following too closely, rapid lane changes that endanger other drivers, having faulty brakes, and for causing an accident.

To prove Reckless Driving for exceeding the speed limit, police must be able to determine the measure the speed of the vehicle. They can do this by pacing, or following the speeding car for a quarter mile or more. They can also use radar, which are widely used and can be used while the police cruiser is sitting still on the side of the road or while it is traveling on the road. A more recent technology is LIDAR, which uses a laser to determine speed and distance, and is very accurate. No matter what method police use to determine the speed of a vehicle, the equipment must have been calibrated within the past six months of the date of the ticket, otherwise the results are inadmissible in court.

In Virginia a reckless driving charge requires a court appearance. It is not a ticket that can be prepaid. In many situations an attorney can appear in the place of a person charged with reckless driving, which can be very helpful for people who get a speeding ticket while traveling through Virginia but live in another state.

There are a number of possible defenses. If you are charged with Reckless Driving in Virginia there are several things that you can do. For example, you should consider taking a driver improvement course, get a copy of your driving record, replace any defective equipment and get a speedometer calibration. Even if no defense is available, it may still be possible to have the charge dismissed or lowered to a lesser offense that carries less points on your driving record and a lower fine. Anyone charged with reckless driving should speak with an attorney.

We offer free consultations for all traffic and criminal law issues, so call today to schedule an appointment. If you are able to speak with an attorney over the phone then usually you can get an appointment the same day.

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Hit & Run in Virginia

 

The Driver and Passengers of a vehicle in Virginia have duties in the case of a vehicle accident.  These duties are the duty to stop, to give certain information to the driver or any inured persons, and to report the accident to Police.  This Duty to Report an Accident occurs for any accident in the state, not just on the streets and highways but on private property also.  Failure to report the accident is a criminal offense that is either a misdemeanor or a felony.  Additionally, any person who violates any of the laws about the duties to report can lose their Virginia driver’s license for up to six months.

Duties of Driver involved in an Accident in Virginia;Death, Injury or occupied vehicle. A driver’s duties in an accident are described in section 46.2-894 of the Code of Virginia (Duty of Driver to Stop, Etc., in event of accident involving injury or death or damage to attended property).  The driver of a vehicle who is involved in an accident where injuries occur or there is another vehicle involved that is occupied has certain duties as required by Virginia Law:

    • To immediately stop at the scene of the accident;
    • To report his name, address, driver’s license number, and registration number to
      • State Police or local law enforcement agency;
      • The person struck or injured (if they can are able to understand and retain that information);
        • Or the driver or other occupant of the vehicle collided with
      • Or the custodian of the damaged property
    • To render reasonable assistance to any injured person, including obtaining and transporting the injured person to medical treatment.

Violations of Section 46.2-894 of the Virginia Code are a Class 5 Felony (1 day to 10 years in prison) if anyone in the accident suffers an injury or death, or if the accident results in more than $1,000.00 of property damage.  Violations are a Class 1 Misdemeanor (1 day to 12 months in jail) if there were no injuries and the accident resulted in less than $1,000 in property damage.

Persons who are unable to make a report because of injuries sustained in the accident are exempt from this statute.

Duties of Passenger involved in an Accident in Virginia; Death, Injury or occupied vehicle.A passenger’s duties are described in Section 46.2-895 of the Code of Virginia (Duty of certain persons accompanying driver to report accidents involving injury death or damage).  In an accident where there are injuries or death or when another occupied car is involved, and the driver of the vehicle fails to stop at the scene of the accident, any passengers in the vehicle have a duty to report the accident to the State Police or local law enforcement, within 24 hours of the time of the accident.

Failure to comply with this statute is a Class 6 Felony (1 day to 5 years in prison) if the accident resulted in the death or injury of any person.  If the accident involved only damage to property, a conviction is a Class 1 Misdemeanor (1 day to 12 months in jail).

Duty of Drivers in Accidents involving only Unattended Property.  A driver’s duties if there is an accident involving unattended property, such as a parked car or a fence or pole, are described in section 46.2-896 of the Code of Virginia (Duties of Driver in event of Accident involving damage to Unattended Property), as follows:

  • Shall make a reasonable effort to find the owner or custodian of the property and report to the owner his name, address, driver’s license number, and registration number;
  • If the owner cannot be found, then the driver should leave a note or other sufficient information including identification of the driver and contact information in a conspicuous place at the scene of the accident AND the person shall report to accident in writing within 24 hours to State Police or local law enforcement.

A driver who is unable to comply with this statute because of injuries suffered in the accident is exempt from this statute.  A conviction of violation of this statute is a Class 1 Misdemeanor (1 day to 12 months in Jail) if the damage to property is more than $250.  If the damage is less than $250, conviction under this statute is a Class 4 Misdemeanor (fine up to $250).

Duty of Passengers to Report Accidents involving only Unattended Property. A passenger’s duties in the case where a driver fails to perform his duty to stop and leave a note are described in section 46.2-897 of the Code of Virginia (Duty of Certain Persons accompanying Driver to Report Accidents).  A passenger who is over 16 years old and is aware of the accident and that the driver failed to stop after the accident to leave a note, has a duty to notify the State Police or local law enforcement of the accident and to include his name, address and any facts within his knowledge about the accident.

A conviction of violation of this statute is a Class 1 Misdemeanor (1 day to 12 months in Jail) if the damage to property is more than $250.  If the damage is less than $250, conviction under this statute is a Class 4 Misdemeanor (fine up to $250).

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Our Disclaimer

There are many pages in this website that are devoted to giving information about various topics in the law. This information is not meant to constitute legal advice and should not be considered legal advice for any reason. Anyone faced with a legal problem addressed in the pages of this site should contact the Law Offices of Joseph T. Brown PLC for a consultation.