Northern Virginia Defense Attorney - DUI Penalties and Punishments Information
The two most common questions asked by those arrested for DWI or DUI in Fairfax County or Northern Virginia are, “What is the Penalty or Punishment for DWI/DUI/Drunk Driving in Virginia?” and “What Will Happen to My License if I am Convicted of DWI/DUI/Drunk Driving in Virginia?”
Penalties in Virginia, including Fairfax County, Prince William County, Arlington County, Loudoun County, and Alexandria, for drunk driving, whether it is driving while intoxicated (DWI) or driving under the influence (DUI), can be quite harsh. There are penalties and consequences not only in the courtroom, but outside the courtroom from automobile insurance carries and the DMV (Department of Motor Vehicles). The penalties vary greatly depending on a number of factors, including whether the offense is a first or subsequent offense, whether the blood alcohol level (BAC) is elevated at or above a .15, and whether there are other aggravating circumstances, such as an accident. Only an experienced Fairfax County or Northern Virginia DWI/DUI traffic defense lawyer can give you an accurate projection of what consequences you will face based upon the specific facts of your case. However, the Virginia Code sets forth a basic structure within which the penalty imposed in your case must fit.
DWI/DUI Penalties – Jail Time, Fines, License Loss, and Other Consequences
The Virginia Code breaks down the range of potential penalties for DWI/DUI as follows:
DWI 1st Offense (misdemeanor)
- DWI/DUI 1st Offense, BAC .14 or below – up to 12 months in jail (no mandatory minimum, but judge can choose to impose active jail time), 12 month loss of license, ASAP classes, and a fine of up to $2,500 ($250 minimum).
- DWI/DUI 1st Offense, BAC .15 to .20 – up to 12 months in jail with a mandatory minimum active jail sentence of 5 days (judge can choose to impose more active jail time); 12 month loss of license, mandatory interlock device, ASAP classes, and a fine of up to $2,500 ($250 minimum).
- DWI/DUI 1st Offense, BAC above .20 – up to 12 months in jail with a mandatory minimum active jail sentence of 10 days (judge can choose to impose more active jail time); 12 month loss of license, mandatory interlock device, ASAP classes, and a fine of up to $2,500 ($250 minimum).
DWI 2nd Offense within 10 years (misdemeanor)
- DWI/DUI 2nd Offense within 10 Years, BAC .14 or below – up to 12 months in jail with a mandatory minimum active jail sentence of 10 days (judge can choose to impose more active jail time); 36 month loss of license (with no restricted license for the first 4 months), mandatory interlock device, ASAP classes, and a fine of up to $2,500 ($500 minimum).
- DWI/DUI 2nd Offense within 10 Years, BAC .15 to .20 - up to 12 months in jail with a mandatory minimum active jail sentence of 20 days (judge can choose to impose more active jail time); 36 month loss of license (with no restricted license for the first 4 months), mandatory interlock device, ASAP classes, and a fine of up to $2,500 ($500 minimum).
- DWI/DUI 2nd Offense within 10 Years, BAC above .20- up to 12 months in jail with a mandatory minimum active jail sentence of 30 days (judge can choose to impose more active jail time); 36 month loss of license (with no restricted license for the first 4 months), mandatory interlock device, ASAP classes, and a fine of up to $2,500 ($500 minimum).
DWI 2nd Offense within 5 Years (misdemeanor)
- DWI/DUI 2nd Offense within 5 Years, BAC .14 or below – up to 12 months in jail with a mandatory minimum active jail sentence of 20 days (judge can choose to impose more active jail time); 36 month loss of license (with no restricted license for the first 12 months), mandatory interlock device, ASAP classes, and a fine of up to $2,500.
- DWI/DUI 2nd Offense within 5 Years, BAC .15 to .20 - up to 12 months in jail with a mandatory minimum active jail sentence of 30 days (judge can choose to impose more active jail time); 36 month loss of license (with no restricted license for the first 12 months), mandatory interlock device, ASAP classes, and a fine of up to $2,500.
- DWI/DUI 2nd Offense within 5 Years, BAC above .20- up to 12 months in jail with a mandatory minimum active jail sentence of 40 days (judge can choose to impose more active jail time); 36 month loss of license (with no restricted license for the first 12 months), mandatory interlock device, ASAP classes, and a fine of up to $2,500.
DWI 3rd Offense (felony)
- DWI/DUI 3rd Offense within 10 Years – 1 to 5 years in prison with a mandatory minimum active jail sentence of 90 days (judge can choose to impose more active jail time); indefinite loss of license (can petition circuit court after 5 years), fine of at least $1,000 and up to $2,500; forfeiture of vehicle under Va. Code 18.2-270(C)(4).
- DWI/DUI 3rd Offense within 5 Years –1 to 5 years in prison with a mandatory minimum active jail sentence of 6 months (judge can choose to impose more active jail time); indefinite loss of license (can petition circuit court after 5 years), fine of at least $1,000 and up to $2,500; forfeiture of vehicle under Va. Code 18.2-270(C)(4).
DWI/DUI Penalties – Non-Judicial Consequences
The consequences of a DWI/DUI conviction go far beyond the above court imposed penalties. It is no secret that automobile insurance companies do not look favorably upon drunken driving convictions. Most often, an insurance company will cancel the insurance of a driver convicted of DWI. If not, the rates substantially increase. Sometimes this increase is as much as several thousand dollars a year. For those with a security clearance, a conviction could mean the loss of a job depending upon the level of the clearance.
For additional information, review our DWI/DUI pages, DWI FAQs and DWI defenses.
Contact an Experienced Fairfax & Northern Virginia DWI/DUI Traffic Defense Attorney
Call for a free consultation today if you have been charged with DWI/DUI/drunk driving or refusal in Fairfax County or Northern Virginia. Manikas Law LLC is located in Fairfax, Virginia. Contact us today by calling 703-873-7473. For toll-free assistance, call 888-503-8075.
