Fairfax DUI Attorneys on Mandatory Minimums for DUI Conviction

Drunk driving is risky, as we all know. Beyond the obvious danger to life and limb, there are mandatory penalties for being found guilty of DUI in Northern Virginia. The law in Virginia now provides that a person convicted of drunk driving be required to have an ignition interlock device installed on a vehicle in order to receive a restricted license or ever have their full driving rights restored in Virginia. To get the vehicle to start, the driver breathes into the device; if blood alcohol content is above a preset limit, the vehicle will not run.

The Virginia Department of Motor Vehicles publishes a brochure appropriately entitled “Virginia is TOUGH on drunk and drugged drivers.” It outlines the penalties that are imposed on individuals charged with driving under the influence of drugs or alcohol in Virginia. The severity of these punishments should discourage any intelligent driver from taking such a risk when they get behind the wheel after consuming too much alcohol.

Conviction for a First DUI Offense

• You pay a mandatory minimum fine of $250; maximum fine up to $2,500.00.
• Your driver’s license is revoked for one year.
• Mandatory ASAP (Alcohol Safety Awareness Program).

Conviction for a Second DUI Offense

• You pay a mandatory minimum fine of $500; maximum fine up to $2,500.00.
• Your driver’s license is revoked for three years.
• You may receive a jail sentence for up to one year.
• If you are convicted of a second DUI offense within ten years of a prior conviction, you are also sentenced to a mandatory jail term of 10 days; within five years of a prior conviction, and you receive a mandatory jail term of 20 days.

Conviction for a Third DUI Offense

• You pay a mandatory minimum fine of $1,000.
• Your driver’s license is revoked indefinitely.
• The offense is prosecuted as a Class 6 felony.
• Receiving three DUI convictions within 10 years carries with it the additional penalties of a 90-day jail term and forfeiture of your vehicle (if you are the sole owner); a third conviction within five years carries a mandatory minimum six-month jail term. If you are arrested for DUI three or more times in a five-year period, you may not be granted bail while you await your trail.

Conviction for a Fourth or Subsequent DUI Offense

• Receiving four or more DUI convictions earns you a one-year jail sentence.

Blood Alcohol Content (BAC) of 0.15% to 0.20%

In addition to all other penalties,

• For a first offense: You receive a mandatory minimum of five days in jail.
• For a second offense within 10 years: You have a mandatory minimum of ten days in jail.

BAC of .20 or Higher at Time of Arrest

In addition to all other penalties,

• For a first offense: You get 10 days in jail
• For a second offense within 10 years: You get a mandatory minimum of 20 days in jail.

Child in the Vehicle at Time of Arrest

In addition to all other penalties,

• For each child in your vehicle that is under the age of 18 at the time you are stopped, there is a mandatory jail sentence of 5 days.
• For each child in your vehicle that is under the age of 18 at the time you are stopped, you are subject to an additional $500.00 fine.

If you have been charged with DUI or another traffic crime in Northern Virginia, contact the experienced Fairfax DUI attorneys at Taylor Law Company. Give us a call and we’ll set you up with a FREE, immediate, no-obligation consultation.