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read below important information about DUI penalties and how we defend DUI in court:
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Elements of a DUI Charge
In Virginia, the DUI laws are under Virginia Law Section 18.2-266 (ii) of the Virginia Code.
The law states that it is unlawful to drive or operate a motor vehicle while you are under the influence of alcohol.
The charge is for driving with a blood alcohol content (BAC) above the legal limit set by Virginia laws, which is 0.08.
A driver is under the influence of alcohol when his drinking, his manner, speech, general appearance, or behavior is so affected that it is apparent to observation.
To convict someone of a DUI charge, the Commonwealth’s Attorney must provide sufficient evidence to prove that the defendant met the two required elements of a DUI charge such as:
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- Driving or operating a motor vehicle, and
- Was under the influence of alcohol at the time of operating such a motor vehicle.
At trial, it must be shown that there was a reason the officer stopped the vehicle.
The officer will further be required to testify about the behavior they observed while the defendant drove and that the officer had probable cause or suspicion for the arrest.
Moreover, the officer will have to testify about the accused’s appearance as well as the result of the preliminary breath test.
They must also prove beyond a reasonable doubt that the driver was driving under the influence.
What are the Penalties of a DUI First Offense?
In Virginia, DUI charges are taken very seriously.
These charges can have a ripple effect and can damage personal and professional relationships.
Thus, resulting in employment difficulties, losing your license so on so forth.
It is important to have someone who may explain the laws and know their way to proceed with such a case.
If you are facing such a charge, contact a Virginia DUI Lawyer immediately.
For a first and second-time offense, DUI cases are Class 1 misdemeanors.
A person facing a first-time charge will have to pay a mandatory minimum fine of $250, there will be a 1-year license suspension, and the defendant will be required to complete an Alcohol Safety Action Program (ASAP).
In the event a person convicted was transporting a person who was under the age of 17 years old, this will result in an additional fine of $500 – $1000 as well as mandatory 5-day confinement.
There may be a suspended jail sentence that is dependent upon completing all requirements of the sentence and good behavior for 12 months.
However, if your BAC ranges from 0.15 to 0.19, there may be a mandatory 5-day jail sentence. Similarly, there will be a 10-day mandatory sentence if the BAC is over 0.20
What are the Penalties of a Second or Third DUI Offense?
For repeated DUI offenses, there most certainly may be an extended jail term imposed by the Judge depending upon the circumstances of the case.
A second DUI conviction requires a mandatory minimum fine of $500, a 3-year license suspension, and completing the Alcohol Safety Action Program (ASAP).
A third DUI offense within 10-years of the first has severe penalties such as a mandatory minimum sentence of 90 days in jail includes a mandatory fine of $1000.
A third offense conviction is a Class 6 Felony.
Possible Defenses Against a DUI Charge
Although the consequences of a DUI charge are serious and the defendant may face harsh penalties, an experienced Virginia DUI Lawyer can help to minimize those penalties by preparing possible defenses that may apply to the defendant’s case.
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An experienced lawyer may be able to challenge the blood, urine, and breath tests taken by the officer to determine sobering.
It is often the case that some officers do not follow the proper protocol.
Their machines may not be calibrated correctly, and so the test result may not be accurate. The Virginia DUI Lawyer can also challenge the officer’s reasonable suspicion to charge the defendant with a DUI.
Since a large portion of the evidence relies on your behavior while driving, you may provide witnesses who can testify that you were either driving defensively, did not break any rules, and were not drinking before driving at all.
Why should you hire a Virginia DUI Lawyer?
In Virginia, DUI is a serious criminal offense that can cause damaging effects to not only your personal life but also your work life, future employment so on so forth.
If you or a loved one is charged with a DUI, you will need help with understanding the charges against you and will need an experienced Virginia DUI Lawyer by your side to defend you.
The attorneys here at the American Lawyers Group have years of experience with handling thousands of clients and providing them with strong and effective representation.
Contact us immediately if you face any such charges.
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