ALEXANDRIA, VIRGINIA: Second DUI arrest under VA Code 18.2-266, with an elevated BAC level of .19, and taking place 7 months after a prior DWI arrest in Prince William County, resulted in a DUI 1st conviction with only 5 days to serve, with the other standard DUI penalties. A related Driving on a Suspended License charge pursuant to prior Refusal conviction resulted in no active jail time.
Read more about DUI law here: Virginia DUI Laws and Defenses for Drunk Driving Charges in Alexandria, Fairfax, Falls Church, Arlington, Prince William
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DUI / DWI PENALTIES
(Click on the offense description below for the penalty list to appear)
[toggle id=”tt” title=”Maximum penalty for a Misdemeanor DUI conviction, For all DUI offenses” state=”off”] (1) up to 1 year in jail,(2) mandatory minimum jail sentence for certain BAC levels and case facts
(3) up to an indefinite suspension of your driver’s license / privileges,
(4) ignition interlock device for your vehicle if you get a restricted license at your expense,
(5) completion of ASAP (Alcohol Safety & Awareness Program) at your expense,
(6) a total of 6 points on a Virginia driver’s license, and,
(7) between a $250.00 and $2,500.00 fine.
[/toggle] [toggle id=”tt” title=”MANDATORY MINIMUM PENALTIES FOR 1ST OFFENSE” state=”off”] 1) you must attend ASAP classes at your expense
2) your driver\’s license will be suspended for a period of 12 months
3) if you are granted a restricted driver\’s license, you must pay for and use an ignition interlock device
4) if your BAC level was between .15-.20, you MUST serve at least 5 days in jail
5) if your BAC level was above .20, you MUST serve at least 10 days in jail
6) if you had a child passenger in your vehicle at the time of the offense who was under the age of 18 at the time, you MUST serve at least 5 days in jail – with an additional fine between $500.00 and $1,000.00
7) if your BAC was above .15, you vehicle MUST be equipped with an ignition interlock device for the first 6 months of your restoration of driving privileges
[/toggle] [toggle id=”tt” title=”For 2nd DUI offenses within less than a 5-year period, all of the penalties for first time offenders apply, plus:” state=”off”] 1) you MUST serve at least 20 days in jail
2) your fine will be at least $500.00
3) if your BAC level was between .15-.20 during your second offense, you MUST serve at least a total of 30 days in jail
4) if your BAC level was above .20 during your second offense, you MUST serve at least a total of 40 days in jail
5) you vehicle MUST be equipped with an ignition interlock device for the first 6 months of your restoration of driving privileges
[/toggle] [toggle id=”tt” title=”For 2nd DUI offenses within a 5-10 year period, all of the penalties for first time offenders apply, plus:” state=”off”] 1) you MUST serve at least 10 days in jail
2) your fine will be at least $500.00
3) if your BAC level was between .15-.20 during your second offense, you MUST serve at least a total of 20 days in jail
4) if your BAC level was above .20 during your second offense, you MUST serve at least a total of 30 days in jail
5) ignition interlock device if you get a restricted license
6) you vehicle MUST be equipped with an ignition interlock device for the first 6 months of your restoration of driving privileges
[/toggle] [toggle id=”tt” title=”For 3rd DUI offenses within a 5 year period – Class 6 Felony, all of the penalties for first time offenders apply, plus:” state=”off”] 1) you MUST serve at least 6 months in jail
2) your fine will be at least $1,000.00
3) if your BAC level was between .15-.20 during your third offense, you MUST serve another 10 days in jail in addition to the 6 months
4) if your BAC level was above .20 during your third offense, you MUST serve another 20 days in jail in addition to the 6 months
5) your vehicle is subject to seizure and forfeiture to the state
6) you vehicle MUST be equipped with an ignition interlock device
[/toggle] [toggle id=”tt” title=”For 3rd DUI offenses within a 10 year period – Class 6 Felony, all of the penalties for first time offenders apply, plus:” state=”off”] 1) you MUST serve at least 90 days in jail
2) your fine will be at least $1,000.00
3) if your BAC level was between .15-.20 during your third offense, you MUST serve at least a total of 100 days in jail
4) if your BAC level was above .20 during your third offense, you MUST serve at least a total of 110 days in jail
5) your vehicle is subject to seizure and forfeiture to the state
6) you vehicle MUST be equipped with an ignition interlock device
The felony contains all of the misdemeanor penalties, but has a maximum imprisonment penalty of up to 5 years.
[/toggle] [toggle id=”tt” title=”For 4th or subsequent DUI offenses within a 10 year period – Class 6 Felony, all of the penalties for first time offenders apply, plus:” state=”off”] 1) you MUST serve at least 1 year in jail
2) your fine will be at least $1,000.00
3) your vehicle is subject to seizure and forfeiture to the state
4) probation for up to 3 years
5) you vehicle MUST be equipped with an ignition interlock device
The felony contains all of the misdemeanor penalties, but has a maximum imprisonment penalty of up to 5 years.
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