Client was facing 3 criminal charges: Misdemeanor DUI Second Offense (VA Code 18.2-266), Misdemeanor Refusal to Submit to a Breath / Blood test, and Misdemeanor Driving on Revoked License Pursuant to DUI conviction. The evidence in this case overwhelmingly favored the government, as the client was recorded by the police officer’s video camera, which showed the defendant acting belligerently, intoxicated, and racist, amongst other things. This was also the client’s second DUI/DWI offense within 5 years – which has a mandatory 20 day jail sentence under Virginia law. Client was facing up to 3 total years in prison, 5 years of license loss, and up to a $7,500 fine on all charges.

RESULT: Plea deal that encompassed an immediate DISMISSAL of both the Driving and Breath Misdemeanor charges, and only the minimum penalties under the law for the DUI 2nd Offense. No further prosecution for attempted assault on law enforcement officer.

Virginia DUI Second Offense Penalties



Courthouse: Fairfax County General District Court at 4110 Chain Bridge Road, Fairfax, Virginia

Read more about Fairfax criminal defense lawyer Marina Medvin, who represented this client and achieved this case result.

Read more about DUI Law: Virginia DUI Laws, Penalties and Defenses Explained by DWI Attorney for Alexandria, Fairfax, Arlington.

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