Alexandria Virginia DWI & DUI Laws and Penalties: Law 18.2-266

What are the DUI and DWI laws in Alexandria, Virginia? Alexandria’s DUI and DWI laws are outlined in VA Law 18.2-266, encompassing behaviors known as DUI, DWI, and DUID as a class 1 misdemeanor drunk driving offense. Alexandria punishes DUI and DWI convictions by up to 1 year in jail, a fine between $250.00 and $2,500.00, at least one year of driver’s license suspension, mandatory alcohol education classes, and 12 months of probation. The jail penalty increases significantly if you were arrested with a blood alcohol level of 0.15 or higher, or if this is not your first DWI offense. We will use the Virginia DUI and Virginia DWI terms interchangeably since the law applies in the same way to both DUI and DWI in Alexandria, Virginia.

Alexandria’s DWI / DUI law prohibits:

  • Driving while under the influence of alcohol – DUI, and,
  • Driving with a blood alcohol content level of .08 or higher – DWI, and,
  • Driving while under the influence of marijuana, drug or intoxicant – DUID.

Alexandria DWI Penalty Table

(Maximum fine for all Alexandria DUI offenses is $2500.00)

DUI OffenseCrime ClassMax JailMin JailBAC .15+
Min Jail
BAC > .20
Min Jail
License
Loss
DUI 1st
Offense
Misdemeanor12 MonthsN/A5 Days10 Days12 Months
DUI 2nd in
10 Years
Misdemeanor12 Months10 Days20 Days30 Days36 Months
DUI 2nd in
5 Years
Misdemeanor12 Months20 Days30 Days40 Days36 Months
DUI 3rd in
10 Years
Class 6
Felony
5 Years90 Days100 Days110 Days36 Months
DUI 3rd in
5 Years
Class 6
Felony
5 Years180 Days190 Days200 Days36 Months
While the Alexandria DUI punishments outlined above are the minimum and maximum possible punishments for each variation of a drunk driving offense in Virginia, the judge may impose any amount of jail time in between the minimum and maximum range of penalties. It is undoubtedly important for you to trust your DWI attorney and be comfortable with your defense to make sure that your case results in an outcome as close to the minimum as possible – if not a dismissal of the charge altogether. The investment in a strong Alexandria DUI defense lawyer for your first DUI charge is undeniable – as you can see that a second or subsequent DWI CONVICTION will guarantee you jail time in Alexandria, Virginia.

 

Overview of Drunk Driving Law

Any amount of alcohol in your system over a .02 can technically result in an Alexandria DUI charge and conviction. While most charges for drunk driving will have a Blood Alcohol Content (BAC) level of .08 or higher, this is actually not required under Virginia law. Thus, a BAC level BELOW .08 can still result in a DUI arrest and conviction in Alexandria.

Unlike every other charge, which requires for the government to prove that you are guilty beyond a reasonable doubt, in a DUI case, the burden shifts to the accused when the BAC is above a .08. When the blood alcohol level is .08 or higher, an Alexandria judge will presume that the accused was under the influence. This means that when you step into an Alexandria Courtroom with a DWI case in which a BAC is .08 or above, you are already presumed to have been driving under the influence … and it is up to you and your Alexandria DWI lawyer to show otherwise.

DUI in Alexandria, VA

When the BAC level is between .05 and .08 there is no such presumption and the prosecutor needs to prove beyond a reasonable doubt that you were driving while intoxicated in Alexandria. And, when the BAC is .05 and below, the court will presume that you were not under the influence and it will be up to the Alexandria prosecutor to prove your intoxication by other evidence. This last standard is the standard presumption in any other criminal trial – you are presumed innocent until proven guilty. As you can see, Alexandria’s DWI laws are terribly unfair and require attorney maneuvering.

 


 

Alexandria DUI Attorney

Call 888-886-4127

This article is written by Alexandria DUI attorney Marina Medvin, an award-winning DWI lawyer serving Alexandria, VA. In addition to her Juris Doctorate degree, Ms. Medvin has a Bachelor of Science Honors Degree from Penn State, where she graduated in the Top 10% of her class. Both a legal and a science background are recommended for the defense of DUI / DWI cases because of the scientific and chemical analysis of the Blood Alcohol Content. Please call for an Alexandria DWI attorney consultation request.

 

 


 

First Offense DUI Penalties in Alexandria, VA

MAXIMUM penalty for a First Offense DUI:
(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.

MINIMUM penalties for a First Offense DWI:
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


Second Offense DUI Penalties in Alexandria, VA

 

MINIMUM Penalties for a DWI Second Offense in a 5 Year Period

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 will lose your driver’s license for 36 months
6) you are not eligible for a restricted driver’s license for at least 12 months
7) you vehicle MUST be equipped with an ignition interlock device for the first 6 months of your restoration of driving privileges

MINIMUM Penalties for a DUI Second Offense in a 10 Year Period

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) you will lose your driver’s license for 36 months
6) you are not eligible for a restricted driver’s license for at least 4 months
7) you vehicle MUST be equipped with an ignition interlock device for the first 6 months of your restoration of driving privileges


Third Offense DWI Penalties in Alexandria, VA

 

MINIMUM Penalties for a Felony DUI Third Offense in a 5 Year Period

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 will lose your driver’s license for 36 months, or indefinitely as a habitual offender
7) you vehicle MUST be equipped with an ignition interlock device

MINIMUM Penalties for a Felony DWI Third Offense in a 10 Year Period

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 will lose your driver’s license for 36 months
7) you vehicle MUST be equipped with an ignition interlock device

Q: How is a Felony DWI different from a Misdemeanor DWI?

A: The felony DUI contains all of the penalties for a misdemeanor DUI but has additional and higher penalties for license loss and for jail time – a maximum imprisonment penalty of up to 5 years.

 


Click to Review All DUI / DWI Case Results
Second DWI in 5 Years REDUCED in Fairfax VA

FAIRFAX VIRGINIA DWI Lawyer Case Result: The client was charged with a DWI Second Offense in Fairfax County just one month after completing probation for his first DUI offense. His attorney successfully negotiated an amendment to his DWI 2nd offense charge to a 1st offense, with only a weekend of [...]

Read More
Fairfax Virginia DUI Charge DISMISSED

FAIRFAX, VIRGINIA DWI ATTORNEY CASE RESULT: A drunk driving arrest in Fairfax, Virginia under Va Law 18.2-266, with a BAC of .13, was DISMISSED as a matter of law. The client walked away with no DUI penalties. A related Reckless Driving charge resulted in a Guilty plea and was penalized [...]

Read More
Multi-vehicle Collision DWI in Alexandria Virginia Results in REDUCED Penalties

ALEXANDRIA, VA DWI ATTORNEY CASE RESULT: A vehicle collision in Alexandria, VA, where the driver was accused of striking multiple parked cars, charged under Va Law 18.2-266, was REDUCED from an enhanced-penalty DUI with BAC at or above .15 to a regular DWI, sentenced to 3 days in jail, the [...]

Read More
Alexandria VA Misdemeanor DWI Arrest REDUCED to Reckless Driving, No Jail

ALEXANDRIA, VA DWI DEFENSE LAWYER CASE RESULT: Alexandria, Virginia vehicle collision that resulted in a DWI arrest under Va Law 18.2-266 was REDUCED and amended to a lesser charge of Reckless Driving. The amended charge was penalized by a high fine and alcohol classes. NO JAIL time and no license [...]

Read More
Federal Pentagon DUI DWI Charges REDUCED to Reckless Driving, No Jail

ALEXANDRIA, VIRGINIA FEDERAL DUI DWI DEFENSE ATTORNEY CASE RESULT: Federal misdemeanor charges for DUI / DWI on the Pentagon Reservation in Arlington, Virginia, under 32 CFR 234.17, resulted in reduction of the DUI to Reckless Driving, and dismissal of all other charges. The reduced charge resulted in 6 months of [...]

Read More
4th Offense DUI w/ Mandatory Minimum Penalty 1 Year in Jail REDUCED

FAIRFAX, VIRGINIA DWI ATTORNEY CASE RESULT: 4th Offense DUI charge under Va Law 18.2-266, after prior Felony DUI conviction, resulted in an amendment and reduction of mandatory minimum jail time of one year. Under Virginia law, a  person convicted of a DUI after previously having been convicted of either a felony [...]

Read More
Possession of Schedule I/II Cocaine and Heroin – DISMISSAL OF CHARGES in Arlington Virginia

ARLINGTON, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Felony charges for Possession of Schedule I/II substances, Cocaine and Heroin, while also driving under the influence, resulted in a dismissal of one drug charge at the preliminary hearing and a reduction of the second drug charge to a misdemeanor with expected dismissal as [...]

Read More
Alexandria Virginia DUI Charge 18.2-266 REDUCED to Reckless Driving – NO JAIL, No License Suspension

ALEXANDRIA, VIRGINIA DUI DEFENSE ATTORNEY CASE RESULT: Old Town Alexandria vehicle collision that resulted in a DUI arrest under Va Law 18.2-266 was REDUCED and amended to a charge of Reckless Driving. The amended charge was penalized by a high fine. NO JAIL time, no Alcohol classes, no license suspension. [...]

Read More
Fairfax Virginia DWI Charge 18.2-266 DROPPED For Insufficient Evidence

FAIRFAX, VIRGINIA DWI ATTORNEY CASE RESULT: DWI arrest in Fairfax, Virginia, charged under Va Code 18.2-266, was DROPPED (not prosecuted) for insufficient evidence. Client pled No Contest to a related non-criminal Refusal citation. Read more about Fairfax criminal defense attorney Marina Medvin, who represented this client and achieved this result. [...]

Read More
DUI Arrest After Serious Collision and BAC .24 – Charge REDUCED to Reckless Driving, No Jail

FAIRFAX, VIRGINIA DUI ATTORNEY CASE RESULT: DUI arrest in Fairfax, following a serious collision with injuries and a with a BAC of .24 (10 days of mandatory minimum jail time required, as charged), was REDUCED and AMENDED to Reckless Driving with NO JAIL TIME, just a 6 month restricted license [...]

Read More
Fairfax VA Drunk Driving Arrest BAC .19 REDUCED, No Jail Time

FAIRFAX, VIRGINIA DUI ATTORNEY CASE RESULT: Drunk driving arrest under Va Law 18.2-266 in Fairfax with a BAC of .19 (5 days of mandatory minimum jail time required, as charged) was REDUCED to a .08 DUI and penalized at minimum first offense penalties, NO JAIL TIME. Read more about Fairfax [...]

Read More
Virginia DWI Arrest Following Collision, BAC .17, Charge REDUCED – NO JAIL

FAIRFAX, VIRGINIA DWI ATTORNEY CASE RESULT: DWI arrest after a collision, BAC of .17 (5 days of mandatory minimum jail time required, as charged) was REDUCED to a .08, and penalized minimum first offense penalties, NO JAIL TIME. Read more about Fairfax criminal defense attorney Marina Medvin, who represented this [...]

Read More
Misdemeanor DUI Charge Following Serious Collision, BAC .20, REDUCED – NO JAIL

ALEXANDRIA, VIRGINIA DUI ATTORNEY CASE RESULT: Serious vehicle collision with a BAC of .20, resulting in a DUI arrest under Va Law 18.2-266 (with a required mandatory minimum jail penalty if convicted as charged) was REDUCED to a standard first offense DUI at a .08 and NO JAIL time. Alexandria [...]

Read More
Fairfax Virginia Manslaughter Charges DISMISSED

FAIRFAX, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Client was charged with Involuntary Manslaughter under Va Code § 18.2-36.1 (penalty maximum – 10 years in prison) for allegedly driving drunk and causing a collision which resulted in the death of the other driver (initially charged as DUI after the collision, with charges later [...]

Read More
Virginia DWI Arrest After Collision, BAC .29, Results in REDUCTION and NO JAIL

ALEXANDRIA, VIRGINIA DWI ATTORNEY CASE RESULT: Second DWI arrest, this time after a collision with multiple vehicles and a BAC .29, a class 1 misdemeanor under Va Law 18.2-266 (carrying a significant mandatory minimum jail penalty), was REDUCED to a standard first offense DUI at a .08, resulting in no [...]

Read More
Alexandria VA DUI 2nd Offense, BAC .25 Charge REDUCED – NO JAIL TIME

ALEXANDRIA, VIRGINIA DUI ATTORNEY CASE RESULT: 2nd DUI arrest within 5 years of the first, and a BAC level of .25, under Va Laws 18.2-266 and 18.2-270 produce a mandatory minimum jail penalty of 40 days. Defense prevailed on issues of proving a prior DWI offense and the BAC level, [...]

Read More
NOT GUILTY – 1st Offense DUI with BAC .16 in Fairfax, Virginia

CITY OF FAIRFAX, VIRGINIA DUI ATTORNEY CASE RESULT: NOT GUILTY verdict at trial for a DUI arrest, Va Law 18.2-266, with a BAC of .16 (which would have resulted in a mandatory minimum 5-day jail sentence if the client was found guilty). Va Law § 18.2-266. Driving motor vehicle, engine, [...]

Read More
NOT GUILTY 2nd Offense Refusal to Submit to Alcohol Breath Test After DUI Arrest

FAIRFAX, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: NOT GUILTY verdict at trial for a second offense Refusal charge for refusing to submit to alcohol breath testing in Fairfax County, VA, after client’s arrest for DUI and collision with a Fairfax County Police Officer. Client was also found NOT GUILTY of [...]

Read More
First Offense DWI w/ .15 BAC REDUCED, NO JAIL TIME

FAIRFAX, VIRGINIA DWI ATTORNEY CASE RESULT: First offense DWI charge with BAC of .15 (5 days of mandatory minimum jail time required, as charged) was reduced to a .08 DWI and penalized with probation and other mandatory first offense penalties, NO JAIL TIME. Read more about Fairfax criminal defense attorney [...]

Read More
DUI 2nd Offense REDUCED to DUI 1st | Arlington, VA

ARLINGTON, VIRGINIA DUI ATTORNEY CASE RESULT: Second DUI offense within 5 years of the first, punishable by a mandatory minimum period of 20 days, was REDUCED to a First Offense with only one weekend in jail. Read more about Arlington criminal defense attorney Marina Medvin, who represented this client and [...]

Read More
NOT GUILTY of DUI 2nd Offense with BAC .16 and Collision with Police Officer

FAIRFAX, VIRGINIA DUI ATTORNEY CASE RESULT: NOT GUILTY verdict at trial for a second offense DUI charge in Fairfax County, VA, under Virginia Law 18.2-266, with a blood alcohol content of .16, which mandates a minimum 20-day jail sentence if convicted of the DUI as charged, plus more jail time [...]

Read More
NOT GUILTY of DWI in Arlington Virginia

ARLINGTON, VIRGINIA DWI ATTORNEY CASE RESULT: NOT GUILTY verdict at trial for a first offense DWI charge in Arlington County, VA for an accusation under Virginia Law 18.2-266 for suspicion of drunk driving after police responded to a collision. Related Refusal citation resulted in a conviction and suspension of driving [...]

Read More
First Offense DUI With .19 BAC REDUCED, No Jail Time

FAIRFAX, VIRGINIA DUI ATTORNEY CASE RESULT: A first offense DUI charge in Fairfax County, VA, under Virginia Law 18.2-266, with a blood alcohol content of .19, which mandates a minimum 5-day jail sentence if convicted of the DUI as charged (plus more time for the collision while DUI), resulted in [...]

Read More
Virginia First Offense DUI With .16 BAC REDUCED

ARLINGTON, VIRGINIA DUI ATTORNEY CASE RESULT: A first offense DUI charge in Arlington, VA, under Virginia Law 18.2-266, with a blood alcohol content of .16, which mandates a minimum 5-day jail sentence if convicted of the DUI as charged (plus more time for the collision while DUI), resulted in a [...]

Read More
Federal DUI at Pentagon DISMISSED for Insufficient Evidence

ALEXANDRIA, VIRGINIA FEDERAL DEFENSE ATTORNEY CASE RESULT: Federal misdemeanor charge for DUI on the Pentagon in Arlington, Virginia, under 32 CFR 234.17, resulted in DISMISSAL of the DUI charge for insufficient evidence. A related Refusal to Submit to Breath Test charge resulted in probationary driving restrictions and an alcohol class. [...]

Read More
4th DUI Results in DUI 1st Plea Deal & Only 5 Days in Jail

ALEXANDRIA, VIRGINIA 4th DUI arrest under Va DUI Law 18.2-266, which can be charged as a felony, instead resulted in a plea deal on a misdemeanor DUI charge as a 1st offense with a penalty of only 5 days in jail (a mandatory minimum penalty for a BAC level greater [...]

Read More
Federal DUI BAC .21 Resulted in Only 3 Days Home Confinement

ALEXANDRIA, VIRGINIA Federal misdemeanor DWI and DUI charges for drunk driving at the CIA resulted in DISMISSAL of the DWI charge and reduction of the mandatory minimum 10-day jail sentence required for a BAC level of .21 to only 3 days of come confinement after a presentation of defense attorney [...]

Read More
Pentagon DUI / DWI, Driving on Suspended License Results in DISMISSAL

ALEXANDRIA, VIRGINIA FEDERAL UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT: Federal misdemeanor charges for DWI and DUI and associated misdemeanor charges at the Pentagon Reservation in Virginia under 32 CFR 234.17 resulted in DISMISSAL of the DWI charge, the Refusal to Submit to Breath Test, and the Driving on [...]

Read More
Alexandria Virginia DWI 18.2-266 REDUCED to Reckless Driving

ALEXANDRIA, VAMisdemeanor DWI charge in the City of Alexandria under Va Code 18.2-266 after a 4-vehicle collision on I395 resulted in an AMENDMENT and REDUCTION of the charge to Reckless Driving, with an agreed-upon penalty of a fine, 6 months of license suspension, and alcohol classes. NO JAIL TIME, no [...]

Read More
DWI in Arlington Virginia BAC .18 REDUCED to Reckless Driving, No Jail Time

ARLINGTON, VIRGINIA DWI charge in Arlington, VA under Virginia Law 18.2-266, with a blood alcohol content of .18, requiring mandatory minimum 5 day jail time if convicted of the DWI as charged (plus more time for the collision while DWI), resulted in a REDUCED and AMENDED charge to Reckless Driving, [...]

Read More

 

Best Lawyers in Virginia - Criminal Defense and DUI Law