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.

 


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