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Virginia DUI arrests
trigger two cases. One is the criminal
case, in which jail time, fines, the loss of your driver’s
license and mandatory alcohol education classes
may be imposed. The second case is the administrative case with the State, in which your privilege to drive is at stake. A DUI arrest
triggers an immediate 7 day driver’s
license suspension. Since these two cases are seperate and independent of each other it is quite possible to have the criminal charges dismissed and still lose your license.
There are two theories under which DUI's
in Virginia can be prosecuted. DUI’s
can be obtained by proof of either driving
while under the influence of alcohol or drugs,
or by proof that the driver violated the “per
se” law - which means that they drove
with a blood alcohol level of .08% or greater.
Prosecutors will introduce evidence of driving
patterns, physical appearance and field sobriety
testing to meet their burden under the "under the influence" theory.
In order to prove a violation of the “per
se” law, prosecutors only need to introduce
the results of a breath or blood test because this theory relies on body chemistry only and proof of unsafe driving is not necessary.
The maximum punishment for a first offense
is a $2,500 fine, one year in jail and the
loss of driving privileges for one year. It
should be noted that all persons convicted
of DUI are, by law, required to lose their
driving privileges for one year The Judge no
longer has discretion over this punishment.
However, he may order restricted driving privileges
that would allow one to drive to and from work.
In addition, all people convicted of a DUI must
enter the Virginia Alcohol Safety Action Program
at a cost of $300.
If an offender’s blood alcohol content
(BAC) was between .15 and .20, there is a mandatory
5-day jail sentence. If the level was above
0.20, there is a mandatory 10-day jail sentence.
In addition, if one had a blood alcohol level
of 0.15 or above, he or she will be required
to install an ignition interlock device on
their vehicle or any vehicle the offender
has access to.
Virginia DUI convictions can also result in
sentence enhancements based upon prior convictions.
There are some circumstances that result in
mandatory jail sentences based on prior offenses.
For a second conviction within 10 years of
a prior offense, there is a mandatory 10-day
jail sentence. For a second conviction within
5 years of a prior offense, there is a mandatory
20-day jail sentence. A third offense within
10 years carries mandatory jail of six months.
Fourth offenses within 10 years of a prior
conviction are subject to a mandatory one-year
in jail.
Where a person refuses to take a breath or
blood test following a lawful drunk driving
arrest, Virginia DUI law provides for additional
driver's license consequences. Virginia has
an implied consent law, which means that all
licensed drivers have impliedly consented to
a breath or blood alcohol test if suspected
of drunk driving. If a person does not submit
to such a test, while they do deprive the prosecution
with an important piece of evidence for their
case, they will also be subject to a possible
one-year driver's license suspension.
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