Driving while intoxicated/driving under the influence (DWI/DUI) is a serious crime that can result in harsh consequences if you are convicted. If you are found guilty of DWI/DUI, you may have to pay a fine, serve time in jail, and have your ability to drive for 12 months. It is important to talk with an experienced Fairfax DUI lawyer to protect your legal interests.
At The Leiva Law Firm, we understand the consequences resulting from a DWI/DUI conviction. Experienced criminal defense attorney Manuel Leiva will fight for you throughout the legal process, including at your trial. You can contact our firm today to discuss your pending charges.
It is against the law for anyone to operate a vehicle with a blood alcohol content (BAC) of 0.08 percent or more, as identified by a chemical test and/or blood test. A person can be charged with a DWI/DUI if a person is driving a vehicle while under the influence of a narcotic drug or other intoxicant that impairs their ability to operate the vehicle. Additionally, a charge may be issued for a DWI/DUI if the driver has a blood concentration of cocaine, methamphetamine, phencyclidine, or methylenedioxymethamphetamine in certain amounts, according to Virginia Code § 18.2-266. A knowledgeable Fairfax lawyer can help answer any questions about what constitutes DUI.
Punishments for DWI/DUI are severe, and the more DWI/DUIs a person is convicted of, the harsher the penalty imposed by the court. A person convicted of a first-offense DWI/DUI is guilty of a Class 1 misdemeanor with a jail sentence ranging from 0 to 12 months, a fine not more than $2500, and a loss of driving privileges for 12 months. If the person’s BAC (blood alcohol content) was at least 0.15 but not more than 0.20, the person shall also serve a mandatory jail sentence of five days in jail, or if it was over 0.20, a mandatory jail sentence of 10 days.
If convicted of a second offense DWI/DUI within five to 10 years aftera conviction, a mandatory minimum fine of $500 will be assessed, and the person shall serve a mandatory jail sentence of 20 days. The person’s driving privileges shall be suspended for a minimum of three years.
If a person is convicted of a third-offense DWI/DUI within ten (10) years, the person is then guilty of a Class 6 felony. The court will impose a mandatory minimum of 90 days in jail. However, if the offenses are each committed within five (5) years, a mandatory minimum jail sentence of six (6) months shall be ordered, and a fine of not less than $1,000 shall be imposed. An indefinite license revocation will also be imposed.
The punishment for a person convicted of four or more DUIs within a 10-year period will include a mandatory minimum jail sentence of one year and a minimum fine of $1,000. An indefinite license revocation will also be imposed.
The more convictions for DWI/DUI that a person has, the higher the fine, the longer the term of imprisonment, and the longer the term of license suspension. An experienced DWI/DUI lawyer in Fairfax can help explain the potential penalties depending on your specific situation.
A conviction for a DWI/DUI can have severe consequences. Therefore, it is important to work with an experienced Fairfax DUI lawyer who is knowledgeable about the criminal justice process and DWI/DUI cases.
The Leiva Law Firm has assisted many clients in fighting DWI/DUI cases. We have extensive trial experience, and we are here to help advocate for your legal interests. If you are facing a DWI/DUI charge, contact The Leiva Law Firm today.
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