A Virginia DUI arrest carries serious consequences for the accused motorist – a drunk driving conviction carries punishment that includes fines, driver’s license suspensions, and even jail time. However, a drinking and driving arrest doesn’t equal a conviction – far from it. The knowledgeable local attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com can provide a free consultation and explain how an aggressive defense strategy can minimize the repercussions of a Virginia drunk driving arrest.

A Virginia driving under the influence arrest generates two separate cases – in court, where the punishment can include can include jail time, fines, loss of driving privileges, and mandatory alcohol education classes; and an administrative case that triggers an immediate seven-day driver's license suspension.

Virginia drunk driving convictions can be obtained by that the motorist drove while under the influence of alcohol or drugs, or a combination of alcohol and drugs, or with proof that the driver violated Virginia's "per se" laws, meaning that he or she drove with a blood alcohol content (BAC) of .08 percent or greater.

Prosecutors will attempt to prove the traditional DUI charge by reference to driving patterns and field sobriety test performance. A prosecutor cannot prove violation of the per se laws without a breath or blood test.

DUI is a Class 1 misdemeanor in Virginia. The maximum punishment for a first offense is a $2,500 fine, one year in jail, and the loss of one's driving privileges for one year. The judge may order restricted driving privileges that would allow one to drive to and from work. All persons convicted of DUI must enter the Virginia Alcohol Safety Action Program (VASAP), a drunk driving program. This program costs $300.

Some sentence enhancements will result in additional mandatory jail sentences – even in first-offense cases. If the driver’s BAC was determined to be between .15 percent and .20 percent, he or she faces a mandatory five-day jail sentence. If the driver’s BAC was greater than .20 percent, there is a mandatory 10-day jail sentence. In addition, if one had a blood alcohol level of 0.15 and above, he or she will be required to install an ignition interlock device.

Virginia drunk driving defendants also can receive sentencing enhancement based upon prior convictions. For a second conviction within five years of a prior offense, there is a mandatory 20-day jail sentence. For a second conviction within 10 years of a prior offense, there is a mandatory 10-day jail sentence. A convicted third-offense DUI driver faces six months in jail. Fourth offenses within 10 years of a prior conviction are subject to a mandatory one year in jail.

Virginia DUI law mandates additional driver's license consequences where a person refuses to take a breath or blood test following a drunk driving arrest. Virginia has an implied consent law, meaning that all licensed drivers have already consented to a test of their breath or blood for alcohol content if arrested for drinking and driving.

When a driver refuses to submit to a chemical test, it deprives the prosecution of a key piece of evidence that can be used against them in court; however, they also run the risk of being subjected to an additional one-year driver's license suspension if convicted of DUI.

If the driver refuses to submit to a breath or blood test after having previously been convicted of DUI or refusal within 10 years, the driver’s license will be suspended for three years if the motorist is convicted. Refusing to comply with Virginia's implied consent law is also a separate criminal offense. The refusal will also be a criminal charge with the possibility of a six-month jail sentence, or a one-year jail sentence for a third offense.

Because the punishment for drunk driving is so severe in Virginia, it’s imperative to have expert legal representation. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com can provide a free consultation and outline a proven defense strategy designed to protect the driver’s rights and minimize or even eliminate negative consequences.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.