According to the National Highway Traffic Safety Administration, about 37 people in the United States die every day in car crashes involving impaired driving. That is about one person every 39 minutes. In 2022, there were more than 13,000 traffic deaths resulting from alcohol-impaired driving.
Even if no one is killed or injured, driving under the influence (DUI) is a very serious charge in every state, including Virginia. Regardless of the circumstances, an experienced DUI criminal defense lawyer can ensure you get the best possible outcome for your case.
This article explores the differences a good defense lawyer can make. Keep reading to find out the many benefits of solid representation can offer.
Definition of DUI in Virginia
Driving under the influence (DUI) in Virginia is a charge against someone accused of operating a motor vehicle while under the influence of alcohol, drugs, or both. Regarding alcohol: it entails having a blood alcohol concentration (BAC) of 0.08 percent or higher. There is no physiological threshold for being under the influence of drugs, only that it impairs your driving ability.
Also, Virginia has a “zero-tolerance” law for drivers under the age of 21 who are under the influence. That means, if you are underage, any amount of alcohol in your system while driving can result in a DUI charge.
Virginia DUI Penalties
One of the main reasons you need an experienced DUI criminal defense lawyer is to get a firm understanding of the potential consequences of your case. The severity of penalties depends on the circumstances of the incident, along with your past criminal record. Note that every DUI conviction stays on your permanent record and is not eligible for expungement in the state.
Prior DUIs
For a first-time DUI, you could face up to one year in jail, a fine of up to $2,500, and a one-year suspension of your license. The court may also require you to attend an education program on the dangers of alcohol and driving under the influence.
For a second offense within five years, the maximum fine goes up to $5,000, and your license could be suspended for up to three years. The minimum jail time for a second offense is 20 days but it could be up to 18 months.
A second offense in five years will almost certainly involve a mandatory alcohol education program. It also will likely result in having to install an ignition interlock device (IID) on your vehicle (which you must pay for). This is mandatory for between six months and three years.
A third offense in five years carries all the penalties of a second offense, except the charge becomes a felony. The fine could be $10,000 and your license will be suspended between two and five years.
The minimum jail time for a third offense in five years is 6 months, but the maximum penalty is five years in prison. Your license could be suspended indefinitely, although you can petition to have it reinstated after five years. Vehicle forfeiture is also a potential penalty.
There are stiffer penalties for multiple offenses that occur between five and 10 years. They will not be as harsh as those that happen within five years but will be greater than penalties for a first-time offense.
Extenuating Circumstances
The number of DUI offenses can influence DUI in Virginia, but so can the circumstances surrounding the case. For starters, if your BAC is over 0.15 percent (but not over 0.2 percent), the penalties increase.
The mandatory minimum jail time for a first-time offense where the driver’s BAC is over 0.15 is five days. If your BAC is over 0.2 percent, you will likely face maximum fines and jail time.
If you refused to take a breathalyzer test, there could be an administrative license suspension. The minimum is for seven days, but it is usually much longer.
Finally, if someone is injured or killed as a result of impaired driving, there will likely be significantly harsher penalties. In most cases, the criminal charges go from a misdemeanor to a felony, including “vehicular manslaughter,” which could mean many years in prison.
How DUI Criminal Defense Lawyer Services Can Make a Difference
Understanding the charges is not the only advantage of hiring a DUI criminal defense lawyer. There are many others to consider.
“Legal representation” may sound generic, but it encapsulates a lot of knowledge, time, and work. The legal process is complex, involving many pretrial motions, the “discovery” process, and presenting evidence at trial. Missteps can hurt your case, and could even mean the difference between a “guilty” or “innocent” verdict.
Keep in mind that many people assume criminal law is about “win or lose,” but, in most instances, the goal is getting the best possible outcome. Having a solid criminal defense strategy and negotiating a plea deal is at the forefront of this.
Every person charged with a crime in the United States has a right to be tried by a jury of their peers. However, taking a case to trial runs the risk of the maximum penalties, should you lose.
If the evidence against is particularly damning, you may be better off pleading to lesser charges or minimal penalties. A good attorney will be able to advise you on these DUI defense strategies, which will allow you to make more informed decisions about the risks involved.
Finally, a DUI defense attorney can assist you beyond the proceedings of the case. If you plead or are convicted, a lawyer can handle many of the administrative consequences of a DUI.
These include things like license suspensions or having IIDs installed on your vehicle. They can represent you in hearings and ensure that you are completing all that the court requires of you. This can help you complete them as quickly as possible so that you can move on with your life.
Find the Best DUI Defense Lawyer Near You
Whether it is a first-time offense or a much dier set of circumstances, hiring a DUI criminal defense lawyer is vital. A good attorney will expertly navigate complex legal proceedings and be able to advise you on the right decisions at every turn.
Kearney, Freeman, Fogarty, and Joshi, leverages decades of legal experience to fight for clients across Northern Virginia. We specialize in criminal defense, personal injury, and family law issues. Contact us today to schedule a free consultation to discuss your case.