According to the Virginia Department of Motor Vehicles (DMV), in 2023 alone, 6,979 alcohol-related vehicle crashes occurred in the Commonwealth. The incidents resulted in 293 fatalities, 4,400 injuries, and 14,246 convictions for driving under the influence (DUI).

If you or a loved one is now facing a DUI lawsuit or charge yourself, you must prepare as much as possible because the Commonwealth of Virginia enforces severe drunk driving penalties. From hefty fines to license suspension and imprisonment, these are just some potential consequences of getting convicted for DUI charges.

In this guide that our law firm in Fairfax County, Kearney, Freeman, Fogarty & Joshi, PLLC, put together, we’ll discuss what you must know about navigating DUI cases in Virginia. Keep reading to learn about the consequences and your potential DUI legal defense strategies.

How a DUI Lawsuit Arises in Virginia

In Virginia, the official term for driver under the influence is “driving while intoxicated” (DWI). However, many people still refer to alcohol-related crashes and legal cases as DUIs.

Either way, a DUI lawsuit can arise from instances outlined and defined in the Code of Virginia Title 18.2 Chapter 7 Article 2. Under this law, it’s illegal for people to operate a motor vehicle if they meet the following:

  • Having a blood alcohol concentration (BAC) of 0.08% or above
  • Having a BAC of 0.08 grams or higher per 210 liters of breath
  • Being under the influence of a narcotic drug or self-administered intoxicant to a degree that impairs their ability to drive safely
  • Being under the combined influence of alcohol and drugs

Virginia Code § 18.2-266.1 further specifies DWI laws for drivers under 21. It’s illegal for these young motorists to drive if they’ve consumed alcohol and have a BAC of 0.02%. Such a BAC level isn’t difficult to reach, considering that, per Healthline.com, all it takes for women and men to get a BAC of 0.02% or higher is one standard alcoholic drink.

Consequences of Losing a DUI Lawsuit in Virginia

DUI convictions in Virginia can start as a class 1 misdemeanor and progress to a class 6 felony, per Virginia Code § 18.2-270. The severity depends on the number of times a person gets convicted for a DUI within a specified period.

First DUI Offense

A first DUI conviction classifies as a class 1 misdemeanor. As Virginia’s Office of the Attorney General explains, class 1 misdemeanors can result in jail confinement of 12 months or less and a possible fine of $2,500 or less (Code of Virginia § 18.2-11).

A first DUI offense also imposes the following:

  • $250 mandatory minimum fine
  • Mandatory additional 5 days in jail for a BAC of 0.15 grams to under 0.20 grams
  • Mandatory additional 10 days in jail for a BAC of 0.20 grams or more
  • License suspension
  • Mandatory use of ignition interlock

Second Dui in Under 5 Years

A second DUI conviction in under 5 years from the first still classifies as a class 1 misdemeanor. It carries the following consequences:

  • $500 minimum fine
  • Up to $2,500 maximum fine
  • Minimum mandatory jail sentence of 20 days
  • Maximum jail sentence of up to 1 year
  • License suspension
  • Mandatory use of ignition interlock

Second DUI Within 5 to 10 Years

The consequences of getting this conviction include:

  • $500 mandatory minimum fine
  • Minimum mandatory jail sentence of 10 days
  • Maximum jail sentence of over one month
  • License suspension
  • Mandatory use of ignition interlock

Third DUI Within 10 Years

Three DUI convictions within 10 years constitute a Class 6 felony in Virginia. Some of the consequences it carries are:

  • Mandatory minimum sentence of 90 days (6 months if all offenses occurred within 5 years)
  • Mandatory minimum fine of $1,000
  • Mandatory use of ignition interlock
  • License suspension
  • Vehicle forfeiture

Fourth DUI Within 10 Years

The punishment for a fourth DUI within 10 years is nearly the same as a third DUI conviction. However, the minimum jail imprisonment term lengthens to one year.

Hiring a DUI Lawyer: The Best Way to Prepare for a DUI Lawsuit

In addition to the penalties discussed above, getting convicted of a DUI in Virginia can lead to lifelong consequences due to having a permanent criminal record. It can impede your ability to get employed, obtain housing, and acquire loans, among many others.

For those reasons, it’s imperative to navigate alcohol-related car incidents with the services and assistance of the right lawyer. Here are some of the ways a DUI attorney can help.

Identifying Legal Defenses

Considering the complexities of DUI laws in Virginia, an in-depth understanding of them is crucial to building a solid defense for the charges you or your loved one may face. An attorney with extensive experience handling DUI cases understands the laws governing your case. They’ll use their knowledge to establish legal defenses to protect your rights and freedom.

Your attorney may use the following as your defenses:

  • Lack of probable cause to arrest you
  • Failure of the law enforcement officer who arrested you to give you your Miranda rights
  • Improper enforcement of the breathalyzer test or field sobriety tests

So, even if you are guilty, it’s still possible to get your charges dismissed or reduced with the help of an expert Virginia DUI lawyer.

Retaining and Hiring Expert Witnesses

Depending on your case’s defenses, your DUI attorney may hire expert witnesses. For example, suppose your lawyer has reason to challenge the breathalyzer test results. If so, they may enlist an expert who can explain that an error occurred during the process, leading to inaccurate test results.

Representing You During Trial

Your lawyer may decide to take your case to trial, depending on your case’s circumstances. In this scenario, they’ll represent you, challenge your lawsuit, and present evidence and witnesses supporting your case and defenses.

Let Experienced Fairfax Attorneys Handle Your DUI Case

A DUI lawsuit has drastic, long-term consequences that can affect your life not just now but well into your older adult years. For this reason, you need to prepare everything you’ve got and more, which an experienced DUI law firm can help you with.

Our law firm in Fairfax County, VA, Kearney, Freeman, Fogarty & Joshi, PLLC, has served Northern Virginia for over three decades, including clients who’ve faced potential severe consequences of DUI charges. We’ll use our knowledge, skills, and expertise in and out of court to protect your rights and get you the best possible outcome for your case.

Don’t wait until it’s too late. Speak with our team today for your free initial consultation.