What Are The DUI Penalties That I Can be at Risk of Receiving? First, let’s talk about what falls into the category of a DUI. Pursuant to VA Code §18.2-266, or §18.2-266.1 for those under twenty-one, a DUI is defined as a person who operates or drives any motor vehicle while under the influence of alcohol or any narcotics. This includes consumption or administration of any drug which would cause impairment in one’s ability to operate a motor vehicle. One of the key aspects of a DUI is the Blood Alcohol Content (BAC). The BAC level is the percentage of alcohol flowing through someone’s blood. In Virginia, a BAC of 0.08 is enough to be in violation of VA Code §18.2-266. However, the higher the BAC the greater the punishment or penalty will be. Virginia dui lawyer Having a BAC between 0.15 and 0.20 will result in a mandatory minimum sentence of five days while a BAC higher than 0.20 will result in a mandatory minimum sentence of ten days. Call our Virginia DUI Lawyer to evaluate your DUI case at 703-786-8340 Throughout the article I will mention two key phrases repeatedly. First, is “ASAP” or “VASAP” which stands for Alcohol Safety Action Program or Virginia Alcohol Safety Action Program. In Virginia, after a conviction under §18.2-266 it is a requirement that the person convicted attend ASAP prior to having an ignition interlock system installed into their vehicle(s). The second phrase is “restricted driving privilege” which refers to the court’s ability to grant a suspended license holder the ability to drive for limited purposes. If it is a second offense within five years you must wait a period of one year but if it is a second offense within ten years then you are eligible after a 4-month waiting period. You must wait three years after a third offense within 10 years to become eligible for a restricted driving privilege. You may not obtain a restricted license if you possess a CDL license to operate commercial vehicles. Whether you have had a Virginia DUI first offense or higher, prosecutors will make a recommendation for you to enroll in a VASAP program.
duilawyersva.com