DUI/DWI Defense

Let the Law Office of S.K. Johnson in Fairfax, Va Help You

What happens when you get convicted of DUI? Under §18.2-266 the first offense is a serious crime and it can get worse after. Many factors can increase the severity of punishment even for such a first offense. This includes the age of passengers, your Blood Alcohol Content, and many other factors. The list below shows some repercussions of a DUI conviction.

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First Offense:

  • Up to 12 months in jail and/or $2,500 fine
  • Administrative license suspension for 7 days
  • License revocation for 1 year
  • Increased insurance rates
  • Any court-ordered restitution - This would include damages as the result of any accident to person or
  • property.
  • Completion of an Alcohol Safety Action Program (A.S.A.P.)
  • Required installation of an Ignition interlock device (breathalyzer) in every vehicle you have access to.
  • A criminal conviction on a criminal record that is not eligible for future expungement under Virginia Law.

Second Offense:

  • Administrative license suspension for 60 days.
  • Minimum of $500 fine (up to $2,500).
  • Long-term license revocation.
  • Radically increased insurance rates
  • If within fewer than 5 years of the first offense, a mandatory 1 month to 1 year in jail.
  • If within 5 years to 10 years of the first offense, a mandatory minimum of 10 days in jail.
  • Any court-ordered restitution. - This would include damages as the result of any accident to a person or
  • property.
  • Installation of an ignition interlock device.
  • Completion of the Alcohol Safety Action Program (ASAP).

Third Offense:

  • A felony charge if within 10 years.
  • Administrative license suspension until your trail.
  • If within 5 years: Mandatory minimum of 6 months in jail.
  • If within 10 years: Mandatory minimum of 90 days in jail.
  • Indefinite revocation of driver's license.
  • Minimum $1,000 fine.
  • Any court-ordered restitution resulting from any property or personal damages.
  • Alcohol Safety Action Program (ASAP) required after conviction.
  • Mandatory installation of an ignition interlock device in any vehicle you drive.

Next Steps:

A DUI Lawyer or DWI Layer is an essential guide to handle this expensive and difficult process. At SK Johnson law we do all we can to represent your interest.

Va. Code 18.2-266

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4 methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth.

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