Things You Must Know About a First Time DUI in Virginia

The state of Virginia takes DUI charges very seriously, imposing harsh penalties even for first timers. If you are facing DUI charges in this state, there are some crucial things to know as you fight the charges against you.

How Does Virginia Define DUI?

It can be slightly complicated to understand DUI in the way that Virginia defines it. These charges have two definitions with the first being intoxicated “per se,” meaning that you legally meet the requirements based on tests administered for blood, urine, or breath that take you over the legal limit.

However, not being over the legal limit “per se” doesn’t mean you’re home free. You can be considered “actually” intoxicated, defined by being impaired to safely drive by whatever you have consumed.

For DUI, you are over the legal threshold for the state if your blood alcohol concentration (BAC) is 0.08 or more. Yet you can still face charges and even go on to be convicted even if your BAC is lower than this amount. If the prosecution can prove that your ability to drive safely was impaired either through police or witness testimony, field sobriety tests, or other indicators, you could still be hauled in for a first-time DUI. 

Potential Penalties for Your First DUI in Virginia

As mentioned, Virginia doesn’t mess around with DUI charges. Your first offense is considered a Class 1 misdemeanor. This conviction carries up to 1 year in jail and a fine up to $2,500. At minimum, the fine will mandatorily be set at $250, and you may either serve jail time or pay a fine, or even have to do both.

Things can get far more complicated if you are convicted of a first DUI offense and your blood alcohol level is 0.15 to 0.20. Being this much over the limit, the law requires that the presiding judge sentence you to a minimum of 5 days in jail. If they claim you had a BAC level over 0.20, the judge is required to send you to jail for a minimum of 10 days.

Additionally, regardless of your BAC, if you are convicted of a DUI in this state, you must attend a Virginia Alcohol Safety Action Program (VASAP). This usually requires a minimum of 10 weeks of classes, each one of them two hours per session. If you have any prior record particularly with a history of substance abuse, your conviction may also stipulate that you attend therapy and AA meetings.

Furthermore, your first-time DUI conviction in Virginia as a Class 1 misdemeanor will be on your criminal record permanently. However, it will only remain on your driving record for 11 years. That may seem like a long time, though keep in mind that in Florida for example, a DUI conviction stays on someone’s record for 75 years.

Another penalty you’ll face with a first-time DUI conviction is having your license suspended. A lawyer may be able to help you get a restricted driver’s license which will grant you legal permission to drive yourself to work, court-mandated programs, doctor’s appointments, religious services, or any other mandatory destination.

You’ll also face having an ignition interlock system installed on your vehicle which you must keep in place for 6 months. This system makes it impossible to turn on your vehicle without first providing a breathalyzer test. If the device detects no sign of alcohol, it will permit your vehicle to start.

First Time DUI Convictions May Result in Jail Time

Since Virginia’s laws are quite tough on DUI, it stands to reason that jail time may be a factor. It’s generally an unlikely consequence for someone that was between 0.08 and 0.15 BAC, though there are certain circumstances in which a judge will give you a jail sentence.

The severity of the offense, your BAC at the time of your arrest, and any aggravating circumstances such as causing an accident with bodily injury while driving under the influence are all factors that will come into play for this determination.

For example, if you had a significant blood alcohol content, it is entirely possible for you to receive jail time for your first DUI. Likewise though, it is just as possible for the judge to recommend alternative penalties like community service, treatment programs, or probations rather than have you locked up.

Regardless of the outcome, you may feel great relief if you do not receive jail time when convicted of your first DUI. You’ll still lose your license and you’ll be stuck paying hefty fines while attending alcohol education programs. Even one DUI on your record can impact your ability to find a good job, place to rent, and impact other areas of your life.

Despite this, you may be able to get these charges dismissed if you follow everything required. Upon satisfaction of these conditions, you may be granted this blessing though these things are decided on a case-by-case basis, and there are no guarantees that you will have the same outcome.

What’s the Best Way to Handle a First Time DUI in Virginia?

When charges for a first time DUI are looming in front of your future, the first thing to do is to contact a Virginia DUI attorney to discuss your case in confidence. Under the Constitution, you have a right to an attorney and have one appointed for you. However, public defenders are bogged down too heavily with massive caseloads and usually are unable to devote as much effort as needed to fight first time DUI charges.

To have the best possible outcome, you should hire a defense attorney that has extensive experience in representing clients with DUI charges. With their help, they can build a defense strategy. In collecting evidence to defend you, certain things may come to light which cast doubt upon the prosecution’s claims. If that occurs, your attorney may just be able to get these charges dropped, or they could recommend that you accept a plea to a lesser charge. Ultimately, with an attorney, you’ll have the best possible way to fight the charges and move forward.