DUI Defense Attorney in Virginia
If you have been charged with a DUI, you need to seek experienced legal representation as soon as possible in order to protect your rights, your freedom, and your future.
Attorney Samantha Upton knows how stressful a DUI charge can be. She also understands the impact that a conviction can have on a person’s life ─ personally, professionally, and financially. Fortunately, an arrest doesn’t guarantee a conviction. Samantha will be ready to fight your DUI charge and pursue the best outcome possible in your case. For an honest and straightforward assessment of your case and your options, contact Upton Law, PLLC today and receive a free and confidential consultation.
When Can You Be Charged with DUI in Virginia?
In Virginia, you can be charged with driving under the influence (DUI) if:
- Your blood alcohol concentration (BAC) is 0.08 percent or higher, or
- You have detectable controlled substances in your system, including 0.02 milligrams of cocaine per liter of blood or 0.1 milligrams of methamphetamine per liter of blood.
You can also face a DUI charge if alcohol or drugs impair your ability to safely operate a motor vehicle.
Penalties for DUI Conviction
If you are convicted of DUI in Virginia, the potential sentence you face will depend on whether you have prior DUI convictions and whether you are under the legal drinking age of 21. Penalties for a DUI conviction in Virginia include:
- First DUI – Mandatory minimum fine of $250, requirement to complete ASAP, up to 12 months in jail, and one-year license revocation.
- Second DUI – Mandatory minimum fine of $500, the requirement to complete ASAP, a potential jail sentence of up to one year, and revocation of your driver’s license for three years. Mandatory 10-day jail sentence if it is a second DUI in a 10-year period, or a mandatory 20-day jail sentence if it is a second DUI conviction within five years.
- Third DUI – Felony Charge – Mandatory minimum fine of $1,000, the requirement to complete ASAP, indefinite revocation of driving privileges, and a potential one- to a five-year sentence of imprisonment. A third DUI conviction within 10 years includes a mandatory minimum 90-day jail term and forfeiture of the vehicle you were driving (if you are the sole owner). A third conviction within five years carries a mandatory minimum sentence of six months in jail.
- Underage DUI – Mandatory one-year suspension of driving privileges, a minimum fine of $500 or 50 hours of community service, and up to 12 months in jail.
If you have a blood alcohol concentration of 0.15 to 0.20 percent at the time of your arrest, you may also face a five- to 10-day mandatory jail term. A BAC of above 0.20 percent may carry a 10- to 20-day mandatory jail term.Contact Samantha