Virginia DUI Penalties Lawyer
DWI Defense Attorney in Fairfax
Severe Penalties for DUI With Elevated BAC
In 2004, Virginia's already harsh penalties for DUI became even more severe with over two dozen changes or additions to DWI law. In fact, the penalties for any DUI offense with an elevated blood alcohol concentration (BAC) were amended to include mandatory jail time and ignition interlock.
The sentences noted below are mandatory minimums for elevated BAC, which are imposed in addition to the penalties for a DUI.
First Offense DUI With Elevated BAC
- BAC .15-.20: A 5-day mandatory minimum jail sentence, minimum $250 fine
- BAC above .20: A 10-day mandatory minimum jail sentence, minimum $250 fine
Second Offense DUI Within 10 Years
These penalties apply even if your prior DUI did not involve an elevated BAC:
- BAC .15-.20: A 10-day mandatory minimum jail sentence, minimum $500 fine
- BAC over .20: A 20-day mandatory minimum jail sentence, minimum $500 fine
These minimum periods of incarceration must be spent entirely in jail. The judge cannot suspend the sentence, and judges are not allowing you to serve it on work release or on in-home monitoring.
Serious Charges Demand Exceptional Representation
When the charges are this serious, it is imperative to be represented by a DUI lawyer who has a record of success in difficult cases. The criminal defense attorneys of MacDowell & Associates in Fairfax, Virginia, understand how to challenge an elevated BAC charge and win.
We work to try and exclude the breath or blood test results so that they cannot be used against you at trial. If the test results cannot be excluded, we will attack their reliability. In some cases, we may even be able to negotiate with prosecutors to lower the Breathalyzer or Intoxilyzer results as part of a plea bargain.
Our law firm has been successful with all of these strategies. To learn how we can assist you, please contact us by e-mail or call 703-763-0923 for a free consultation.
