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A charge of DUI or DWI can result in serious ramifications to not only your driving privileges, but also your insurance premiums. Depending on your driving history, a conviction for a DUI or DWI can mean also fines, active jail time, a suspension in your privilege to drive in Virginia, among other issues. You need a skilled lawyer on your side to fight to get your charges reduced or dismissed altogether.
At Noorishad Law, P.C., our primary goal is to win your case, not simply plea bargain when potential arguments exist that could dismiss the charges against you. While results will vary depending on the facts of your particular case, it is important to find a DUI/DWI defense attorney who will aggressively fight for your interests. If you have been charged with DUI or DWI, it would be wise to contact us.
Based on your driving history and the severity of your charge, you can face severe penalties upon conviction. The penalties for a first DUI/DWI, and subsequent offenses, are as follows:
At Noorishad Law, P.C., our primary goal is to win your case, not simply plea bargain when potential arguments exist that could dismiss the charges against you. While results will vary depending on the facts of your particular case, it is important to find a DUI/DWI defense attorney who will aggressively fight for your interests. If you have been charged with DUI or DWI, it would be wise to contact us.
Based on your driving history and the severity of your charge, you can face severe penalties upon conviction. The penalties for a first DUI/DWI, and subsequent offenses, are as follows:
Penalties for a DWI/DUI conviction in Virginia
|
Blood Alcohol Level (BAC) = .08 - .14
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Blood Alcohol Level (BAC) = .15 - .20
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Blood Alcohol Level (BAC) = .21 or more
|
DUI First Offense |
Class 1 Misdemeanor
Up to 12 months in jail & $2,500 fine; $250 Minimum Fine; No Mandatory Minimum Jail |
Class 1 Misdemeanor
Up to 12 months in jail & $2,500 fine; $250 Minimum Fine; 5 day Mandatory Minimum Jail |
Class 1 Misdemeanor
Up to 12 months in jail & $2,500 fine; $250 Minimum Fine; 10 day Mandatory Minimum Jail |
DUI Second Offense within 5 years |
Class 1 Misdemeanor
Up to 12 months in jail and/or $2,500 fine; $500 Minimum Fine; 20 day Mandatory Minimum Jail |
Class 1 Misdemeanor
Up to 12 months in jail & $2,500 fine; $500 Minimum Fine; 30 day Mandatory Minimum Jail |
Class 1 Misdemeanor
Up to 12 months in jail & $2,500 fine; $500 Minimum Fine; 40 day Mandatory Minimum Jail |
DUI Second Offense within 10 years |
Class 1 Misdemeanor
Up to 12 months in jail & $2,500 fine; $500 Minimum Fine; 10 day Mandatory Minimum Jail |
Class 1 Misdemeanor
Up to 12 months in jail & $2,500 fine; $500 Minimum Fine; 20 day Mandatory Minimum Jail |
Class 1 Misdemeanor
Up to 12 months in jail & $2,500 fine; $500 Minimum Fine; 30 day Mandatory Minimum Jail |
DUI Third Offense within 5 years |
Class 6 Felony
Up to 5 years in jail & $2,500 fine; $1,000 Minimum Fine; 180 days Mandatory Minimum Jail |
Class 6 Felony
Up to 5 years in jail & $2,500 fine; $1,000 Minimum Fine; 190 days Mandatory Minimum Jail |
Class 6 Felony
Up to 5 years in jail & $2,500 fine; $1,000 Minimum Fine; 200 days Mandatory Minimum Jail |
DUI Third Offense within 10 years |
Class 6 Felony
Up to 5 years in jail & $2,500 fine; $1,000 Minimum Fine; 90 days Mandatory Minimum Jail |
Class 6 Felony
Up to 5 years in jail & $2,500 fine; $1,000 Minimum Fine; 100 days Mandatory Minimum Jail |
Class 6 Felony
Up to 5 years in jail & $2,500 fine; $1,000 Minimum Fine; 110 days Mandatory Minimum Jail |
DUI Fourth Offense within 10 years |
Class 6 Felony
Up to 5 years in jail & $2,500 fine; $1,000 Minimum Fine; 1 year Mandatory Minimum Jail |
Class 6 Felony
Up to 5 years in jail & $2,500 fine; $1,000 Minimum Fine; 1 year Mandatory Minimum Jail |
Class 6 Felony
Up to 5 years in jail & $2,500 fine; $1,000 Minimum Fine; 1 year Mandatory Minimum Jail |
What if I Refused to take the Breath Test?
Typically, a DUI/DWI requires that you take a breath test after you are arrested. If you refuse to take the breath test, you generally do not need to be concerned with the enhanced penalties associated with elevated blood alcohol content (BAC). If you are found guilty of the underlying DUI/DWI offense, you will typically be in the 0.08 to 0.14 range for penalties. In addition, you may be found guilty of "refusal to take a breathalyzer" which will subject you to a minimum of a 12 month loss of your privilege to drive. However, there are several elements the Commonwealth must prove before a judge or jury can find you guilty of refusing to take the breathalyzer which you should discuss with your attorney prior to going to court.
What can Noorishad Law, P.C. do for me?
We will fight to limit your exposure to these above-referenced penalties. You can count on our firm to not simply enter into a plea deal with the prosecutor when there are viable defenses to your case which can result in an acquittal and the dismissal of your charges. We will challenge the factual and legal issues related to your case by demanding that the arresting officer answer the following questions:
Trust our firm to aggressively fight to protect your freedom and your driving privileges. Whether we are attempting to reduce your charges or get your charges dismissed altogether, you can count on a vigorous and tenacious defense. If you have been charged with a DUI or DWI in Virginia, we encourage you to schedule a free consultation with a lawyer at our northern Virginia office by contacting us by phone at 703-542-4500 or online.
Typically, a DUI/DWI requires that you take a breath test after you are arrested. If you refuse to take the breath test, you generally do not need to be concerned with the enhanced penalties associated with elevated blood alcohol content (BAC). If you are found guilty of the underlying DUI/DWI offense, you will typically be in the 0.08 to 0.14 range for penalties. In addition, you may be found guilty of "refusal to take a breathalyzer" which will subject you to a minimum of a 12 month loss of your privilege to drive. However, there are several elements the Commonwealth must prove before a judge or jury can find you guilty of refusing to take the breathalyzer which you should discuss with your attorney prior to going to court.
What can Noorishad Law, P.C. do for me?
We will fight to limit your exposure to these above-referenced penalties. You can count on our firm to not simply enter into a plea deal with the prosecutor when there are viable defenses to your case which can result in an acquittal and the dismissal of your charges. We will challenge the factual and legal issues related to your case by demanding that the arresting officer answer the following questions:
- Why were you stopped and was there a valid reason for the stop?
- Was there "reasonable, articulable suspicion of criminal activity" for the initial stop?
- Did you perform field sobriety tests, and if so, did the officer correctly administer a field sobriety tests?
- Did the field sobriety test results clearly indicate intoxication?
- Did you have any medical issues that would have given a false clue for any of the field sobriety tests?
- Was there sufficient "probable cause" for the officer to arrest you?
- Was the breath test machine cleaned and properly stored between uses?
- Was the officer properly trained on the breath test machine's usage?
- Were the breath test results contaminated by any outside factors?
- Was the breath test machine properly calibrated before its use?
Trust our firm to aggressively fight to protect your freedom and your driving privileges. Whether we are attempting to reduce your charges or get your charges dismissed altogether, you can count on a vigorous and tenacious defense. If you have been charged with a DUI or DWI in Virginia, we encourage you to schedule a free consultation with a lawyer at our northern Virginia office by contacting us by phone at 703-542-4500 or online.