DWI (Driving While Intoxicated) / DUI (Driving Under the Influence)

DWI laws in Virginia make it unlawful for any person to operate a motor vehicle while intoxicated with alcohol or drugs. Virginia DWI laws are divided into various subsections, under which you can face charges depending on the circumstances of your case. For example, you can be charged with DWI for driving with a BAC of 0.08% or more, for driving while under the influence of drugs, or for driving while intoxicated with a combination of alcohol and drugs. The law and the justice system are complex and difficult to understand or navigate alone. However, a skilled criminal lawyer can help.

If you face a DWI-related charge in Fairfax or Northern Virginia, we could help you understand your charges and options and navigate the legal processes at Virginia Criminal Attorney. We can also defend your rights and offer you the support you need at the most challenging time of your life.

An Overview of Virginia DWI Laws

In Virginia, you can face DWI charges for committing various violations, including the following:

For operating a vehicle with a blood-alcohol concentration level of 0.08% or higher
Operating a vehicle while under the influence of alcohol
For operating a vehicle while being under the influence of narcotics, drugs, any self-administered intoxicant, or a combination of drugs that impairs their ability to drive
For operating a vehicle while under the influence of a combination of alcohol and drugs

Since penalties for these violations differ, the prosecutor has to consider the details of our charges and your criminal record to determine a proper charge to file against you. Also, your penalties will depend on whether the underlying charge is your first, second, third, or subsequent within ten years. Usually, you will likely face more severe penalties if you have prior DWI-related convictions on your record.

Hiring a skilled attorney is recommended to understand your charges and influence the case’s outcome. An attorney who has experience handling similar cases will stand a better chance at negotiating for a more favorable outcome for your case. They can also guide you better through the complex legal processes.

DWI charges also apply to underage rivers (below 21) and drivers bearing a commercial driver’s license. The standard DWI requirements for these drivers are more stringent than those for ordinary drivers. For example, underage drivers must not operate a vehicle with any trace of alcohol or drugs in their system. Commercial drivers, including those who operate vehicles for hire like taxis and Uber, must not drive with a BAC of 0.04% or higher. A violation of these statutes could result in a revocation or suspension of your driver’s license. You could also be sent to jail or probation and be required to complete a rehabilitation or counseling program.

Generally, a DWI charge is a misdemeanor in Virginia. However, aggravating factors can compel the prosecutor to file felony charges, with harsher penalties against you. For example, if you have three prior DWI-related convictions in your record within ten years, the fourth charge will likely be a felony. Additionally, driving while intoxicated with a minor below 17 in a vehicle is a felony offense. If you cause an accident while driving while intoxicated and a person suffers severe injuries or death, your charges and penalties will be harsh.

Understanding various factors and how they affect your case is critical to preparing for a defense. A skilled attorney can help you do this.4

First Offense DWI – § 18.2-270

If this is your first time facing charges for driving while intoxicated, the prosecutor will charge you with a first offense DWI. Although this is a lenient charge, it carries penalties that could affect various aspects of your life. A first-offense DWI is a Class 1 misdemeanor, punishable by a year in jail and a fine of up to $2,500. You must pay a minimum of $250 in mandatory court fines. Your penalties could increase if the court discovers that your BAC level was higher than standard.

For example, if your BAC was between 0.15% and 0.20%, you must serve at least five days in jail after a conviction. If the blood-alcohol concentration is higher than that, the minimum time you must serve a jail sentence is ten days. Your penalties will also increase if you cause an accident while driving under the influence and someone else is injured

In addition to the jail sentence and court fines, you will likely face the following sentences if convicted of a first-offense DWI:

Driver’s License Suspension

Since driving is a privilege in Virginia, you could lose your privilege if convicted of a DWI-related offense. Typically, the DMV will likely suspend your license for one year after your first conviction for a DWI. The DMV could extend the suspension period if your BAC exceeded the standard. You could also face a longer suspension if you caused an accident that injured one or more people or refused to submit to BAC testing after an arrest. However, you can fight this suspension with the assistance of your attorney.

If you defend your license successfully, the DMV can allow you to use a restricted license. You can only drive to and from specific places, like work, school, and the grocery store. The judge could also order you to install an ignition interlock device system into all the vehicles you drive at your cost. The devices will prevent you from driving while intoxicated by requiring you to submit a sample of your breath every time you start the vehicle and during your driving.

Alcohol or Drug Treatment

The judge could require you to enroll in and complete a drug or alcohol treatment program for a particular period, depending on the severity of your drug or alcohol problem. Your involvement also includes paying for all the fees required.

Notifying Insurance

You must notify your auto insurance provider about the conviction by filing FR-44 with the DMV. Failure to file this document could affect your driving privileges.

Second Offense DWI- § 18.2-270

A second offense DWI occurs when you have a prior DWI conviction within ten years. Although it is still a misdemeanor offense, it carries more severe penalties than a first offense DWI. For example, a second conviction for DWI within ten years will likely result in increased auto insurance. Your criminal record will also be more damaging, affecting your ability to find suitable employment, loans, and housing. People who run background checks on others before considering them for a service or privilege will reconsider their decision once they learn about your DWI convictions. This includes potential employers, landlords, insurance providers, and loan lenders.

A second-offense DWI is also a Class 1 misdemeanor, punishable by a maximum of one year in jail, misdemeanor probation, or $2,500 in court fines. Although the judge can sentence you to probation instead of jail time, they could require you to serve a minimum sentence for the second conviction within ten years. The length of your mandatory jail sentence will depend on how far apart the first and second DWI convictions occurred. If the second conviction occurs barely five years after the first, you must serve at least 20 days of your sentence in jail and pay a mandatory court fine of $5000.

However, if the gap between the two convictions is longer (from five to ten years), you will face a jail sentence of ten days and a mandatory fine of $500. If your BAC exceeds the standard (between 0.15% and 0.20%), the judge will add 20 more days to your mandatory jail sentence.

A second offense DWI will also result in a lost driving privilege. The DMV will suspend your driver’s license immediately after your DWI arrest. The suspension period could be up to three years. You must apply for a license reinstatement for the DMV to reinstate your privilege. The DMV will require you to pass the necessary driving tests and pay the required fees before reinstating your license.

If you cannot wait until three years are over to start driving again, you can apply for a restricted license. The judge could require you to install an IID system to ensure you will not drive while intoxicated. Remember that the restricted license only allows you to drive to crucial places like work and school.

Additionally, you must enroll in and complete a drug or alcohol treatment program in a court-approved facility. You will incur all the charges involved.

Additional criminal charges apply if you do not serve your sentence or abide by all the conditions the judge sets during sentencing. This will worsen your legal situation and your criminal record. However, working with a skilled attorney helps to fight for a reduced sentence. Your attorney will also ensure you meet all the court requirements for a smoother process.

Third Offense DWI – § 18.2-270

A third offense DWI occurs within ten years of the first. Although it is also a misdemeanor, its penalties are more stringent than what you receive after a first or second DWI conviction. A third DUI conviction will likely result in a mandatory jail sentence and court fine since it is a Class 6 felony. A conviction is punishable by a jail sentence of between one and six years and a fine of $2,500. The judge has the discretion to determine the most suitable sentence for you, depending on the facts of your case. They can also sentence you to probation instead of jail if you qualify.

However, a third DWI requires a 90-day mandatory jail sentence and a mandatory fine of $1000. The exact mandatory sentence you face will depend on how soon you committed the third DWI after the first and second. If all your DWI convictions are within five years, you will receive a mandatory six-month jail sentence and a fine of $1000. You will face a compulsory one-year jail sentence if you have four or more DWI convictions within ten years. The judge does not consider your BAC level to determine the severity of your crime since having two or more prior convictions within five years is aggravating enough.

A third DWI will also result in a lost driving privilege. The DMV will likely revoke your license, meaning you cannot drive again for the rest of your life. You cannot install an IID system in your vehicles or apply for a restricted license. You could also lose your vehicle to confiscation by the government if you commit a third DWI within ten years. This affects any vehicle registered under your name or any vehicle you solely use.

Felony DWI – § 18.2-270

A felony DWI in Virginia occurs if you have two or more prior DWI convictions within ten years in your record. Felony DWIs carry more severe penalties than first and second DWIs. You can also face a felony DWI if you cause a fatal accident while driving under the influence of alcohol or drugs. The prosecutor can charge the latter as aggravated DWI or involuntary manslaughter, depending on the details of your case.

Remember that a third DWI is a Class 6 felony, punishable by five years in jail and $2500 in court fines. If you cause a fatal accident while driving while intoxicated, and this is your third DWI within ten years, the prosecutor can file an involuntary manslaughter charge; this is a Class 5 felony, punishable by up to ten years in jail. You could also face a court fine of $2500. The prosecutor can also file an aggravated manslaughter charge against you, which is punishable by up to twenty years in jail. The aggravated manslaughter charge occurs if there is proof that you demonstrated reckless disregard for life through your actions.

A felony DWI conviction will result in vehicle forfeiture by the government. The government can confiscate your vehicle if you are the sole operator or owner. You will also lose your driving privilege for good.

Refusal of Tests – § 18.2-268.3

This statute makes it an offense for anyone arrested for a DWI-related offense to refuse to submit to a breath or chemical test that will determine the alcohol content in their blood. Remember that DWI statutes set a standard BAC for ordinary drivers at 0.08% and 0.04% for commercial drivers. You will face DWI charges for driving with a BAC of 0.08% or higher. The police and prosecutors need this test to determine your BAC level after your arrest. In addition to DWI charges, you will face an additional charge under this statute for failing to submit to the required test.

If you violate this statute for the first time, the court can suspend your driver’s license for one year. Remember that this suspension will be in addition to the suspension you receive for the underlying DWI charge. If you have a prior conviction for failing to submit to a BAC test, you could lose your driving privilege for up to three years.

Fighting Your DWI Charges

DWI charges in Virginia are severe. The penalties, which include a lengthy jail sentence, a hefty court fine, and lost driving privilege, are all life-changing. A DWI conviction also leaves you with a damaged criminal record that will affect all aspects of your life, including your professional and social lives. A severe criminal record will affect your abi