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Will I Go to Jail for Drunk Driving in Virginia?

Posted on January 16, 2025 in Criminal Defense

Woodbridge, VA DUI defense lawyer A drunk driving offense is many people’s first brush with law enforcement. If you have maintained a clean record up until a DUI arrest, you might be terrified at the thought of a prison sentence after a conviction. Whether or not you will go to jail for DUI is highly dependent on the circumstances of your arrest.

If you have been charged with DUI in Virginia, the smartest thing you can do is to get in contact with a Loudoun County criminal defense attorney who can try to work out a strategy to have your charges reduced or dropped in court. At Whitlock Law, LLC, our lawyers are ready to safeguard your freedom with personalized representation and counsel.

First Offenses vs. Repeat Offenses

In Virginia, the courts are more likely to show lenience to a first-time DUI offender, provided there are no aggravating factors. Although DUI is a Class 1 misdemeanor punishable by up to twelve months in jail, it is rare a judge will actually sentence you to incarceration on a first conviction.

However, there are mandatory minimums imposed if your blood alcohol content (BAC) was above a certain level at the time of your arrest. At a BAC of .15 percent or higher, you will face a mandatory minimum five days in jail, or 10 days with a BAC of .20 percent or more.

As you might expect, repeat DUI offenders will not be treated so leniently. If you are convicted of DUI twice within five years, you face a mandatory minimum of 20 days in jail, up to a year at most. For a third offense within 10 years, the charges escalate to a Class 6 felony. On a conviction of a third DUI, you could be imprisoned for up to five years, with a mandatory minimum sentence of six months.

Injuries/Deaths

If you injure or kill another person while driving under the influence, jail time is a very real possibility even for a first offense. Under state law, you can be charged with a Class 6 felony for causing another person to suffer serious bodily injury as a result of your drunk driving.

In this case, "serious bodily injury" means putting somebody at risk of death, causing agonizing pain, or leaving him or her with a disabling or disfiguring injury. A DUI resulting in death will likely be charged as involuntary manslaughter under Virginia law. This is a Class 5 felony, which carries anywhere from one to 10 years in prison.

Other Aggravating Factors

Your case may be prosecuted more aggressively if you had a minor under 17 years of age in the vehicle while you were driving drunk, which carries a mandatory five-day minimum in jail. Moreover, if a judge finds you guilty of reckless driving in addition to DUI, you run a higher risk of incarceration.

Meet With a Woodbridge, VA DUI Defense Attorney

Avoiding jail time for DUI is possible in some cases, but it requires a careful defense for your individual circumstances, especially if there are aggravating factors. A Loudoun County, VA criminal defense lawyer at Whitlock Law, LLC can meet with you privately to discuss your options in a DUI case, analyzing the procedures of law enforcement and other evidence that may serve your case. Call us at 301-565-1655 for a consultation.

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Cases Tried In:

Free Consultations | Maryland 301-565-1655 | Virginia 703-576-5005

Will I Go to Jail for Drunk Driving in Virginia?

First Offenses vs. Repeat Offenses

Injuries/Deaths

Other Aggravating Factors

Meet With a Woodbridge, VA DUI Defense Attorney

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