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

First Offenses vs. Repeat Offenses

In Virginia, whether or not you are sentenced to jail on a first offense usually depends on whether you have an elevated blood alcohol content (BAC) or there are aggravating factors, such as a car accident with injuries.

Virginia law imposes 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 - .20, you will face a mandatory minimum five days in jail. The mandatory sentence raises to 10 days with a BAC of .21 or higher.

As you might expect, Courts often treat repeat DUI offenders harshly. While a second DUI conviction is usually charged as a misdemeanor, mandatory fines and jail sentences increase and depend on how recent your last conviction occurred. A third offense DUI is typically charged as a felony.

Additionally, all DUI convictions carry driver’s license revocations; the term of that revocation is 12 months for a first offense and increases for subsequent offenses.  

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.

Additionally, if you cause another person serious bodily injury while driving intoxicated, you can be charged with DUI-Maiming. Killing another while driving drunk can result in a manslaughter charge, which is punishable by up to 10 years in prison.

 

Consult an Experienced Loudoun County, 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 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 703-576-5005 for a consultation.

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