Winchester DUI Defense Lawyers
Our Efficient DWI Defense Attorneys Are on Your Side
We always hear people getting arrested for DUI (Driving Under the Influence of a controlled substance) or DWI (Driving While Intoxicated). While this may seem like a fairly common happening, DUI is a serious criminal offense. Even if it is your first offense, you could be sentenced to severe consequences, which is why it is crucial that you contact an understanding and knowledgeable attorney to hear you out, take your side, and defend you during your legal prosecution. Call us today to find out how our licensing lawyers in Winchester can help!
At Amable Law, our qualified Winchester DUI defense attorneys take the time to listen to our clients, strive to maintain honest, open communication, and then work tirelessly to provide a fast turnaround with positive results.
Amable Law is a bilingual law firm, serving clients in both Spanish and English. Call us at (540) 739-2001.
Is a DUI a Misdemeanor or Felony Charge?
Determining whether you will be charged with a misdemeanor or felony depends on the circumstances of your case. Typically, in the state of Virginia, the first two DUI offenses within 10 years are charged as misdemeanors, while the third offense (and so forth) within 10 years is charged as a felony.
Potential Consequences of a DUI in Virginia
The severity of DUI sentencing in Virginia is tied to certain factors such as the number of offenses, how high the BAC level is, and whether there were minors present. Virginia statutes allow for sentence enhancements for these kinds of aggravating circumstances.
However, in a typical, first-time offense, the defendant who is convicted of a first-time DUI can be sentenced to a maximum of one year of jail time, a 12-month license suspension, and a minimum fine of $250.
Some other costs may include:
- Miscellaneous legal fees
- Increased auto insurance costs
- Court-ordered educational programs
- Wage loss due to jail time
Additionally, a single DUI conviction can severely impact certain career eligibility, such as commercial or bus driver occupations.
In a second-offense for a DUI within 10 years (which is still considered a misdemeanor), the defendant will most likely spend a minimum of 10 days to 12 months in jail, pay a $500 fee and a $50 fee to the Trauma Center, and have a suspended license for three years.
A third offense is a felony, with a sentencing of possibly 90 days in jail, a $1000 fee, plus a $50 payment, and an indefinitely suspended license. Again, this pattern of sentence-increase continues with each repeat offense.
Blood Alcohol Concentration (BAC)
It is important to understand the legal limitations under Virginia law when it comes to blood alcohol concentration as this is the most common way that the police can determine if you are too impaired to drive.
- 0.08% - if you are 21 years or older
- 0.04% - for commercial drivers
- 0.02% - if you are under 21
It is also important to note that if you are under 21 and are convicted of DUI that you will also face “zero tolerance” penalties. Additionally, anyone convicted of a DUI will be required to install an ignition interlock device (IID) in their vehicle. This requires that you breathe into the IID without any trace of alcohol before starting the vehicle to drive.
Why Should You Hire a Winchester DWI Lawyer?
- They will have your best interest in mind - winning your case
- They will provide you with emotional and mental support through the trial
- They will be able to implement tried-and-true strategies to help win your case
- They will do all that is in their power to win
- They will do the work for you in and out of court
How Long Does a DUI Stay on Your Record in VA?
A dui in Virginia will stay on your DMV record for 11 years, but they will permanently stay on your criminal record. A DMV conviction will also add six points to your license, which could result in additional driving restrictions, based on other driving infractions or offenses.
How Will a DUI Affect My Car Insurance in Virginia?
A DUI in Virginia will affect your car insurance because you will now be required to have a FR-44, with it's own minimum coverage liabilities. The minimum liabilities include:
- Bodily Injury: $50,000 per person/$100,000 per accident
- Property Damage: $40,000 per accident
FR-44s usually include higher premiums. Drivers with a DWI may be required to have a FR-44 for a minimum of three years. If the driver gets a restricted license before the revocation period ends, the driver may have to maintain FR-44 filing for four years.
Speak with a Winchester DUI Lawyer Today
Having to face the punishments of DUI is a frightening proposition to anyone. However, hiring the right attorney can make all the difference. Reach out to Amable Law for an understanding yet tenacious representation. We are dedicated to protecting your rights and interests.
For more information on how our criminal defense law firm in Winchester can help with your DUI case, contact us at (540) 739-2001!