Purcellville, Virginia DUI Defense Attorneys

Penalties for a DUI Conviction

Virginia law imposes strict penalties for DUI offenses, with consequences that increase based on prior convictions, BAC level, and the presence of aggravating factors. In most cases, a first-time DUI charge will be a Class 1 misdemeanor. A conviction could result in a minimum fine of $250 and a jail sentence lasting for as much as one year. If a person had a BAC of .15% or higher, they will face a mandatory minimum sentence of five days. A BAC of .20% or more will cause the mandatory minimum sentence to increase to 10 days. A one-year driver's license revocation will also apply.

When a person faces DUI charges for the second time, the minimum fine increases to $500, and the potential jail sentence may be between one month and one year. A driver's license revocation lasting for three years will also apply.

Felony charges will apply for a third DUI charge or any additional DUI offenses. The minimum fine in these cases is $1,000. For a third DUI conviction, the mandatory minimum jail sentence is 90 days, and for any additional DUI convictions, the minimum sentence is one year. These convictions will also result in an indefinite driver's license revocation.

DUI Involving Drugs in Virginia

Driving under the influence of drugs, including prescription medications or illegal controlled substances, is treated as the same offense as driving under the influence of alcohol. Blood tests may be performed following a DUI arrest to determine the level of drugs in a person's system. Virginia law specifies certain levels of controlled substances that will qualify as intoxication, including:

• 0.1 milligrams of methamphetamine per liter of blood
• 0.02 milligrams of cocaine per liter of blood
• 0.1 milligrams of MDMA (Ecstasy/Molly) per liter of blood
• 0.01 milligrams of phencyclidine (PCP) per liter of blood

In some cases, legal medications like painkillers, anxiety medications, or sleep aids could potentially impair a person's driving ability. The use of these substances on their own or in combination with alcohol or other drugs could result in a DUI charge. At Robinson Law, PLLC, we can evaluate the scientific evidence involved in drug DUI cases and ensure that testing protocols were followed correctly.

Factors That Can Affect a DUI Case

The circumstances surrounding a DUI arrest can affect the outcome of a case. Our lawyers will scrutinize the details of an arrest to determine whether procedural errors or rights violations occurred. We can address:

• Traffic Stop Procedures: Law enforcement officials must have reasonable suspicion that a crime or traffic violation has taken place before they can initiate a traffic stop. If a stop was based on a vague hunch, racial profiling, or something other than reasonable suspicion, the evidence collected during the stop may be suppressed.
• Field Sobriety Tests (FSTs): Standardized tests used by police officers during traffic stops may assess a driver's level of impairment. These tests are subjective, and they can be influenced by fatigue, medical conditions, or poor instructions.
• Chemical Testing (Breath or Blood Tests): After a DUI arrest, drivers will typically be asked to submit to a breathalyzer or blood test. Virginia's implied consent law requires drivers to comply, and refusal will result in an automatic license suspension. However, our attorneys may challenge whether the testing equipment was properly calibrated or whether officers followed the required steps during testing.
• Chain of Custody and Laboratory Procedures: Blood tests must be handled with precision. Errors in handling, labeling, or testing can result in false readings or inadmissible results.

Contact Our Purcellville, VA DUI Defense Lawyers

A DUI charge does not have to define your future. With the guidance of an attorney who understands Virginia's DUI laws and the intricacies of the local court system, you can determine how to resolve your case while avoiding long-term penalties. At Robinson Law, PLLC, we will work to protect your rights during your case. Contact our Purcellville DUI attorneys at 703-844-3746 to schedule a free consultation.