DUI Charges Filed Against Virginia State Police Trooper

A Virginia State Police trooper faces criminal charges for DUI and other offenses, according to an article by NBC12.

After allegedly committing DUI on June 23 on Interstate 64, the trooper in question faces criminal charges for DUI, refusing a DUI test, and reckless driving. While legal developments in this matter continue to unfold, it seems like a proper opportunity to review the potential consequences at play.

Virginia Punishment for DUI

Code of Virginia Section 18.2-270 establishes the punishment for DUI. Although the exact nature of punishment can vary based on numerous factors, including the level of intoxication and number of previous convictions.

From a general standpoint, Virginia imposes the following charges and mandatory minimum penalties for DUI offenses:

• First Conviction — Class 1 misdemeanor punishable by a minimum of $250 in criminal fines and, in certain cases, five to 10 days in county jail;
• Second Conviction — Class 1 misdemeanor punishable by a minimum of $500 in criminal fines and 10 to 20 days in county jail;
• Third Conviction — Class 6 felony punishable by a minimum of three to six months in prison and $1,000 in criminal fines; or
• Fourth or Subsequent Conviction — Class 6 felony punishable by a minimum of one year in prison and $1,000 in criminal fines.

Virginia Punishment for Refusing DUI Test

Code of Virginia Section 18.2-268.3 furnishes the punishment for refusing a DUI test. On the first offense, refusing a DUI test is charged as a civil violation. The Virginia punishment for this civil offense is driver’s license suspension for a period of one year.

On the second or subsequent offense within 10 years, refusing a DUI test is a Class 1 misdemeanor. In addition to the statutory penalties discussed below, this Class 1 misdemeanor includes driver’s license suspension for a period of three years.

Virginia Punishment for Reckless Driving

Code of Virginia Section 46.2-868 provides the punishment for reckless driving. This offense is typically charged as a Class 1 misdemeanor. If convicted of a Class 1 misdemeanor in Virginia, the punishment can include a maximum of 12 months in county jail and $2,500 in criminal fines.

That being said, reckless driving can morph into a Class 6 felony. But in order to face felony charges, the offender must commit reckless driving on a suspended or revoked license and cause a fatality as a direct and proximate result.

If convicted of a Class 6 felony in Virginia, the punishment can include one to five years in prison and up to $2,500 in criminal fines.

Do You Need Legal Help?

If you need legal assistance with DUI or other charges in Virginia, it can be exceedingly beneficial to contact a seasoned Leesburg DUI & DWI attorney. The attorneys at Simms Showers LLP appreciate the nuances of mounting an effective defense against many types of criminal charges, including DUI. If you need legal help with criminal defense, contact us today for a free initial consultation.

SOURCES:

nbc12.com/2022/06/24/virginia-state-trooper-charged-with-dui/

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270/

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-268.3/

law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-868/