Drunk Driver Crashes in Virginia After Trying to Elude Police
Local authorities arrested a 23-year-old Virginia man for driving under the influence (DUI) and several other charges, according to an article by the Loudoun Times-Mirror.
This arrest occurred on October 4th, at approximately 11 p.m., when deputies of the Loudoun County Sheriff’s Office tried to execute a traffic stop in Ashburn around the 21000 block of Kings Crossing Terrace. The Virginia man refused to stop his vehicle, sped off, and later crashed.
The sheriff’s deputies then apprehended the Virginia man and charged him with DUI, eluding police, and driving without a license. Although the legal process is just starting for this man, it is possible to understand the nature of his potential sentence by examining several Virginia statutes.
How Does Virginia Punish Driving Without a License?
Code of Virginia Section 46.2-300 explains the punishment for driving without a license. Under Virginia law, this offense is punishable as follows:
- First Conviction — Class 2 misdemeanor with a maximum punishment of six months in county jail, $1,000 in criminal fines, and 90 days of driver’s license suspension; or
- Second or Subsequent Conviction — Class 1 misdemeanor with a maximum punishment of 12 months in county jail, $2,500 in criminal fines, and 90 days of driver’s license suspension.
How Does Virginia Punish Eluding Police?
Code of Virginia Section 46.2-817 outlines the punishment for eluding police. Under Virginia law, this offense is usually a Class 2 misdemeanor with a substantially similar punishment to the one explained above. The driver’s license suspension period, however, changes to a minimum of 30 days and a maximum of 12 months.
That being said, eluding police can become a felony offense under certain circumstances. If a driver violates Section 46.2-817 and causes the death of a police officer, for example, it is a Class 4 felony in Virginia. If convicted, the maximum punishment includes 10 years in prison, $100,000 in fines, and 12 months of driver’s license suspension.
How Does Virginia Punish DUI?
Code of Virginia Section 18.2-270 details the criminal punishment for DUI. A first or second violation is a Class 1 misdemeanor in Virginia. But the mandatory minimum sentence changes based on the circumstances of the DUI offense, such as the level of blood-alcohol concentration (BAC). For example:
- First Conviction — Mandatory minimum of $250 in fines;
- First Conviction (BAC = 0.15 or more) — Mandatory minimum of five to 10 days in jail;
- Second Conviction (within 10 years) — Mandatory minimum of $500 in fines and 10 days in jail;
- Second Conviction (within 5 years) — Mandatory minimum of $500 in fines and 20 days in jail; or
- Second Conviction (BAC = 0.15 or more) — Mandatory minimum of $500 in fines and 10 to 20 days in jail.
Contact Us Today for Help
If you have legal questions about DUI offenses under Virginia law, it can be demonstrably valuable to connect with a dependable Leesburg DUI & DWI attorney. The attorneys at Simms Showers LLP feature more than 140 years of combined legal experience, including criminal defense of DUI charges. If you need legal help with criminal defense, contact us today for a free initial consultation.