Top Five DUI Enhancements in Virginia
Ordinary DUI is one of the worst misdemeanors in Virginia, from the standpoint of direct and collateral consequences. The average cost of a basic first-time DUI is over $10,000. Higher auto insurance rates make up much of that cost. Enhanced DUI, even first-time DUI, is much worse. Usually, prosecutors add enhancements whenever possible. Most prosecutors bring the most aggressive charges the facts could possibly warrant.
The penalties for enhanced DUI are stiffer, but the same basic defenses apply. A Leesburg dui defense lawyer often uses procedural and/or substantive defenses to reduce or eliminate these harsh negative consequences. Procedural defenses include illegal stops under the Fourth Amendment. A substantive defense is an inability to prove every element of the charge beyond any reasonable doubt.
Elevated BAC Level
High BAC levels mean mandatory minimum jail sentences. Sometimes, the defendant has enough time served credit to satisfy the minimum. Other times, that’s not the case.
State law tacks on an additional five days in jail for first-time DUI offenders who have a BAC between 0.15 and 0.20. The mandatory minimum is ten days for a BAC above 0.20. For second and subsequent offenses, elevated BAC adds additional mandatory days beyond the base mandatory minimum for the repeat offense.
Breathalyzer reliability is usually the key issue in BAC enhancement cases. For example, the state must prove the breathalyzer was properly calibrated and produce a maintenance record. Additionally, the state must show that noncompliant breathalyzers were removed from service.
Minor Passenger in the Vehicle
Defendants with a child passenger under 17 at the time of arrest are subject to an additional jail sentence, usually five days, along with an additional $500-$1,000 fine. Usually, under the best evidence rule, the state must produce a birth certificate or other document to substantiate the child’s age.
Prior DUI
A previous DUI may be the most common DUI enhancement in Virginia. Virginia’s lookback period is only five years in some cases. That’s one of the shortest periods in the country.
A second DUI offense within 5 years of a prior conviction carries much harsher minimums (for example, a mandatory minimum of 20 days in jail) compared to a first offense. A second offense within 5-10 years of a prior offense typically has a mandatory minimum of 10 days in jail.
A third offense within 10 years becomes a Class 6 felony (under Virginia Code § 18.2‑270) with enhanced penalties: mandatory minimums (90 days or more) and fines of at least $1,000.
Additional mandatory driver’s license revocation/suspension periods apply for all repeated offenses. In some cases, a Leesburg criminal defense lawyer can obtain an occupational license that allows defendants to drive for limited purposes, such as to and from work.
Refusal of Chemical Testing (Implied Consent)
Virginia is an implied consent state. When people sign their drivers’ licenses, they consent to provide chemical samples upon reasonable demand. Usually, a Leesburg criminal defense lawyer argues that the demand was unreasonable, if the results of the initial DUI investigation were shaky.
Under Virginia’s implied consent law, refusing a breath or blood test after an arrest for DUI triggers administrative license suspension. often one year for first refusal. A second refusal within ten years may lead to a three‐year revocation.
Incidentally, there’s a difference between a suspended and revoked license. A suspended license can be re-activated. If the state revoked the drivers’ license, the driver must start over and take the test again.
Causing Injury or Death, or Other Aggravating Conduct
If a DUI leads to serious bodily injury or death, or is combined with reckless driving, driving on a suspended license, etc., the penalties may escalate significantly. They include potential felony charges and much longer jail sentences.
Reach Out to a Compassionate Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. The sooner you reach out to us, the sooner we start working for you.
Source:
addictioncenter.com/community/the-true-cost-of-getting-a-dui/
