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Virginia Man Charged With DUI After Crashing Into Tree


A 35-year-old Virginia man faces criminal charges for driving under the influence (DUI) after crashing into a tree in Kenbridge, according to an article by The Gazette-Virginian.

This incident occurred at approximately 12:15 a.m. on Wednesday, September 22. The Virginia man was driving on Cowford Road, just south of Flashback Street. After apparently losing control of his vehicle, the Virginia man drove off the road and smashed into a tree. The Virginia man did not suffer any injuries, though his vehicle sustained significant damage.

It seems reasonable to expect further developments in the Virginia man’s legal case. In the meantime, it seems like a proper time to review the Virginia laws against and penalties for DUI offenses.

DUI Laws in Virginia

Code of Virginia Section 18.2-266 furnishes the state laws against DUI. Under this section, it is unlawful for any person to operate a motor vehicle:

  • With a blood-alcohol concentration (BAC) of 0.08 or more;
  • While under the influence of alcohol;
  • While impaired by any narcotic drug or any combination of drugs;
  • While impaired by a combination of alcohol and any drug(s); or
  • With a blood concentration of at least 0.02 milligrams of cocaine, 0.1 milligrams of meth, 0.01 milligrams of PCP, or 0.1 milligrams of MDMA.

Under Virginia law, a driver is considered impaired if they cannot operate a vehicle in a safe and legal manner. Therefore, drivers can face DUI charges for impairment, even if they fall below the blood concentration levels of the various substances listed above.

DUI Penalties in Virginia

Code of Virginia Section 18.2-270 provides the state penalties for DUI. The applicable punishment can vary greatly depending on various factors, such as previous offenses or elevated BAC levels.

Misdemeanor charges are usually appropriate for DUI on the first or second offense. In these situations, DUI is normally charged as a Class 1 misdemeanor with mandatory minimum penalties, as outlined below:

  • First DUI Offense — Mandatory minimum of $250 in criminal fines;
  • First DUI Offense (BAC = 0.15+) — Mandatory minimum of five to 10 days in jail and $250 in criminal fines;
  • Second DUI Offense (within 10 years) — Mandatory minimum of 10 days in jail and $500 in criminal fines;
  • Second DUI Offense (within 5 years) — Mandatory minimum of 20 days in jail and $500 in criminal fines; or
  • Second DUI Offense (BAC = 0.15+) — Mandatory minimum of 10 to 20 days in jail and $500 in criminal fines.

On the third, fourth, or subsequent offense, DUI becomes a Class 6 felony under Section 18.2-270. At that juncture, DUI offenders will face imprisonment instead of a jail sentence and remain subject to mandatory minimum penalties.

Contact Us Today for Help

For help with your case, contact the Virginia DUI defense lawyers at Simms Showers LLP today. We are prepared to assist you throughout each step of your matter.



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Contact the Leesburg, Winchester & Loudoun County Attorneys of Simms Showers LLP today

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