Virginia Man Charged With Multiple DUIs & Traffic Crimes In Less Than 12 Hours
Within a period of less than 12 hours, a man from Fredericksburg, Virginia allegedly committed two DUIs and various other traffic violations, according to an article by the ABC-affiliate WJLA.
Apparently, law enforcement first arrested this man for a DUI accident at approximately midnight on Monday, February 22. Around 7 a.m. the next morning, this Virginia man secured his release from police custody. And, less than two hours later, law enforcement arrested this man again for a separate DUI accident.
As a result of these incidents, this Virginia man faces criminal charges for:
- Driving under the influence (DUI);
- Reckless driving;
- Driving on a suspended license; and
- Various other offenses.
To understand the potential consequences of this man’s actions, it will be helpful to review several applicable statutes under Virginia law.
Driving Under the Influence (DUI) in Virginia
Code of Virginia Section 18.2-270 explains the state punishment for DUI. Generally, the first or second offense is punishable as a Class 1 misdemeanor. Section 18.2-270 institutes various mandatory minimum penalties, as appropriate for different circumstances, as outlined below:
- First Offense — Includes a mandatory minimum fine of $250;
- First Offense (BAC of 0.15 to 0.20) — Includes a mandatory minimum fine of $250 and at least five days in jail;
- First Offense (BAC above 0.20) — Includes a mandatory minimum fine of $250 and at least 10 days in jail;
- Second Offense (within 10 years) — Includes a mandatory minimum fine of $500 and at least 10 days in jail; or
- Second Offense (within 5 years) — Includes a mandatory minimum fine of $500 and at least 20 days in jail.
On top of the criminal penalties, DUI offenses are also subject to mandatory suspension of driving privileges. Under Code of Virginia Section 18.2-271, the suspension period for a first or second DUI is normally between 12 and 36 months. Subsequent offenses require the indefinite revocation of the individual’s driver’s license.
Reckless Driving in Virginia
Code of Virginia Section 46.2-868 furnishes the state punishment for reckless driving. At a minimum, reckless driving is a Class 1 misdemeanor under Virginia law. A conviction for this class of misdemeanor can lead to a maximum of $2,500 in criminal fines and 12 months in county jail.
In addition to the criminal penalties above, reckless drivers are also subject to mandatory license suspension. Under Code of Virginia Section 46.2-393, the suspension period for reckless driving ranges from 60 days to six months.
Driving on a Suspended License in Virginia
Code of Virginia Section 46.2-301 establishes the state punishment for driving on a suspended license. This offense is usually charged as a Class 1 misdemeanor, punishable by the maximum sentence described in the previous section.
In addition to criminal punishment, driving on a suspended license results in an additional suspension period. Under Section 46.2-301, the new suspension period will be equal to the existing suspension period. If the existing suspension period is for an indefinite period of time, then Section 46.2-301 mandates an additional 90 days of driver’s license suspension.
Contact Us Today for Help
If you have legal questions about DUI, reckless driving, or driving on a suspended license in Virginia, the skilled Leesburg criminal defense attorneys at Simms Showers LLP can help. Reach out to us today for a consultation.