First-Time DUI in Virginia Beach
Can You Go to Jail for a First-Time DUI?
Getting arrested for a driving under the influence (DUI) can be a frightening and overwhelming experience, especially if someone’s first time. You might be wondering, will I go to jail? While most DUI offenders are placed on probation or other types of punishment, depending on the circumstances of your case, the courts may sentence you to serve jail time. In addition to that, you may also have to pay an expensive fine, have your license suspended, and you will have a permanent mark on your criminal record.
If you have been arrested for a DUI in Virginia, our lawyer is capable of helping you either get your penalties reduced or your case dismissed. With more than 20 years of experience under our belts, our legal team has a comprehensive understanding of the state laws in order to develop a solid and personalized defense strategy for you case. Let us protect your rights and reputation today.
First Time DUI Penalties
If you are 21 years of age or older and had a blood alcohol content (BAC) of 0.08% upon your arrest, you can be charged with a DUI.
- A first time DUI is considered a class one misdemeanor in Virginia, which is punishable by a maximum jail sentence of 12 months with no minimum sentence.
- However, if your BAC is at least .15, but less than .20, you may serve a mandatory minimum of five days in jail.
- If your BAC is .20 or higher, you may serve a mandatory minimum of 10 days in jail.
- You must also pay a fine of up to $2,500, with a mandatory fine of $250.
- Your license is automatically suspended for up to 12 months, with an opportunity to apply for a restricted license.
Let the Law Offices of Daniel J. Miller Fight for You – Call (757) 267-4949 Today
At The Law Offices of Daniel J. Miller, our mission is to obtain the outcome desired by our clients. We have an exceptional track record of success by developing aggressive and personalized defense strategies for our clients. Get a hold of our firm today!
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Driving Under the Influence 4th Offense– Bond Hearing DUI
Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.
Driving Under the Influence DUI
Our client was charged with driving under the influence after officers answered a call for service in a church parking lot. Eyewitnesses were able to testify as to the time of operation and identify the driver. Officers testified that they smelled alcohol coming from our client, that he was unsteady on his feet, and that he had not done well on his field sobriety tests. Video evidence secured from the church and bodycam footage did not support the testimony. The DUI charge was reduced to reckless driving.
Driving Under the Influence DUI
Our client was charged with driving under the influence after a concerned citizen called the police to report unusual driving behaviors. Even though the behavior was odd, it did not amount to criminal activity. The charge was dismissed on a motion to strike.
Driving Under the Influence 3rd Offense DUI
Our client plead not guilty to a felony count of driving under the influence third offense. Based upon a totality of the circumstances, the failure to prove circumstantially that our client was impaired by the use of alcohol as alleged the charge was reduced to reckless driving with a $250 fine.
ASAP Violation DUI
Our client was charged with violating the terms of ASAP by failing to complete all the required classes. Our client had moved out of state and had completed some classes but not at the direction of her ASAP advisor. The court found that based upon evidence provided and argument presented that our client had substantially complied and the charge was dismissed.
No Time Served Suspended License
Our client driving on a suspended license, this was his 5th offense.
All Charges Dismissed Suspended License
Our client was charged with driving on a suspended license.
Reduced to Standard DUI Offense Driving Under the Influence
Our client was charged with driving under the influence 2nd offense with a blood alcohol content of .23 which carried a mandatory minimum amount of thirty days in jail and an assault and battery of a law enforcement officer which carries a mandatory minimum of 6 months in jail.
Case Dismissed Driving Under the Influence
Our client was charged with driving under the influence second offense - accident with a blood alcohol content of .18.
Case Dismissed Boating Under the Influence
Our client was charged with boating under the influence when his Jet Ski was apprehended based upon beach life guard's phone call.