Being charged with DUI is a serious offense that can have major repercussions, including fines, jail time, and loss of driving privileges. It is important that anyone facing an DUI charge in Virginia understand what challenges they will encounter. Seeking the legal advice of a capable and skilled DUI defense lawyer will help you understand all of your rights and options, including any defenses you might use.
What happens if I was arrested for DUI in Loudoun County?
Once you have been cited for violating the DUI statutes in Virginia, the state initiates two separate, yet simultaneous legal actions against you. There is an administrative action that is brought against your license by the Virginia Department of Motor Vehicles, and a criminal action that is in response to the ticket that was issued to you. Both of these actions can result in the suspension of your driving privileges. Because of this, it is important to remember that there may be additional penalties to consider and each action must be handled on its own.
Virginia DUI / DWI Administrative Hearing
Pursuant to Virginia law, an individual has 10 days to request an Administrative Hearing from the Department of Motor Vehicles in Virginia. If you fail to request a hearing within 10 days, your right to the hearing is lost, and your driver's license is automatically suspended for the applicable statutory time frame. In order to preserve your right to the administrative hearing, it is imperative that you submit your request to the Virginia Department of Motor Vehicles within 10 days.
The Law Office of Michael C. Tillotson can help with this. Please call today or fill out the form for a fast, free consultation.
First Time Offenders - DUI Penalties
(Note that these are Virginia State statutes. With the help of Michael C. Tillotson you can reduce, or eliminate, possible fines, jail time, and save your driver's license.)
- Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC (blood alcohol content) of 0.04. A first time DUI / DWI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license in Virginia.
- DUI Jail Time - In Loudoun County, Virginia, a first time DUI / DWI conviction results in up to one year jail time.
- Virginia Driving Privileges and DUI - In Loudoun County, Virginia, a first time DUI / DWI conviction results in the suspension of driving privileges for up to 1 (one) year.
- Monetary Fines - A first time DUI / DWI conviction results in fines from $250.00, up to $2,500.00.
- Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the loss of driver's license in Virginia for 1 year.
Restitution for DUI / DWI
Depending on local Loudoun County, Virginia ordinances, you may be liable (up to $1,000) for the cost of law enforcement, emergency medical services, fire fighting and rescue personnel who respond to a crash or incident resulting from your DUI violation in Virginia.
Virginia and DUI Vehicle Impoundment
The vehicle you are driving will be immediately
immobilized for 90 days if you are caught driving after your license has been revoked for an alcohol-related offense. The court can impound the vehicle for an additional 90 days following a DUI / DWI conviction. The vehicle owner (if other than the driver) may petition the court for release of the automobile. Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a Class 1 misdemeanor.
Virginia Subsequent DUI Offenses
If you have been charged with a 2nd, 3rd, or 4th offense, it is imperative that you contact the Law Office of Michael C. Tillotson. Consequences are increasingly more severe for any additional offenses. You must be aware of your rights, act now by contacting the Law Office of Michael C. Tillotson. |