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NCDD National College for DUI Defense: Jonathan P. Fisher



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The Fisher Law Firm, P.C. Offices

Blacksburg Office
210 Professional Park Drive
Suite 10
Blacksburg, VA 24060

Fairfax Office
4103 Chain Bridge Road
Suite 103
Fairfax, VA 22030

Richmond Office
6802 Paragon Place, Suite 410
Richmond, VA 23230

Phone: 1.540.381.8750
Toll Free: 800.680.7031
Fax: 1.540.381.8751
E-mail: info@fisherlegal.com

Driving Under the Influence of Drugs or Alcohol

If you're found guilty of DUI in Virginia...

First Offense*

Class one misdemeanor, punishable up to one year in jail and $2,500 in fines. Mandatory license suspension of one year.

Court has discretion over the use of a restricted license. Required completion of a mandatory alcohol safety class. Installation of interlock device (breath alcohol test) required on registered vehicles.

Second Offense, within five years*

Class one misdemeanor, same maximum penalties as first offense. Mandatory twenty days in jail, license suspension for three years. No restricted license for first year. Manditory ignition interlock.

Second Offense, within ten years*

Class one misdemeanor, same maximum penalties as first offense. Mandatory ten days in jail, license suspension for three years. No restricted license for four months. Manditory ignition interlock.

Third Offense, within five years

Class six felony, punishable up to five years in the Virginia Department of Corrections and $2,500 in fines. Mandatory prison term of six months. Indefinite license suspension.

*Blood alcohol levels of .15 and higher means additional, mandatory jail time.

Did You Know?

DUI defenses are constantly changing and evolving. Did you know that only 31 of the approximatley 30,000 Virginia attorneys are members of the National College for DUI Defense? For more about the college visit www.ncdd.com.

Make sure you hire a qualified attorney; one that knows the local system and regularly works with police, prosecutors and the DUI courts to ensure clients are properly represented with outstanding results.

Contact Fisher Law today for a free assessment of your case. You'll be glad you did!

Relevant Law Sections Related to DUI

§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train

  1. while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article,
  2. while such person is under the influence of alcohol,
  3. while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely,
  4. while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or
  5. while such person has a blood concentration of any of the following substances at a level that is equal to or greater than:
    1. 0.02 milligrams of cocaine per liter of blood,
    2. 0.1 milligrams of methamphetamine per liter of blood,
    3. 0.01 milligrams of phencyclidine per liter of blood, or
    4. 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).
For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth.

§ 18.2-266.1. Persons under age 21 driving after illegally consuming alcohol; penalty

  1. It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.
  2. A violation of this section is a Class 1 misdemeanor. Punishment shall include
    1. forfeiture of such person's license to operate a motor vehicle for a period of one year from the date of conviction and
    2. a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2. The penalties and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.
  3. Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B

§ 18.2-268.3. Refusal of tests; penalties; procedures

  1. It shall be unlawful for a person who is arrested for a violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood or breath or both blood and breath taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this section.
  2. When a person is arrested for a violation of § 18.2-51.4, 18.2-266, 18.2-266.1 or, subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court, that
    1. a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood,
    2. a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial,
    3. the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth,
    4. the criminal penalty for unreasonable refusal within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal is a Class 2 misdemeanor, and
    5. the criminal penalty for unreasonable refusal within 10 years of any two prior convictions for driving while intoxicated or unreasonable refusal is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388.
  3. The arresting officer shall, under oath before the magistrate, execute the form and certify,
    1. that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing;
    2. that the officer has read the portion of the form described in subsection B to the arrested person;
    3. that the arrested person, after having had the portion of the form described in subsection B read to him, has refused to permit such sample or samples to be taken; and
    4. how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2-270 the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under this section shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.
  4. A first violation of this section is a civil offense and subsequent violations are criminal offenses. For a first offense the court shall suspend the defendant's privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

If a person is found to have violated this section and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270, arising out of separate occurrences or incidents, he is guilty of a Class 2 misdemeanor and the court shall suspend the defendant's privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

If a person is found guilty of a violation of this section and within 10 years prior to the date of the refusal he was found guilty of any two of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor and the court shall suspend the defendant's privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

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