Start here: what a DUI charge in Virginia actually means
A quick walkthrough of what to expect after a DUI arrest and what happens next.
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A short overview of how a DUI case moves through the Virginia court system.
DUI or DWI: what you’re actually charged with
Most people charged with a DUI have no clear picture of what they are actually facing. Whether you were charged with a DUI or DWI, Virginia treats driving under the influence as a Class 1 misdemeanor. That is not a traffic ticket. It is the same criminal category as reckless driving, and the decisions you make in the days after your arrest shape everything that follows.
A Class 1 misdemeanor carries up to 12 months in jail, up to one year of license suspension, fines up to $2,500, court costs, and mandatory VASAP enrollment. If you receive a restricted license, Virginia typically requires an ignition interlock device.
Virginia Code Section 18.2-266 covers DUI and DWI. The legal BAC limit is .08 for drivers 21 and older, .02 for under 21, and .04 for commercial drivers. You can be charged at any BAC if there is evidence of impaired driving.
It is not a traffic ticket, and a first offense is not a felony. But a Class 1 misdemeanor conviction is still a criminal conviction that creates a permanent record, affects your insurance, and can show up on background checks for years.
A DUI sits in the same category as reckless driving and other serious traffic violations. It does not go away on its own. In the right circumstances, a DUI charge can be negotiated down to what is called a wet reckless. That is a reduction, not a dismissal, and it is never guaranteed. We will tell you honestly whether that option is on the table rather than letting you assume it will happen.
What a DUI can cost you
Here is what the charge carries and why it matters. The penalties escalate significantly with repeat offenses, and mandatory minimum jail sentences apply above certain BAC thresholds.
First offense
Second offense
Third offense (10 yrs)
There is room to work
The charge can sometimes be reduced
In the right circumstances, a DUI can be negotiated down to a wet reckless, a reckless driving conviction with an alcohol-related finding. Whether that is realistic depends on the BAC level, the facts of the stop, and the jurisdiction. We will tell you honestly whether this path makes sense for your situation.
Commercial drivers: A DUI conviction can end a commercial driving career. Restricted licenses are not available to CDL holders under Virginia law. If you operate a motor vehicle commercially, the stakes are fundamentally different. Read the CDL section.
How we defend a DUI
Every DUI case gets the same careful review before we walk into court. The details of the stop, the testing, and the procedures are where defense strategies are built.
The traffic stop
We review whether police officers had reasonable suspicion to initiate the stop and whether proper procedures were followed at every stage. A stop that was not legally justified can change the entire case.
Field sobriety tests
Field sobriety tests are subjective and depend on the officer’s interpretation. Road conditions, weather, physical limitations, and the officer’s training all factor into whether the results are reliable evidence.
The chemical test
We review calibration records for the breath testing equipment, the procedures used during the blood draw, and whether the chain of custody was properly maintained. Equipment errors and procedural failures are more common than most people realize.
Negotiating the outcome
Where the facts support it, we pursue a reduction to a wet reckless or another favorable outcome. We cannot promise a specific result. What we can tell you is that we appear in these courts regularly and we know what it takes to build a case that gives us real leverage.
If you drive for a living
DUI and your commercial license
If you operate a motor vehicle commercially, a DUI conviction carries consequences that go far beyond what other drivers face. Restricted licenses are not available to CDL holders under Virginia law, and the BAC threshold for commercial drivers is .04, half the standard limit. A DUI conviction on a CDL holder’s record can mean immediate disqualification from operating a commercial vehicle, even for a first offense.
- Insurance companies treat commercial drivers with a DUI conviction differently than standard policyholders.
- Rates can spike or coverage can be dropped entirely.
- If your livelihood depends on your CDL, talk to a DUI defense lawyer about your commercial license specifically before making any decisions about your case.
What happens next
If you have never been through the Virginia DUI process, it feels like nobody will give you a straight answer about what happens next. Here is how it actually works.
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Arrest and booking
After the traffic stop, field sobriety testing, and a chemical test (breath or blood draw), you are taken to the local jail for booking and processing. Most first-offense defendants are released within hours.
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Your first court date
Arraignment is typically scheduled within a few weeks. The charge is formally read. In most cases, your DUI attorney can appear on your behalf at this stage.
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The negotiation window
Between arraignment and trial is where the real work happens. Your attorney reviews every piece of evidence. If a reduction to a wet reckless is possible, this is the stage where it becomes possible.
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Trial or resolution
If the case does not resolve through negotiation, it goes to trial in General District Court. After the case, license reinstatement involves VASAP completion, possible interlock installation, and DMV requirements.
Who handles your case
Scott D. Cardani
Partner
Scott D. Cardani has been practicing law since January 1996. Before he was a lawyer, he was a public school teacher, and it shows in how he explains your case. He walks you through what you’re facing the way a good teacher explains a hard subject: clearly, without jargon, and without moving on until you actually understand what’s happening to you.
We treat every client the way we’d want someone we care about to be treated.
- Practicing since January 1996
- Former public school teacher
- Every Central Virginia courtroom
Coral, Paralegal
Your day-to-day contact
Kara Powell
Attorney, criminal defense
Kara spent six years as an Assistant Commonwealth’s Attorney across two Virginia jurisdictions before joining Critzer Cardani PC. She has seen criminal cases built from the prosecution’s side, the evidence they prioritize, the arguments they prepare, the weaknesses they hope you do not find. That experience is now part of our legal service to you.
- Former Assistant Commonwealth’s Attorney
- Two Virginia jurisdictions
- Prosecution-side expertise
What our clients say
Our clients keep saying the same things: prepared, honest, and ready when it counts. We are building our library of DUI-specific testimonials, but the standard does not change by practice area.
Hear us talk it through
Scott and Jackie host the “What To Do When…” podcast, where they walk through real legal scenarios in plain English. If you have been charged with a DUI and want to understand more about how Virginia handles these cases before you call, the podcast is a good place to start.
Ep. 28
What To Do When…
Avoiding a juvenile DUI
Watch or listen
Ep. 4
What To Do When…
You are facing reckless driving
Watch or listen
Ep. 26
What To Do When…
Reckless driving by speeding
Watch or listen
DUI questions, answered
A first DUI offense is a Class 1 misdemeanor carrying up to 12 months in jail. Whether jail time applies depends on your BAC level, the circumstances, and your history. Mandatory minimums apply above certain BAC thresholds.
The limit is .08 for drivers 21 and older, .02 for drivers under 21, and .04 for anyone operating a vehicle commercially. You can be charged with a DUI at any BAC if there is evidence of impaired driving.
A first-offense conviction carries up to 12 months of license suspension. A restricted license may be available, but it typically requires an ignition interlock device and VASAP enrollment.
A first offense is a Class 1 misdemeanor, not a felony. A third DUI within ten years can be charged as a Class 6 felony, and certain aggravating factors can elevate the criminal charges on any offense.
In some cases, a DUI can be negotiated to a “wet reckless,” a reckless driving conviction with an alcohol-related finding. It is case-dependent and never guaranteed.
Your DUI attorney can typically handle routine court appearances on your behalf. We will tell you exactly which dates require you to be present so you can plan.
We offer free consultations and handle cases on a flat-fee basis. Court costs are separate from attorney fees. The total cost depends on complexity and is discussed upfront during your consultation.
Yes. The person who does the Google search is often not the person who was arrested. If you are calling for someone you care about, our intake process is built for that. The “Who is this about?” field on our form handles this directly.
Part of our criminal defense practice
Criminal defense in Richmond: the full guide
DUI defense is one of our most active practice areas. See the full scope of our criminal defense work.
About results. The information on this page is general legal information, not legal advice specific to your situation. Past results do not guarantee a similar outcome. Every case depends on its own facts.
