DUI, Speeding, and Reckless Driving Defense
DUI, Juvenile DUI, Speeding, and Reckless Driving Defense – At Critzer Cardani PC, we understand that you never intended to be in this situation and we are honored you chose us to help. We empower our clients with knowledge about the charges they are facing, including licensed CDL related cases.
Our Richmond, Virginia DUI attorneys inform you about:
- The Virginia laws that apply to your individual case, or a Juvenile DUI case.
- All of the DUI defenses that we can raise in your case.
- The potential penalties you may face if you are found guilty. Contact Critzer Cardani PC to chat with a Richmond, Hanover, Henrico, Chesterfield or Goochland DUI Lawyer about your case for FREE.
Understanding DUI and Juvenile DUI law in Virginia
Our Goochland, Richmond, Hanover, Henrico and Chesterfield DUI Lawyer will help you understand DUI law and DUI penalties.
THE LAW: Before you learn about DUI penalties and defenses, let’s start with Virginia’s DUI Statute. It is helpful to understand DUI law before discussing penalties and defenses. Under the Virginia code, it is unlawful to operate a motor vehicle if
- You are under the influence of alcohol and your ability to drive a motor vehicle safely is impaired.
- Your blood alcohol concentration (“BAC”) is greater than or equal to .08
- You are under the influence of any intoxicant or drug that impairs your ability to operate a motor vehicle.
- You are under the influence of alcohol combined with drugs and impairing your ability to operate a motor vehicle safely.
- You can be found guilty for DUI even if your impairment is caused by prescription drugs or over the counter medications! This includes sleep aids, cold medication, and pain killers, amongst many other commonly used drugs – including marijuana.
- Even if your BAC is less than .08, your ability to drive might still be impaired. Alcohol effects everyone differently.
- Although the state limit is .08, the presumption of intoxication is still rebuttable. What does it mean for a presumption to be rebuttable? Essentially, you will have the ability at trial to put on evidence that your ability to drive safely was not impaired despite your BAC of .08 or greater.
How all of this can turn into a DUI defense: Contact Critzer Cardani PC your Goochland, Richmond, Hanover, Henrico or Chesterfield DUI Lawyer at Critzer Cardani to discuss your situation.
Our Goochland, Richmond, Hanover, Henrico or Chesterfield DUI Lawyer will Explain DUI Penalties
Generally, penalties for a DUI / DWI (usually under the influence of drugs) depends on a variety of factors. First, our Virginia DUI lawyer will explain the penalties based on the number of DUI offenses committed. Below are general guidelines – call Critzer Cardani PC to have a DUI attorney assess your case!
Penalties Associated with a First DUI/DWI Conviction
- Because DUI is a misdemeanor you can get up to a year in jail; however, that is unlikely and usually any jail time is suspended on a first offense.
- Virginia DUI Fines: If convicted of a DUI, the driver must pay a fine of at least $250. Because DUI is a Class 1 misdemeanor, you can be fined up to $2,500.
- Suspension of Your Virginia Operators License: After being charged with a DUI offense, your license is administratively suspended for seven days. If convicted, however, your license will be suspended for up to one year. The court may, in its discretion, issue you a restricted license, and you should consult with an attorney as to whether you qualify for a restricted license and what restrictions you may be subject to.
- Additional DWI Penalties: In addition to the above, you will be required to enroll in an Alcohol Safety Action Program (ASAP). Further, you may be required to have an ignition interlock device (IID) installed on any vehicle you own or operate for a minimum of six months. Lastly, a DUI conviction may remain on your record indefinitely.
A DUI / DWI charge is not something that you should take lightly. If charged in Goochland, Richmond, Hanover, Henrico or Chesterfield – The time to schedule a FREE consutlation is now!
Penalties Associated with a Second DUI/DWI Conviction
Virginia DUI Second Offense Fines: If convicted for a second DUI within 10 or fewer years, the driver must pay a fine of at least $500. Similar to a DUI first offense, the maximum fine is $2,500.
Suspension of Your Virginia Operators License: Unlike a DUI first, the license revocation period for a DUI second is three years, and a restricted license may not be issued by the court for either one year (in the case of a DUI 2nd within 5 years) or four months (in the case of a DUI 2nd within 5-10 years).
Jail Sentences for a Second DUI Conviction
- If you are convicted for a second DUI within a period of five years, then you must serve a mandatory minimum of twenty days in jail. You can be sentenced to a maximum of one year in jail.
- If you are convicted for a second DUI within a period of ten years, then you must serve a mandatory minimum of ten days in jail. You can similarly be sentenced to a maximum of one year in jail.
Penalties Associated with a Third DUI Offense Within 10 Years
Virginia DUI Third Offense is a felony in Virginia. The fines for a third DUI in Virginia are hefty; there is a mandatory minimum $1,000 fine.
Suspension of Your Virginia Operators License: A third DUI / DWI offense in Virginia will lead to your license being administratively suspended until trial. If convicted for a third DUI, your license can be suspended indefinitely.
Jail Sentences for a Third DUI Conviction
- If you are convicted for a third DUI within a period of five years, then you face a six month mandatory jail sentence.
- If you are convicted for a third DUI within a period of ten years, then you face a 90 day mandatory jail sentence.
If you’ve been charged with a DUI in the Greater Richmond area, Call the attorneys at Critzer Cardani PC for a FREE consultation with an experienced Goochland, Richmond, Hanover, Henrico or Chesterfield attorney.
DUI, Juvenile DUI, Speeding, and Reckless Driving Defense Additional Media & Information:
What To Do When… A Dummies Guide to the legal verse.
- Episode 4: What To Do When… You are Facing Reckless Driving.
- Episode 10: What To Do When…You Are Facing a DUI
- Episode 13: What To Do When…You Are Injured in a Car Wreck.
- Episode 16: What To Do When… You’re Driving, To avoid breaking the law.
- Episode 26: What To Do When… You Are Charged with Reckless Driving by Speeding.
- Episode 28: What To Do When… Avoiding A Juvenile DUI.
- Episode 29: What To Do When… You’re Pulled Over & Police Want to Search Your Phone.
- Episode 32: What To Do When… You Are Ticketed With a CDL.
- Episode 37: What To Do When… Your Teenager Enters Party Season.
The Time Is Now
Consultations with our DUI lawyers are absolutely FREE. We welcome both phone and office consultations. At Critzer Cardani, we appreciate that you have a lot on the line and commit to partnering with you for the best result.