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Blog 
DUI, Traffic and Criminal Law Defense
- Changes to "Move Over" law effective July 1, 2010
- National "Click It or Ticket" campaign begins today
- Special license plates for convicted DUI offenders?
- The fallout from a DUI conviction
- Can an anonymous tip be used as the sole justification for stopping a suspected drunk drivers?
Firm News
Former Virginia Beach deputy sentenced in DUI crash case
Posted on 6/27/2010
Shore Drive speed limit lowered to 35
Posted on 6/4/2010
Child Abuse Charges for Virginia Beach DUI Driver with Kids in Car
Posted on 5/31/2010
DUI Conviction for Former Virginia Beach Police Officer
Posted on 5/28/2010
Felony charges for "sexting" Franklin teens
Posted on 5/20/2010
Are alcoholic energy drinks to blame for Virginia Beach DUI death?
Posted on 4/30/2010
Virginia Beach city employee charged with DUI after hit-and-run crash
Posted on 4/30/2010
Bond revoked for man accused in Virginia Beach DUI hit-and-run
Posted on 4/26/2010
Richmond to Install Red-Light Cameras
Posted on 4/22/2010
St. Patty’s sobriety checkpoints lead to 9 Virginia Beach DUI arrests
Posted on 3/27/2010
Firm Library
DUI, Traffic and Criminal Law Defense
- Can the Virginia bar or restaurant where you were drinking be held responsible for your DUI?
- What to expect after a Virginia DUI arrest
- Virginia DUI Attorney: Why you need to FIGHT HARD against DUI charges
- The high stakes of a DUI conviction in Virginia
- Virginia's Move Over/Slow Down law regarding emergency vehicles
Virginia DUI Attorney: Why you need to FIGHT HARD against DUI charges
Lawmakers in Virginia try to win the public’s trust and respect by taking a hard line on drinking and driving, even if it isn’t always fair to the person accused of a DUI. Virginia has some very tough DUI laws, and the courts and police officers are eager to crack down on suspected drunken drivers. This means that if you find yourself accused of driving under the influence (DUI), you need to fight hard to avoid some very serious penalties.
First DUI Conviction Penalties
If you are convicted of your first DUI offense, you will face some serious penalties – but nothing as bad as a second or subsequent conviction. First time DUI offenders face a mandatory, minimum $250 fine and can have their driver’s license revoked for one year.
Second DUI Conviction Penalties
The second time you are convicted of a DUI, you face a mandatory, minimum $500 fine and you can lose your license for three years. In addition, you can be sent to jail for up to a year. If your second DUI conviction comes within five years of your first, they you’re also looking at a mandatory, minimum twenty days in jail. For your second DUI conviction within ten years of the first, you’ll also face a mandatory, minimum ten days in jail.
Third DUI Conviction Penalties
The third time you are convicted of driving under the influence, you face a mandatory, minimum fine of $1,000 and indefinite, mandatory revocation of your driver’s license. Your case can also be prosecuted as a Class 6 felony. If your third DUI conviction comes within five years of your other convictions, then the law says you have to go to jail for minimum six months. If that third DUI conviction comes within ten years of the others, you face a mandatory, minimum 90 day jail term and if you’re the sole owner of your vehicle you may have to forfeit it permanently.
Fourth or subsequent DUI Conviction
If you are convicted of your fourth or subsequent DUI offense, then in addition to other penalties you face a mandatory, minimum one-year jail term.
BAC level DUI Conviction Penalties
Your blood alcohol content at the time of arrest also has bearing on your case. If your BAC is 0.15 or up to but not including 0.20 percent at the time of arrest, for your first offense you face a mandatory, minimum five day jail term – in addition to the penalties described above. If it is your second DUI offense within ten years, then you’re looking at a mandatory, minimum ten day jail term in addition to the above penalties.
Should your BAC at the time of arrest come in at or above 0.20 percent, you’ll face a mandatory, minimum ten day jail term in addition to the penalties above. For your second offense within ten years you’ll get a mandatory, minimum twenty day jail term – in addition to everything else listed above.
If these penalties aren’t enough to convince you to fight HARD against a possible DUI conviction, consider the collateral consequences of being convicted of a DUI (read about them in our law library article “The high stakes of a DUI conviction in Virginia”). If you are ready to fight for your rights, contact the experienced, aggressive lawyers at Weisburg & Zaleski. Our Norfolk based DUI attorneys have an impressive track record fighting for the rights of men and women just like you.
Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223
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Michael S. Weisberg, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
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FAQs
DUI, Traffic and Criminal Law Defense
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- If I am guilty of the charge, shouldn't I plead guilty and pay the fine?
- Do you guarantee that my case will be successful?
- I have been asked to sign some forms by the police officers. What should I do?
- When should an attorney be present with me?