Arlington Virginia DUI Lawyer Louis A. Kleiman

(703) 524-3333

Arlington Virginia DUI Lawyer

Virginia DUI Laws

What Happens To First Time DUI Offenders in Virginia?

DUI/DWI is a class 1 misdemeanor in the Commonwealth of Virginia. A first time offense is punishable by up to one year in jail and/or up to $2500 in fines.

Virginia DUI laws mandate entry into ASAP (Alcohol Safety Action Program) and a one-year revocation of the defendant’s drivers license upon conviction for a first time offense.

You are DUI/DWI if you have a BAC (blood alcohol content) of .08 or above. If you register a 0.08 or higher BAC, your driver’s license will be suspended for seven days immediately after arrest. This is separate from the one year license revocation if you are convicted. You may appeal this suspension in the general district court where you were arrested, or by filing a challenge.

High BAC:

First time offenders convicted of driving drunk in VA with a blood alcohol content (BAC) between .15 and .20 percent will be sentenced to a minimum, mandatory five day incarceration. Those with a .21 percent or higher BAC will be sentenced to a minimum of ten days in jail.

Restricted License:

If you are convicted of a DUI first offense, you may be eligible for a restricted license. The defendant must "move" the court for the restricted license, but the court is under no obligation to grant one. If the judge allows a restricted license, the limitations are often:

Driving to and from VASAP (Alcohol Safety Action Program)

Driving to and from work

Driving during work hours with proper agendas

Driving to and from school

Driving to and from medical treatment

Some judges in Virginia do not allow the issuance of a restricted license until 30 days from the conviction date.

The Breath or Blood Test:

If you operate a motor vehicle on Virginia’s public roads, you automatically agree to take a chemical test upon request. You are required to take the test. If you refuse, your license will be immediately suspended for seven days and it may be suspended for one year, whether or not you are convicted of driving under the influence. If you are convicted of DUI, the suspension period for refusing the test will be added to the DUI revocation period. You may appeal this suspension in the general district court where you were arrested, or by filing a challenge.

Under age 21:

If you are under age 21 and you drive with a BAC of at least 0.02 percent but less than 0.08 percent, you can be fined up to $500 and have your driver’s license suspended for six months.

If your BAC is over .08, your penalties will be the same as a driver over 21.

Commercial Vehicle Operators:

You will receive a one-year disqualification for driving a commercial motor vehicle with a blood alcohol content (BAC) of 0.04 or higher. The disqualification becomes three years if you were transporting hazardous materials at the time.

You will also receive a one year disqualification if you refuse a blood or breath test.

Alcohol Safety Action Program

This is a 20 hour program which focuses on substance abuse and driving, substance abuse and health, and self evaluation of potential for substance abuse. (All persons will be tested for alcohol/drugs. If tested positive for either, the participant will immediately be re-classified for treatment.)

You will be probably placed on probation by the court and given a restricted license and ordered to report to the local ASAP office within 15 days. Offenders who fail to meet the requirements of ASAP probation will be returned to court as non-compliant and subject to revocation action by the court and instituted a suspended jail sentence.

Vehicle Impoundment:

Virginia DUI law requires your vehicle to be impounded immediately for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The court can impound the vehicle for an additional 90 days if you are convicted.

Insurance Rates

Your insurance rates will rise considerably from any DUI conviction or guilty plea. You may lose your current insurance company and only find insurance with a company that offers less coverage for more money.

Accident, Injury or Death from DUI:

DUI convictions that involve accident, injury or death carry considerably greater penalties. For example, a criminally negligent homicide while DUI can lead to 1-10 years in prison, a minimum $5,000 fine, and revocation. A DUI vehicular homicide can lead to 4-12 yrs in prison, a fine of from $3,000-$750,000, and revocation.

COMMONLY ASKED QUESTIONS AND ANSWERS

TYPE OF CASES OUR FIRM HANDLES
I have successfully tried many cases to bench and jury trials including dui, criminal and traffic.

WE THINK YOU SHOULD HIRE US IF:
You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.

OUR FIRM IS NOT RIGHT FOR YOU IF:
You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.

IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:
I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message with my secretary or on my voicemail. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (703) 524-3333 or email virginialawyer@verizon.net

THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:
The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation.

OUR CLIENTS WILL TELL YOU THAT:
My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results.

OUR PHILOSOPHY ON HOW WE APPROACH OUR CASES IS:
Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.

IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD:
During our free initial consultation I will answer any questions. Please call (703) 524-3333.


Louis A. Kleiman
Address: 2055 15th Street North Suite 333 Arlington, VA 22201	Counties Served: Contra Costa Siskiyou Solano
Contact Information: Phone : (703) 524-3333 Fax : (703) 525-2222 Website : www.louiskleiman.net
Arlington Virginia DUI Lawyer Louis A. Kleiman CALL NOW FOR A FREE CASE EVALUATION (703) 524-3333 Arlington Virginia DUI Lawyer Virginia DUI Laws What Happens To First Time DUI Offenders in Virginia? DUI/DWI is a class 1 misdemeanor in the Commonwealth of Virginia. A first time offense is punishable by up to one year in jail and/or up to $2500 in fines. Virginia DUI laws mandate entry into ASAP (Alcohol Safety Action Program) and a one-year revocation of the defendant’s drivers license upon conviction for a first time offense. You are DUI/DWI if you have a BAC (blood alcohol content) of .08 or above. If you register a 0.08 or higher BAC, your driver’s license will be suspended for seven days immediately after arrest. This is separate from the one year license revocation if you are convicted. You may appeal this suspension in the general district court where you were arrested, or by filing a challenge. High BAC: First time offenders convicted of driving drunk in VA with a blood alcohol content (BAC) between .15 and .20 percent will be sentenced to a minimum, mandatory five day incarceration. Those with a .21 percent or higher BAC will be sentenced to a minimum of ten days in jail. Restricted License: If you are convicted of a DUI first offense, you may be eligible for a restricted license. The defendant must "move" the court for the restricted license, but the court is under no obligation to grant one. If the judge allows a restricted license, the limitations are often: Driving to and from VASAP (Alcohol Safety Action Program) Driving to and from work Driving during work hours with proper agendas Driving to and from school Driving to and from medical treatment Some judges in Virginia do not allow the issuance of a restricted license until 30 days from the conviction date. The Breath or Blood Test: If you operate a motor vehicle on Virginia’s public roads, you automatically agree to take a chemical test upon request. You are required to take the test. If you refuse, your license will be immediately suspended for seven days and it may be suspended for one year, whether or not you are convicted of driving under the influence. If you are convicted of DUI, the suspension period for refusing the test will be added to the DUI revocation period. You may appeal this suspension in the general district court where you were arrested, or by filing a challenge. Under age 21: If you are under age 21 and you drive with a BAC of at least 0.02 percent but less than 0.08 percent, you can be fined up to $500 and have your driver’s license suspended for six months. If your BAC is over .08, your penalties will be the same as a driver over 21. Commercial Vehicle Operators: You will receive a one-year disqualification for driving a commercial motor vehicle with a blood alcohol content (BAC) of 0.04 or higher. The disqualification becomes three years if you were transporting hazardous materials at the time. You will also receive a one year disqualification if you refuse a blood or breath test. Alcohol Safety Action Program This is a 20 hour program which focuses on substance abuse and driving, substance abuse and health, and self evaluation of potential for substance abuse. (All persons will be tested for alcohol/drugs. If tested positive for either, the participant will immediately be re-classified for treatment.) You will be probably placed on probation by the court and given a restricted license and ordered to report to the local ASAP office within 15 days. Offenders who fail to meet the requirements of ASAP probation will be returned to court as non-compliant and subject to revocation action by the court and instituted a suspended jail sentence. Vehicle Impoundment: Virginia DUI law requires your vehicle to be impounded immediately for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The court can impound the vehicle for an additional 90 days if you are convicted. Insurance Rates Your insurance rates will rise considerably from any DUI conviction or guilty plea. You may lose your current insurance company and only find insurance with a company that offers less coverage for more money. Accident, Injury or Death from DUI: DUI convictions that involve accident, injury or death carry considerably greater penalties. For example, a criminally negligent homicide while DUI can lead to 1-10 years in prison, a minimum $5,000 fine, and revocation. A DUI vehicular homicide can lead to 4-12 yrs in prison, a fine of from $3,000-$750,000, and revocation. COMMONLY ASKED QUESTIONS AND ANSWERS TYPE OF CASES OUR FIRM HANDLES I have successfully tried many cases to bench and jury trials including dui, criminal and traffic. WE THINK YOU SHOULD HIRE US IF: You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours. OUR FIRM IS NOT RIGHT FOR YOU IF: You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case. IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD: I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message with my secretary or on my voicemail. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (703) 524-3333 or email virginialawyer@verizon.net THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS: The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation. OUR CLIENTS WILL TELL YOU THAT: My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results. OUR PHILOSOPHY ON HOW WE APPROACH OUR CASES IS: Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result. IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD: During our free initial consultation I will answer any questions. Please call (703) 524-3333.