If charged with driving under the influence in Loudoun County, the following is information you should know about the penalties of a first offense. To learn more about DUI charges in Virginia or to discuss the specific circumstances surrounding your case contact a Loudoun County first offense DUI lawyer today for a free consultation.
If you’re charged for the first offense DUI in Loudoun County, you’re charged with a class 1 misdemeanor. Like all class 1 misdemeanors, DUI is punishable by up to 12 months in jail, up to a $2,500 fine, or a combination thereof.
However, there are also certain special penalties for DUI first offense charges in Loudoun County.
First of all, the mandatory minimum fine for all first offense DUIs in Virginia is $250. Any fine you will receive for a first offense DUI is at least $250, likely more.
In addition, you will lose your privilege to operate a motor vehicle in Virginia if you’re an out-of-state driver. If you’re an in-state driver, your Virginia driver’s license will be suspended for 12 months.
In addition, you’ll be required to complete two courses if you’re convicted of a DUI offense in Loudoun County. The first course is what is called Victim Impact Panel. It is a one-time course that is administered by the local community corrections and probation office. It is an approximately two-hour course about the effects of drunk driving in the community. It’s a very important course and it costs around $50.
Additionally, for all DUI related offenses in the Commonwealth of Virginia, you’ll be required to complete the Virginia Alcohol Safety Action Program, or VASAP.
In the Commonwealth of Virginia, there is not a deferred finding or diversionary program for DUI first offense charges. In Virginia, such deferred findings only exist in specific instances created by statutes or where local rules allow. In Loudoun County, this is typically found in cases of possession of marijuana, possession of schedule 1 or 2 controlled substances for the first offense, or trespassing cases. It does not happen for DUI offenses; there is not a prearranged or statutory diversion program for a first offense DUI.
There’s two separate periods in which your license may be suspended for a Loudoun County DUI offense. The first is under Virginia Code section 42.2-390.10. After the administrative suspension, your license will be fully reinstated unless you’re convicted of a DUI-related offense. If you are convicted of a DUI-related offense, such as a DUI or DUI-D,the penalties can be found in Virginia Code Section 18.2-270. For a first offense, the license suspension is 12 months. For a second offense this is a three-year period of suspension. For a third or subsequent offense you license is suspended indefinitely and reinstatement must be sought later through a different procedure.
Yes. A BAC of a 0.15 to 0.20 is one level of enhanced penalty and a BAC above 0.20 is the subsequent level of enhanced penalty.
Patrick Woolley Attorney At Law