Arlington VA DUI Lawyer

Enhanced BAC and Increased Penalties

Virginia mandates increased jail terms based on blood alcohol concentration. On a first offense, a BAC of at least 0.15% but not more than 0.20% mandates five days incarceration, while a BAC above 0.20% requires ten days minimum.

• Question breath testing precision and device maintenance
• Challenge whether BAC reached enhancement level during actual driving
• Submit medical documentation impacting BAC measurements including gastric conditions and metabolic disorders

Second and Third DUI Offenses

A second offense within five years of a prior offense carries a mandatory minimum of 20 days in jail; a second offense within five to ten years carries a mandatory minimum of 10 days — each with a $500 mandatory minimum fine, and more jail time if the blood alcohol level was 0.15 or higher. A third offense within ten years is a Class 6 felony with a mandatory minimum of 90 days, or six months if all three offenses fell within five years, plus a $1,000 mandatory minimum fine.

• Representation for second DUI offenses involving mandatory incarceration
• Felony third conviction defense requiring advanced sentencing knowledge
• Question legitimacy of previous convictions supporting enhancement

Reckless Driving Representation

Under § 46.2-862, driving 20 mph or more over the limit, or faster than 85 mph regardless of the limit, is reckless driving — a criminal charge, not a traffic ticket. It is a six-point violation that stays on a Virginia driving record for eleven years, and the court has the authority to suspend driving privileges. More on reckless driving and the other driving charges is on my Northern Virginia driving offenses page.

• Question speed measurement device precision and maintenance
• Pursue reductions to improper driving

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