DUI & DWI Defense

Virginia DUI Law: §18.2-266 & 18.2-270 – Driving Under the Influence in the Commonwealth

Driving under the influence (DUI) or driving while intoxicated (DWI) in Virginia is treated as a serious criminal offense, and a conviction can have lasting impacts on your freedom, finances, and future. Whether it’s your first charge or you’re facing repeat allegations, it’s crucial to understand how Virginia law defines intoxication and the consequences associated with different levels of offense.

Driving While Intoxicated – Legal Standards (§18.2-266)

Virginia law makes it illegal to drive or operate any motor vehicle, train, or even a moped on public highways under the following conditions:

• Blood Alcohol Content (BAC) of 0.08% or higher, as determined by a chemical test.
• Impairment by alcohol, even if the BAC is under 0.08%, if your ability to drive safely is affected.
• Influence of drugs or intoxicants, including prescription medications or illegal substances.
• Combined influence of alcohol and drugs, to the point of impaired driving.
• Presence of specific drug levels in the blood, including:
  
  • 0.02 mg/L of cocaine
  • 0.1 mg/L of methamphetamine or MDMA (ecstasy)
  • 0.01 mg/L of PCP

A charge under §18.2-266 can result in a conviction based on any one of these criteria. Even without a BAC test result, an officer's observations, field sobriety tests, or drug recognition expert testimony can lead to prosecution.

Penalties for DUI/DWI Convictions in Virginia (§18.2-270)

Virginia imposes increasingly severe penalties for DUI offenses based on the number of prior convictions and the level of intoxication.

First Offense:

• Class 1 misdemeanor
• Mandatory minimum fine of $250
• Additional jail time if BAC is elevated:
  • BAC between 0.15–0.20: +5 days mandatory jail
  • BAC over 0.20: +10 days mandatory jail

Second Offense (Within 10 Years):

• Mandatory minimum fine of $500
• At least 10 to 20 days of mandatory jail time, depending on how soon the second offense occurred after the first
• Additional jail time for high BAC (same thresholds as above)

Third Offense (Within 10 Years):

• Class 6 felony
• Mandatory minimum jail of 90 days to 6 months
• Mandatory minimum fine of $1,000
• Conviction may result in vehicle forfeiture

Fourth or Subsequent Offense:

• Mandatory minimum of 1 year in prison
• $1,000 minimum fine
• Treated as a felony, with permanent consequences on your record

Enhanced Penalties Apply If:

• You were transporting a minor at the time of the offense (+5 days in jail and $500–$1,000 additional fine)
• You have prior DUI convictions from other states or under similar laws, which count against you in Virginia
• You’ve previously been convicted of related felonies, such as DUI maiming or involuntary manslaughter

Importantly, mandatory minimums are cumulative and must be served consecutively, meaning the court cannot allow them to run at the same time.

Why Clients Turn to Attorney Sheryl Shane for DUI Defense in Northern Virginia

A DUI charge doesn’t have to define your future but how you respond to it can. Attorney Sheryl Shane has spent over 25 years defending individuals charged with DUI and related offenses in Fairfax, Arlington, Alexandria, and surrounding areas.

What sets Ms. Shane apart is her deep knowledge of Virginia’s DUI laws, including the science behind breath and blood testing, the procedures officers must follow, and the defenses available for each unique case. She knows how to identify improper traffic stops, challenge unreliable test results, and negotiate alternative outcomes like reduced charges or diversion programs especially for first-time offenders.

Clients appreciate her thorough preparation, practical advice, and courtroom strength. She treats each case with personal attention, because she knows the outcome affects real lives, jobs, families, and futures.

If you’ve been arrested for DUI in Virginia, don’t delay. The legal process moves quickly and having an experienced advocate by your side can make all the difference.