As a criminal defense attorney, I often encounter questions from clients who are unfamiliar with the legal process and anxious about the potential consequences of a DUI. This is understandable; if you're feeling uncertain and scared, you are not alone.

Keep reading to learn answers to some of the most frequently asked questions regarding first-offense DUI charges.

What Are the Penalties for a First-Offense DUI in Virginia?

Dealing with a first-offense DUI charge in Virginia involves understanding the penalties one might face. Typically, penalties include fines up to $2,500, mandatory substance abuse program enrollment, and a driver's license suspension for 12 months. However, circumstances can aggravate these penalties significantly. For instance, if your Blood Alcohol Concentration (BAC) was exceptionally high (0.15% or higher) or if someone was injured, you might face more severe repercussions.

While specific penalties are associated with a first-offense DUI, the specifics of each case will dictate how a case is charged and the penalties pursued by the prosecution. I encourage anyone arrested and charged with a DUI to consult with an experienced DUI attorney experienced in managing cases in Virginia.

Will I Go to Jail for My First DUI Offense?

Jail time for a first DUI offense is a legitimate concern for many. While it's not mandatory in every case, certain situations could lead to a jail sentence. For instance, if your BAC was 0.15% or higher, you will face a mandatory minimum jail time of at least five days.

Mandatory jail sentences for subsequent DUI convictions are as follows:

• Second offense - 10-20 days
• Third offense (felony) - 90 days
• Fourth offense (felony) - one (1) year

What Happens to My Driver’s License After a First DUI Conviction?

An automatic one-year license suspension is one of the immediate consequences after a DUI conviction in Virginia. That said, you may be eligible for a restricted license to drive to essential destinations like work, school, or medical appointments.

Restricted driving privileges after a DUI are granted by the court. For a first-offense DUI, this often happens at the time of conviction. However, if this was not determined at your conviction, you can petition for restricted driving privileges after the fact.

If you believe you may qualify for restricted driving privileges, speak with your attorney to discuss when and how to petition the court.

Review our blog to learn more about license suspensions and revocation after a DUI.

Can I Challenge a DUI Charge in Virginia?

Yes, it’s possible to challenge a DUI charge in Virginia. Several defenses may be applicable, such as questioning the legality of the traffic stop, challenging the accuracy of the breathalyzer results, or disputing the existence of probable cause to arrest.

Crafting an effective defense strategy requires a thorough understanding of Virginia's DUI laws, and this is where legal representation becomes invaluable. A seasoned defense attorney, like me, Andrew J. Cornick, Attorney at Law, can help you evaluate the evidence brought against you and guide you in exploring every avenue for a defense.

How Will a First-Offense DUI Impact My Future?

The impact of a DUI conviction extends far beyond immediate penalties. It can affect your employment prospects, as many employers conduct background checks. Similarly, if you hold a professional license or your job requires membership in a professional organization, you may lose them due to a DUI conviction.

If you are a student, a DUI conviction could hinder educational opportunities and complicate educational (and leisure) travel, especially to countries with strict entry policies. Read our blog to learn more about dealing with underage DUIs.

Do I Need to Hire a Defense Attorney?

Hiring a defense attorney is not required but is strongly encouraged. Your attorney will scrutinize the evidence, challenge the prosecution’s case, and provide a rigorous defense in court. Local experience is particularly important, as laws and procedures can vary. An attorney familiar with the local legal landscape can offer insights and strategies tailored to your specific situation.