An Experienced Criminal Defense Attorney with a Proven DWI Track Record in Virginia to Fight for You

What is Driving While Intoxicated?

Driving While Intoxicated (DWI), also known as Driving Under the Influence (DUI) in other states, involves driving or operating a vehicle with a blood alcohol concentration above 0.08% or while intoxicated by a controlled substance pursuant to §18.2-266.

This type of law is complex and requires a knowledgeable and experienced DWI/DUI attorney with a proven track record. Exploring weaknesses in the original traffic stop and in the validity of the breath tests, using expert testimony to provide evidence to the contrary, and vigorous cross examination of the arresting police officer are just a few of the techniques used.

What are the Penalties for a 1st DWI Conviction?

If found guilty of a first DWI, penalties can include:

A mandatory, minimum five (5) day jail term for Blood Alcohol Content (BAC) between 0.15% and 0.20% or ten (10) day jail term for BAC 0.20% and above without a minor in the vehicle
A mandatory, minimum ten (10) day jail term for BAC between 0.15% and 0.20% or 15 day jail term for BAC 0.20% and above with a minor in the vehicle
A maximum term one (1) year jail term
A mandatory minimum fine of $250 with a maximum of $2,500 without a minor in the vehicle
A mandatory minimum fine of $750 with a maximum of $2,500 with a minor in the vehicle
A mandatory one (1) year license suspension by the Court
A mandatory minimum six (6) month installation of an Ignition Interlock Device in any vehicle you operate, plus the cost to install the device and monthly charges for the computer chip to be read and the results sent to Virginia Alcohol Safety Action Program
A requirement to complete the Virginia Alcohol Safety Action Program, plus the cost to attend such program
Six (6) demerit points assessed by the Department of Motor Vehicles against your driving record
Dramatic insurance rate increases

Beyond these penalties, for a first time DWI, any person with a pilots license may lose their privileges to fly a plane.

What are the Penalties for a 2nd DWI Conviction within 5 Years?

If found guilty of a second DWI/DUI within five years, penalties can include:

A mandatory, minimum 20 days for BAC less than 0.15%, 30 day jail term for BAC between 0.15% and 0.20% or 40 day jail term for BAC 0.20% and above without a minor in the vehicle
A mandatory, minimum 25 days for BAC less than 0.15%, 35 day jail term for BAC between 0.15% and 0.20% or 45 day jail term for BAC 0.20% and above with a minor in the vehicle
A mandatory minimum fine of $500 with a maximum of $2,500 without a minor in the vehicle
A mandatory minimum fine of $1,000 with a maximum of $2,500 with a minor in the vehicle
A mandatory three (3) year license suspension by the VA DMV
A mandatory minimum six (6) month up to a maximum three (3) year installation of an Ignition Interlock Device in any vehicle you operate, plus the cost to install the device and monthly charges for the computer chip to be read and the results sent to Virginia Alcohol Safety Action Program
A requirement to complete the Virginia Alcohol Safety Action Program, plus the cost to attend such program
Not eligible for a restricted license for one (1) year after the date of conviction

What are the Penalties for a 2nd DWI Conviction within 10 Years?

If found guilty of a second DWI/DUI within ten years, penalties can include:

A mandatory, minimum 10 days for BAC less than 0.15%; 20 day jail term for BAC between 0.15% and 0.20%; or 30 day jail term for BAC 0.20% and above without a minor in the vehicle
A mandatory, minimum 15 days for BAC less than 0.15%; 25 day jail term for BAC between 0.15% and 0.20%; or 35 day jail term for BAC 0.20% and above with a minor in the vehicle
A mandatory minimum fine of $500 with a maximum of $2,500 without a minor in the vehicle
A mandatory minimum fine of $1,000 with a maximum of $2,500 with a minor in the vehicle
A mandatory three (3) year license suspension by the VA DMV
A mandatory minimum six (6) month up to a maximum three (3) year installation of an Ignition Interlock Device in any vehicle you operate, plus the cost to install the device and monthly charges for the computer chip to be read and the results sent to Virginia Alcohol Safety Action Program
A requirement to complete the Virginia Alcohol Safety Action Program, plus the cost to attend such program
Not eligible for a restricted license for four (4) months after the date of conviction

What are the Penalties for a 3rd DWI Conviction within 5 Years?

If found guilty of a third DWI within five years, penalties for a class 6 felony can include:

A mandatory, minimum six (6) month jail term up to maximum five (5) year jail term
A mandatory minimum fine of $1,000 with a maximum of $2,500 without a minor in the vehicle
A mandatory minimum fine of $1,500 with a maximum of $2,500 with a minor in the vehicle
Indefinite license suspension with the potential to petition after a minimum of five (5) years
May petition the court for a restricted license for three (3) years after the date of conviction
Forfeiture of your vehicle

What are the Penalties for a 3rd DWI Conviction within 10 Years

If found guilty of a third DWI within 10 years, penalties for a class 6 felony can include:

A mandatory, minimum 90 day jail term
A mandatory minimum fine of $1,000 with a maximum of $2,500 without a minor in the vehicle
A mandatory minimum fine of $1,500 with a maximum of $2,500 with a minor in the vehicle
Indefinite license suspension with the potential to petition after a minimum of five (5) years
May petition the court for a restricted license for three (3) years after the date of conviction
Forfeiture of your vehicle

What are the Penalties for a 4th DWI Conviction within 10 Years

If found guilty of a four DWI within 10 years, penalties for a class 6 felony can include:

A mandatory, minimum one (1) year jail term
A mandatory minimum fine of $1,000 with a maximum of $2,500 without a minor in the vehicle
A mandatory minimum fine of $1,500 with a maximum of $2,500 with a minor in the vehicle
A mandatory five (5) year license suspension by the VA DMV
Never eligible to petition the court for a restricted license
Forfeiture of your vehicle

Why Hire an Experienced DWI Attorney if Charged in Virginia?

Even with Miranda rights in place to protect you from incriminating yourself after arrest, the Virginia implied consent laws make it a crime to avoid self-incrimination by refusing blood alcohol testing. While this may seem unfair, you agree to submit to these tests by virtue of driving on Virginia roadways, and refusal to submit to testing amounts to a crime that is separate and distinct from any DWI charges.

A key factor in the success of a DWI case in Virginia often involves refuting the results of blood alcohol testing. Lawyers employ many techniques to refute this vital evidence in court, including identifying the inexperience of the officer who conducted a breathalyzer test; questioning the calibration of the testing equipment; and pointing to other medical conditions that can result in higher blood alcohol content in the breath than actually exists within the blood

Hiring an experienced DWI attorney will develop creative arguments that can be useful in beating your charges. For example, did you know that:

medical conditions such as gastroesophageal reflux disease (GERD) can increase alcohol content in the breath without accurately reflecting the alcohol content in the blood and portable testing equipment does not have the same accuracy levels as the tabletop devices used for testing at police stations?
experience with the courtroom processes and personnel in Spotsylvania courts can also make a notable difference in DWI/DUI sentencing; particularly when a client faces a first offense—and has an otherwise clean driving and criminal record—a skilled attorney can often negotiate a plea agreement or obtain a reduced sentence.
an individual employing these same techniques in self-defense may not receive the same consideration; even if you have confidence of your own innocence, it takes an experienced and respected attorney to successfully negotiate with prosecution attorneys. Do not try to defend yourself.

Where plea negotiations are the best course of action, knowledge of the Virginia sentencing guidelines and experienced negotiation skills with prosecutors are essential.

If you are charged with DWI, contact Susan F. Fremit, P.C. immediately, to set up a free consultation!

You have everything to gain and nothing to lose — knowledgeable and experienced representation is just a call or click away