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DUI

Vienna, Virginia DUI Lawyer

Take Action to Keep Your Driving Privileges

Alcohol- and drug-related driving offenses are treated seriously in Virginia. A conviction for driving under the influence (DUI) can have life-altering consequences, such as the immediate and prolonged removal of your driving privileges and the risk of incarceration. Hiring effective legal representation is the first step you should take to make certain you fight your charges as much as possible.

The Vienna DUI defense attorneys from Portner & Shure, P.A. are here to show you that you do have a choice after being arrested for a DUI. You can explore all of your options by working with us from the first day you are arrested. We have been managing cases much like yours for more than 25 years!

With so much on the line, don’t risk it on less experienced law firms. Call (703) 291-3263.

Virginia DUI Laws

The legal blood alcohol content (BAC) or concentration limit in Virginia is 0.08 for drivers in passenger vehicles.

Virginia law allows prosecutors to charge an individual with a DUI if the accused was:

  • Recorded as having a blood alcohol concentration of .08 or more
  • Driving under the influence of alcohol
  • Driving under the influence of any drug
  • Driving under the influence of any combination of drugs and alcohol
  • Driving and had a blood/alcohol content above the legal limit

You do not need to have a BAC of 0.08 or higher to be arrested and charged for a DUI. An officer can stop your vehicle and make an arrest if you are driving erratically or dangerously and it is believed that alcohol intoxication, even a minor amount, is the cause.

Virginia DUI Penalties

The penalties for Driving Under the Influence vary depending on the facts of each case and an accused individual’s criminal history. Virginia law treats a first time DUI charge as a class 1 misdemeanor. This carries a minimum fine of $250.00 and a maximum fine of $2,500.00. Additionally, this charge carries a maximum sentence of 12 months in jail.

An accused individual’s blood alcohol content affects possible jail time, specifically:

  • .08 to .14 – no mandatory jail time, however, the sentence is suspended
  • .15 to .19 – mandatory 5-day jail sentence
  • .20 or above – mandatory 10-day jail sentence

Additionally, a conviction for a first offense results in a 1-year suspension of an individual’s driver license, installation of an ignition interlock device (IID), and a requirement to complete the Alcohol Safety Action Program (ASAP).

Virginia law treats a second offense for a DUI charge as a class 1 misdemeanor. This carries a minimum fine of $500.00 and a maximum fine of $2,500.00. Additionally, this charge carries a maximum sentence of 12 months in jail.

An accused individual’s blood alcohol content affects possible jail time, specifically:

  • .15 to .19 – mandatory 30-day jail sentence
  • .20 or above – mandatory 40-day jail sentence

Furthermore, if the second offense occurred within 5 years of the first offense, Virginia law carries a mandatory 20-day jail sentence. If the second offense occurred within 10 years of the first offense, Virginia law carries a mandatory 10-day jail sentence. Additionally, a conviction for a second offense results in a 3-year suspension of an individual’s license, installation of an IID, and ASAP course enrollment and mandatory completion.

Virginia law treats a third offense for a DUI charge as a class 6 felony if it occurred within 10 years of the first offense. This carries a minimum fine of $1,000.00 and a maximum fine of $2,500.00. Additionally, this charge carries a maximum sentence of 5 years in prison.

If the third offense occurred within five years of the first offense, Virginia law carries a mandatory 6-month jail sentence. If the third offense occurred within 10 years of the first offense, Virginia law carries a mandatory 90-day jail sentence. Finally, a conviction for a third offense results in an indefinite suspension of an individual’s license.

Driver's Privilege Law

The Commonwealth of Virginia recently passed a law allowing the Department of Motor Vehicles to issue driver privilege cards to undocumented immigrants. Beginning on January 1, 2021, Virginia will join 15 other States that allow undocumented immigrants to receive drivers’ licenses. This new law will allow an estimated 300,000 individuals to qualify for drivers’ licenses. The law imposes several requirements on undocumented immigrants who are applying for a driver’s license.

An applicant must provide proof that they have resided in Virginia for at least 12 months. Along with this, an applicant must provide proof of income. Specifically, an applicant must provide proof that they have paid income taxes in Virginia within 12 months of their application or provide proof that they are claimed as a dependent on another individual’s tax return that was filed in Virginia 12 months prior to their application. An applicant must also take and pass the driver’s exam. Finally, an applicant must also provide proof of motor vehicle insurance or pay a fee to the Commonwealth of Virginia.

Under this new law, driver privilege cards issued by the Commonwealth of Virginia are not considered valid under the Federal Real ID law. However, a driver privilege card will be considered a valid form of identification in the Commonwealth of Virginia.

Portner & Shure, P.A.’s Approach & Defenses

The Commonwealth’s Attorney will treat all DUI cases seriously and will rarely drop a case, even those with weak criminal evidence. When evaluating the State’s case for weaknesses, the Vienna DUI defense attorneys at Portner & Shure look for common weak points, such as the police officer’s basis for the stop and whether the chemical breath test was administered correctly. As each case is different, these facts may present potential legal and factual defenses that can be used at trial or during plea negotiations. In cases where a plea deal is preferable, we can use our vast experience to negotiate a favorable plea deal.

See how our 25+ years of legal experience can work for you. Call us at (703) 291-3263 or contact us online.

WHAT OUR CLIENTS HAVE TO SAY

SERVING Clients throughout MARYLAND, VIRGINIA & WASHINGTON D.C.
  • “I just wanna say, thanks for everything! You guys are amazing! The whole team took care of everything!”

    - Former Client
  • “I got to know this place through a friend's recommendation while looking for a lawyer because of a reckless driving ticket. To be honest, I was worried and nervous because it was my first ticket. The lawyer reassured me and solved it really well.”

    - Elizabeth Y.
  • “Portner and Shure worked really hard, and I got a good result in my case. If one of our family or friends gets in trouble with reckless driving, I definitely recommend this firm. Thank you for helping me Portner and Shure especially for my attorney, Kevin.”

    - M.O.S.

WHY HIRE US?

EXPECT MORE WITH PORTNER & SHURE
  • We have aggressive litigation tactics, skill, and passion.
  • We offer legal representation in Spanish, Korean & Chinese languages.
  • We have recovered over $300 million on behalf of our clients.
  • We have received countless 5-star Google & Facebook reviews.
  • We are top-10 rated lawyers.
  • We have offices in Maryland, Virginia & Washington, D.C.
OUR ATTORNEYS, YOUR ADVOCATES

When you hire Portner & Shure, you can expect more from your representation. In addition to getting an attorney, you will get a committed advocates you has your best interests at heart.

  • Multi-Million Dollar Advocates Forum
  • The National Trial Lawyers Top 100
  • Super Lawyers
  • Best Attorneys of America
  • The National Trial Lawyers
  • Virginia Trial Lawyers Association
  • 5-Star Google Reviews
  • Lead Counsel Rated
  • Maryland Association for Justice
  • 10 Best Client Satisfaction Award 2016-2021
  • 10 Best Client Satisfaction Award 2016-2021
  • American Association for Justice
  • Avvo Rating Top Attorney
  • Avvo Superb Rating Top Attorney
  • Million Dollar Advocates Forum - Jonathan Portner
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