Virginia
Lawyer
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Monte E. Kuligowski, P.C.
Attorney & Counselor at Law
Legal Defense Center
Virginia Beach, Virginia
If you have been arrested and charged with DUI / DWI in Virginia, you probably have several questions and concerns. The three most frequently asked questions involve jail time, license suspension and fines associated with DUI.
Jail Time. In Virginia, DUI falls into one of two broad categories: class one misdemeanor or felony offense. Most DUIs are class one misdemeanors which carry a maximum of 12 months in jail, license suspension and a fine of $2,500.
In cases of high blood alcohol content and second and subsequent offenses, periods of mandatory jail time is imposed by Virginia statute. For example, a BAC of .15 triggers five days of jail which may not be suspended by the court. Though a class one misdemeanor carries 12 months jail, the court may exercise its discretion and suspend part or all of the 12 months -- unless, of course, mandatory jail time attaches. Another example in which mandatory jail time is imposed involves a second DUI offense within five to ten years. If charged with DUI within five years of a previous conviction, the offense triggers a mandatory 20 days which may not be suspended by the court. If a defendant is charged with a second offense with a BAC of .21, he or she faces the maximum 12 months jail; but if convicted of the second offense DUI, the court would be mandated to impose at least 30 days of active jail time (20 days for second offense; 10 days for the .21 BAC).
Mr. Kuligowski, a competent Virginia DUI lawyer, will be able to advise you of whether your fact specific situation triggers mandatory jail time and the specific amount of days or months that must be served, if convicted.
License Suspension. If charged with a first offense in Virginia, the defendant's driver's license is administratively suspended for seven days. For out-of-state licensees, the privilege to drive is suspended for seven days. Regarding second offenses, the license or privilege is suspended for 20 days or until the court date. Regarding felony cases the license or privilege is administratively suspended until the court date.
At the trial, if convicted, the court is required by statute to suspend the defendant's license or privilege for 12 months. A restricted license may be awarded on motion of defense counsel for statutorily enumerated purposes. The most common being a restricted permit to drive to and from work.
If convicted with a BAC of at least .15 not only is mandatory jail time imposed, but mandatory license revocation is imposed allowing for a restricted permit only with the installation of interlock ignition, a device that allows a vehicle to start after an alcohol free breath sample is given.
In some instances, a defendant's license or privilege to drive may be revoked without any option for a restricted permit.
If charged and convicted of refusing to provide a breath sample after arrest (unreasonable refusal -- not to be confused the the handheld, preliminary breath test at the scene, which may be declined without incurring charges) the court must revoke the defendant's driver's license for 12 months without provision for restricted driving.
Fines. Though the maximum fine for a DUI is $2,500 many judges are willing to impose significantly lessor amounts and to even suspend part of the amount ordered, based upon the future good behavior of the defendant. Minimum fines are required though: $250 first offense; $500 second; and $1000 third (plus $50 for trauma center fund).
Second and subsequent offenses and .15 BAC levels and above trigger enhanced punishment over which the court has no discretion. However, a charge of DUI does not always equate to a DUI conviction and a charge of second offense does not always result in a second offense conviction. Likewise, a charge of DUI with a .15, BAC, e.g., does not always mean a conviction with a .15. In other words, it is possible for a charge of second offense to result in a first offense conviction. And, likewise for an aggravated BAC charge to result in a conviction without admission of the BAC number into evidence.
Depending upon your fact-specific circumstances, defenses may apply to challenge the basis for enhanced, mandatory punishment. For example, with respect to second and subsequent convictions, valid, authenticated evidence of substantially similar DUI convictions must be admitted in order to sustain the enhancement. Likewise a charge of an enhanced BAC level may be challenged on several grounds, including the accuracy or reliability of the breath machine.
Operating a motor vehicle under the influence of drugs or alcohol or a combination of the same or at a BAC level of 0.08 is a serious offense in Virginia and it is important to speak with an experienced, competent Virginia DUI lawyer about the details of your case.
Every case is different and needs to be evaluated on its own set of facts from which constitutional, procedural and statutory defenses will be applied.
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The Legal Defense Center is a Virginia Defense law firm out of Virginia Beach, Virginia. Mr. Kuligowski practices criminal defense with a concentration in Virginia DUI / DWI law.
Atty. Monte Kuligowski has been practicing DUI law for over 12 years and is a published author in law journals on Virginia law and in the field of Virginia DUI law. Click here to read Monte's law journal publication, "Rethinking DUI Law in Virginia," in the University of Richmond Law Review.
Though the Legal Defense Center is located in Virginia Beach, Mr. Kuligowski has defended clients from Rustburg and Chesterfield to Suffolk and the Hampton Roads area to the Eastern Shore and Northern Virginia.
The Legal Defense Center has defended clients in virtually every kind of driving or operating case, including operating aircraft under the influence, boating under the influence, and of course, driving under the influence cases. Most cases involve breath test machine evidence, although the firm has handled many refusal cases and blood draw cases.
Depending on the circumstances of your case the goal may be a dismissal or reduction of the charge. In other instances the goal may be to avoid otherwise mandatory jail time, interlock ignition or license revocation.
The Legal Defense Center handles all types of DUI cases, including felony, auto accident, breath sample refusal, high BAC and blood draw cases.
Call the office today at (757) 424-5434 for a free phone conference and to set an appointment. For out of state clients it is possible to retain the firm without traveling to Virginia.
Nothing on this site is to be construed as legal advice. The contents of this site are for informational purposes only. Please contact the above Virginia DUI lawyer to schedule a confidential, attorney-client conference from which legal advice will be provided.
3640 S. Plaza Trl., Ste., 202, Virginia Beach, VA 23452
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Atty. Monte Kuligowski
Monte Kuligowski is licensed to practice law in every Virginia court and has been admitted at every federal level, including the United States Supreme Court.
Call today to speak with Monte or to set an appointment:
(757) 424-5434
