DWI Penalties: First Offense DUI in Fairfax County Virginia

Paul McGlone

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DUI / DWI Attorney - Fairfax, VA

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Posted over 4 years ago. Applies to Fairfax County, VA, 6 helpful votes

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1

Fines.

In Fairfax County ONLY Typical Penalties for first offense DWI in Fairfax County, starting with Fines: $600 FINE with $300 suspended (Payment of $300 plus $172.00 typical court Costs). There is a mandatory fine of $250 minimum that cannot be suspended by the Court. The maximum fine for a 1st or 2nd offense DUI is $2500.00.

2

Jail.

Coniction of a first offense DWI in Fairfax will usually include 30-60 Days in JAIL, usually suspended for first offenders conditioned on good behavior, and meeting all other conditions, and ASAP program completion (maximum jail for 1st or 2nd offense DUI is 12 months) NOTE: Accident cases and high breath/blood test cases will often result in part of the jail sentence being imposed, even for a 1st offense DUI. .15 BAC requires 5 days mandatory jail, and .21 BAC required 10 days mandatory jail time. Mandatory time cannot be suspended.

3

License Suspension of 12 months is mandatory for First DUI

a. A restricted driver's license is available, (in the discretion of the court) which allows driving to and from work, school, and to the ASAP program; also permission to drive to medical appointments, for visitation, and to take children to daycare. Accidents, high breath tests or other factors may delay court approval of restricted license. b. Any other driving constitutes driving on a suspended license, another serious misdemeanor offense, but it also triggers imposition of suspended fines and jail time from the original DUI offense. c. Conviction of Driving on a Suspended License after a DUI suspension also causes additional fines, jail time, and a 1 year additional suspension of license; in the event of such a violation, no restricted driving privileges are available for one full year.

4

ASAP Program Requirement

Mandatory participation in Virginia Alcohol Safety Action Program (VASAP): a. $450.00 Program fee, payable in installments. b. The program lasts 10 weeks, requiring two hours of class per week, in the evening, on Saturday, or daytime, depending on your job or school schedule. c. Transfer to another county or state may be available. d. Failure to complete the program (or missing classes, re-arrest, positive test for alcohol, drugs, etc.) will result in return to court to face possible imposition of suspended fines and/or jail time, and further revocation of driving privileges.

Additional Resources

Link to Form for Restricted License Application-- not available in every case: http://www.courts.state.va.us/forms/district/dc263.pdf

Fairfax County Traffic Defense Attorney Paul McGlone

Criminal Defense in Fairfax County, VA

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