Virginia Aggravated DUI Attorney
Understanding Aggravated DUI in Virginia
In Virginia, an aggravated DUI is far more serious than a standard DUI charge. It encompasses factors that elevate the severity of the offense and, consequently, the penalties. Common aggravating factors include extremely high blood alcohol content (BAC), driving with minors in the vehicle, or causing injury or death while under the influence. Understanding these nuances is critical as they significantly influence the legal proceedings and potential consequences.
Virginia imposes stringent penalties for aggravated DUI offenses to deter dangerous behaviors and protect public safety. These penalties may include longer jail sentences, higher fines, and the possibility of permanent driver's license revocation. Recognizing the serious nature of these charges underscores the necessity for skilled legal defense from an experienced aggravated DUI attorney in Virginia.
At Tillotson & Martin, LLC, our dedication to defending individuals accused of aggravated DUI in Virginia sets us apart. Our legal team, comprised of seasoned professionals, is well-versed in DUI law complexities. We are not just familiar with the law; we actively shape it by authoring legal texts and training fellow attorneys on key DUI defense techniques.
Our approach is informed by legal nuances and our commitment to compassionate client care. We understand the stress and anxiety that an aggravated DUI charge can provoke and emphasize providing emotional and procedural support to our clients. This holistic approach allows clients to feel supported not only legally but also personally throughout the process.
Let our Virginia aggravated DUI attorneys get started on your defense by calling us at (757) 568-7978 or filling out our online contact form today.
Common Types of Aggravated DUI in Virginia
As mentioned above, an aggravated DUI in Virginia refers to a standard DUI offense that is accompanied by aggravating factors that increase the severity of the offense and result in harsher penalties. A DUI (Driving Under the Influence) occurs when a person operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or while impaired by drugs or alcohol to a degree that affects their ability to drive safely.
High BAC (Blood Alcohol Concentration) Levels
BAC of 0.15% to 0.20%:
- Mandatory minimum jail sentence of 5 days for a first offense.
- Fines of up to $2,500.
- Driver’s license suspension for 12 months.
- Mandatory ignition interlock device (IID) installation upon reinstatement.
BAC Over 0.20%:
- Mandatory minimum jail sentence of 10 days for a first offense.
- Fines up to $2,500.
- License suspension for 12 months.
- Mandatory IID installation.
DUI with a Minor Passenger (Under 18 Years Old)
- Additional jail sentence of 5 days.
- Additional fines ranging from $500 to $1,000.
- Enhanced penalties may apply depending on the underlying DUI offense.
DUI Resulting in Injury or Death (DUI Manslaughter or DUI Maiming)
DUI Maiming (Involuntary Manslaughter):
- Classified as a Class 6 felony.
- Penalty of 1 to 5 years in prison, or at the court’s discretion, up to 12 months in jail and a fine of up to $2,500.
Aggravated Involuntary Manslaughter:
- Charged when a DUI leads to the death of another person under circumstances demonstrating reckless disregard for human life.
- Classified as a Class 5 felony.
- Prison sentence of 1 to 20 years.
- License revocation and mandatory alcohol education/treatment programs.
Driving on a Suspended License Due to DUI
Class 1 Misdemeanor:
- Jail sentence of up to 12 months.
- Fine of up to $2,500.
- Additional license suspension period.
- Mandatory installation of an IID if driving privileges are restored.
Refusal to Submit to a Chemical Test (Implied Consent Violation)
First Offense:
- Administrative license suspension for 1 year.
Second Offense:
- Classified as a Class 1 misdemeanor.
- License suspension for 3 years.
- Additional penalties may apply if convicted of a DUI after refusal.
DUI While Transporting Hazardous Materials
Class 6 Felony:
- Jail sentence of 1 to 5 years.
- Fines of up to $2,500.
- License suspension for 12 months with no restricted driving privileges.
Penalties for Aggravated DUI in Virginia
Depending on the aggravating factor, the penalties for an aggravated DUI in Virginia may include:
- Increased Mandatory Jail Time: Enhanced penalties require longer minimum jail terms.
- Higher Fines: Fines may range from $500 to $2,500 depending on the severity of the offense.
- Longer License Suspensions or Revocations: Repeat offenses and serious aggravating factors can lead to license revocation.
- Mandatory Ignition Interlock Device (IID): Required for all aggravated DUI convictions.
- Felony Charges and Prison Sentences: Third offenses, DUI manslaughter, and other serious offenses result in felony charges.
Take the Next Step: Protect Your Future
If you or a loved one is facing an aggravated DUI charge in Virginia, don’t navigate this challenging time alone. Contact Tillotson & Martin, LLC for a professional and compassionate defense tailored to your situation. Our attorneys are here to provide the guidance and support you need to preserve your rights and future.
Contact us now at (757) 568-7978 to schedule your initial consultation and take the first step towards a robust defense strategy.
