Driving under the influence with a blood alcohol concentration of 0.08 percent or above is illegal in Virginia. This law doesn’t just apply if you’re driving. You can still be charged for a DUI if you’re found turning on the ignition while above the legal limit. Additionally, DUIs are not exclusive to driving on public roads, so the law still applies regardless of where you’re driving in Virginia.

If found operating a vehicle on private property above the legal limit, Virginia law still states that you can be charged with a DUI. Taking Virginia’s DUI law seriously can mean the difference between your personal freedoms and time behind bars.

Yes, if you are caught driving under the influence in Virginia, you are legally obligated to consent to a breathalyzer. Virginia has an “implied consent” statute regarding a breathalyzer test which means a person operating a motor vehicle is deemed to have consented to a breathalyzer by simply turning on the ignition while in the driver’s seat.

If you’ve been pulled over and are suspected of driving under the influence, it’s against the law to refuse a test. If you refuse and do not have reasonable grounds to do so, your refusal could be used against you in court, and, depending on your prior driving record, you could be punished separately for your refusal.

Virginia takes DUIs very seriously. As such, there are significant penalties for repeat offenses. For example, if you’re convicted of a DUI within five years of a previous DUI, the fine increases from a mandatory minimum of $250 to $500 in fines, and the jail sentence increases from no minimum to a minimum of one month; twenty days of which cannot be suspended.

A person convicted of three DUIs within ten years can be found guilty of a felony with heavy fines and jail sentences. That being said, there are nuances to every case, so hiring an experienced attorney can significantly impact your case’s outcome.

Yes, in Virginia, your sentence changes the higher your blood alcohol concentration is. For example, if your BAC is at least .15, the court is required to sentence you to at least five days in jail. If your BAC exceeds .20, the mandatory jail time increases to ten days. The change in blood alcohol concentration also changes the sentence in subsequent offenses.

Two things will most likely happen after being arrested. The first is if you’ve been released on bond after being arrested, you’re allowed to return to your everyday life while you wait for further instructions about when to appear in court for an arrangement.

The second option is a bit more serious. Your next day in court will be your trial date if you’re accused of a misdemeanor. If you don’t make bond, you will not be able to leave and will be held until your trial date. If you’re accused of a felony, a preliminary hearing will be held in General District court.

In Virginia, your first appearance in court after being accused of a crime is called an “arraignment.” During this appearance, you’ll be informed of the allegations against you, and the court will make sure that you understand the allegations and accusations that have been made against you.

At your arraignment, you have the opportunity to say whether or not you want to be represented by a lawyer. If you want legal counsel but are unsure whether you’ll be able to afford it, you can request the court to appoint a Public Defender to represent you. Lastly, you’ll be informed of your next court date.

However, in some Virginia courts, your arraignment is used for you to plead either guilty or not guilty, as some arraignments are scheduled to take place immediately before the trial is expected to begin.

After being arrested and charged with a crime in Virginia, it will be determined whether or not you will receive bond or, as it’s commonly referred to, bail. Most likely, if you’ve been charged with a misdemeanor, you’ll simply be told when your hearing is. This means you won’t have to worry about bond since you won’t be booked. 

However, if you’ve been arrested for something above the classifications of a misdemeanor, you’ll stand before a Magistrate while they make a bond determination. At this point, you might be released on your own recognizance, unsecured bond, or secured bond. During this time, you might also be denied bond.

There are three types of bonds in Virginia:

Recognizance: No amount of money is set for bond. The court trusts that you will appear on your own accord on the court date, attend all your hearings, and commit to all pretrial obligations. You’ll be released without any kind of requirement.

‍Unsecured bond: A bond amount is set that must be paid if you do not comply with the obligations that the court set. So, if you don’t show up for hearings and don’t comply with the requirements set for you, you’ll have to pay the set bond amount.

‍Secured bond: This bond must be paid in order for you to be released before your day in court. You can either pay this money yourself or if the sum is too much for you to pay at once, you can hire a bail bond company to pay your bond for you. After paying bond, you’re still expected to comply with the obligations set by the court.

In Virginia, you have the opportunity to appeal a bond hearing to the Circuit Court. The appeal must be noted soon after the lower Court denies the bond. If you are held without bond, you will remain incarcerated until you go to trial.

Since bail is typically granted with conditions if you fail to meet the list of obligations set for you by the judge at your bail hearing.

In Virginia, a preliminary hearing is held for felony cases in the General District Court. The purpose of a preliminary hearing is for the Court to determine whether there is probable cause that you committed the crime. If the Court finds probable cause, they will certify the case for trial at the Circuit Court. The court will dismiss the case if it does not find probable cause.

The preliminary hearing may give you a good insight into the Commonwealth’s strengths and weaknesses regarding your case. Rarely is it appropriate to waive your right to a preliminary hearing; however, there may be times when it is appropriate and even crucial to waive that right.

If you suspect that your constitutional rights have been violated, you have the right to appeal or request a new trial. From the right to remain silent to the right to a speedy trial, your Constitutional Rights are to be respected no matter what charges you are facing. The consequence of a Constitutional violation can range from the exclusion of evidence to a complete charge dismissal.

Potentially, yes. Virginia law allows you, as the defendant, to request your sentence be modified at any time as long as you’re being held locally. A provision in the Virginia Code allows for an individual’s sentence to be reconsidered as long as that person has not been brought to the Department of Corrections. When reviewing a person’s sentence, the court will consider several factors, so it’s important to prepare thoroughly before asking the court to reconsider your sentence.