It’s helpful to have a support system in place from the start, including someone who is knowledgeable regarding Virginia DUI laws and understands how the criminal justice system functions. It’s less stressful if you have someone on your side who can inform you and clarify any laws or portions of the process that you don’t understand.
While every case is unique, the system itself operates under the same laws and guidelines for every Virginia DUI arrest. The following list shows five common repercussions that may occur if police take you into custody for suspected drunk driving:
In addition to these repercussions, a criminal court judge might order you to undergo an alcohol addiction evaluation or enter a rehabilitation program. You might serve time in jail or on probation as well.
If you’re a licensed professional, your license may be at risk if you’re arrested for DUI in Virginia. A drunk driving arrest is often embarrassing and can negatively affect your reputation in your community. It can also impede your relationship with loved ones and friends.
The police may have arrested you following a motor vehicle collision where another person or people suffered injury or death. Such issues intensify the gravity of a DUI arrest. If a fatality has occurred, your life will never be the same.
It’s a big mistake to underestimate the possible repercussions of a Virginia DUI. Even if no accident occurred or it was your first offense, there’s no such thing as walking away from a drunk driving arrest without consequences.
However, not every DUI arrest is lawful, and not every case results in conviction. This is why it’s best to secure legal support as soon as an arrest has taken place. Having someone on hand to act as your personal advocate increases your chances of achieving the best outcome possible in court.
]]>One of the issues that influence the court regarding sentencing for a misdemeanor, first-offense DUI, is blood alcohol content (BAC). If you registered a BAC between .15 and .20, you would undoubtedly go to jail for at least five days. Time spent behind bars increases as BAC increases.
If a Virginia police officer arrests you for suspected DUI, and the court hands down a conviction three times within 10 years, the court will sentence you for a felony crime for the third offense -- not a misdemeanor. Upon conviction of a felony, a person loses certain liberties, such as the right to possess a firearm and the right to vote in a presidential election.
Fines you might have to pay in this type of situation start at $1,000. You might also spend 90 days (about 3 months) in jail. In fact, if the three offenses occurred in a 5-year period as opposed to 10, the minimum mandatory jail sentence is six months, but could be longer.
If the court rules that you used your vehicle to commit a felony DUI, the state will confiscate your car. Think of how this might affect your ability to function daily, such as transportation to work or going to the grocery store. In some cases, Virginia law allows an individual to request a “hardship” license, which is a restricted driver’s license, if the court has suspended your license for drunk driving.
It is critical that you understand the DUI charges you are facing in Virginia, especially whether alleged crime is classified as a misdemeanor or a felony. Either one may have a significant impact on the outcome of your case. As in all criminal investigations, you have a right to the opportunity to refute the charges against you, which most people choose to do by asking an experienced criminal attorney to act on their behalf in court.
]]>The legal definition of “juvenile” is any person who has not yet reached his or her 18th birthday. People under 18 are typically less mature than adults and have not fully developed their reasoning and critical thinking skills. The court understands this and, therefore, approaches criminal proceedings differently for youth than it does for adults.
If your child stands accused of illegal drug activity, underage drinking, shoplifting, car theft, vandalism or another crime, he or she might be worried about having to go to court to stand before a judge. One of the main differences between the juvenile justice system and an adult criminal court is that juveniles face a hearing as opposed to a trial.
When an adult stands trial, proceedings are based solely on legal facts. For juveniles, however, the court considers a defendant’s social history, family life and numerous other factors during a hearing, in addition to legal facts. Teenagers often have extenuating circumstances that are relevant to their poor judgment or lack of prudence, which may have led to their involvement in activities that prompted an arrest. The court takes all of it into consideration when making decisions in juvenile court.
When a Virginia judge convicts an adult of a crime, he or she renders a sentence as punishment. This might include substantial fines, an order to perform community service or time in jail. If your son or daughter faces conviction in a juvenile court, the basis of sentencing is rehabilitative rather than penalizing.
For instance, if a hearing reveals that your son or daughter has a drug problem, and the judge hands down a conviction, sentencing might include a mandated stay in a rehab facility. If there are family problems at home or your child shows signs of mental illness, etc., the court focuses on trying to help the juvenile in question resolve the issues that are having a negative effect on his or her life.
Don’t be afraid to ask questions and to seek outside support if your child has been taken into the custody of Virginia police. You have a right to be present during all questioning and to assist your son or daughter to obtain guidance and support throughout proceedings.
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