New DUI Law: First Offenders Go To Jail
by David A. Cardon, Esquire


Dear Mr. Cardon,
On July 3, 2004 I was pulled over in Virginia Beach for DUI. This is my first offense. The certificate shows my blood alcohol content was .15%. I was talking to a friend at work and he told me that he heard the Virginia judges are a lot tougher on DUIs. I would like to know what I am facing.

Mr. Cardon replies:
Your friend is correct. The judges in Virginia have just recently gotten a lot tougher on Driving Under the Influence (DUI) charges. Before, if you had a first offense DUI and your blood alcohol content (“BAC”) was below .20%, you would probably not receive any active jail time, depending on the circumstances. On July 1, 2004, however, Virginia law changed. Now if you are convicted of a DUI and your BAC is .15% or above, you receive an automatic five day jail sentence. Even on a first offense!

The following are just some of the other specifics regarding the new DUI law:
• A first DUI with a BAC equal to or over .20%, carries a mandatory minimum jail sentence of at least ten days.
  (Up from five.)

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