Stay Informed About DUI Laws

Posted by

Knowledge is Power

A DUI Attorney from Montgomery, Kelley, & Dennett believes that our expertise and compassion should reach beyond the walls of our law office. We want every citizen in New Kent, Virginia to stay up to date on the latest changes to DUI Laws and the penalties that will follow.

Anyone who is convicted of even a single DUI will be required to have an ignition interlock device installed in their vehicle for six months, at their own expense. With the device installed, convicted DUI offenders must blow into the device to start their cars; the cars will only start if they are under the legal alcohol limit. The device will also randomly check up on offenders while driving to ensure that they are still under the legal limit.

Virginia DUI Offenses Explained

In addition to the interlock device, Virginia DUI offenses will carry the following penalties:

  • First offense: Mandatory $250 fine and driver’s license suspended for one year.
  • Second offense within ten years of prior offense: Mandatory, minimum ten-day jail term (in addition to fines and license suspensions).
  • Second offense within five years of prior offense: Mandatory, minimum 20-day jail term (in addition to fines and license suspensions).
  • Conviction for DUI third offense or DWI felony: Prosecution as a class 6 felony. Mandatory, minimum $1,000 fine. Mandatory, indefinite driver’s license revocation.  If a Virginia motorist’s license has already been revoked for a first or second DUI offense conviction and the offender then receives another DUI, the revocation period will run consecutively with the existing revocation period.
  • Conviction for DUI third offense within ten years of prior offense: Mandatory minimum 90-day jail term, and permanent forfeiture of your vehicle (if you are the sole owner).
  • Conviction for DUI third offense within five years of prior offense: Mandatory, minimum six-month jail term.
  • Conviction for DUI fourth or subsequent offense: Mandatory, minimum one-year jail term.
  • All motorists are prosecuted if law enforcement finds them to have a BAC over the legal limit, but motorists with exceptionally high BAC levels will receive additional penalties under Virginia law.
  • BAC between .15% and .20% at the time of arrest: Mandatory, minimum five-day jail term in addition to all other penalties for a first offense; mandatory, minimum ten-day jail term in addition to all other penalties for a second offense within ten years.
  • BAC of .20% or higher at the time of arrest: Mandatory, minimum ten-day jail term in addition to all other penalties for a first offense.

Montgomery Kelley & Dennett are here to help!

Are you in need of a DUI Attorney to handle your existing violation and live in New Kent, Virginia? At Montgomery, Kelley & Dennett we have decades of combined legal experience and will aggressively pursue your case.