Fairfax DWI Lawyer:
Mandatory Minimum Jail Sentences [infographic]
In Virginia, a driving while intoxicated offense can result in very different penalties, depending on many factors.
Although there are statutory maximum penalties for Class 1 misdemeanors and Class 6 felonies, there are also mandatory minimums for some offenses. In other words, there could be mandatory active jail time (not suspended time) for certain offenses.
As a Fairfax DWI Lawyer
and Local Fairfax Criminal Attorney…
I have found that most of my clients and potential clients charged with driving while intoxicated seek to minimize–or altogether avoid–jail, if possible. This separates a Virginia DWI from most other offenses (like reckless driving, a Class 1 misdemeanor).
In-part, the variance depends upon whether or not the case may result in a first conviction, second conviction, third, or fourth (or more). This, in addition to other factors combine to create a complex legal area, where jail time and fines can vary tremendously. Other factors come into play, too. Perhaps one of the biggest factors is the relative state of drunkenness…measured by BAC, or blood alcohol content.
Other extremely relevant factors include:
- the time frame between offenses
- whether or not a minor was in the vehicle
- whether or not the driver had a valid, suspended, or revoked operator’s license
As a Fairfax DWI lawyer and criminal attorney in Fairfax, VA, I make it clear to those who consult my firm that this offense is unique in the sense that a person could be facing no mandatory jail time, or up to a full year of mandatory jail time.
It all depends upon the individual’s unique facts, circumstances, and prior record. For this reason, I highly suggest any person reading this who is facing a pending charge to promptly contact a local Fairfax criminal lawyer. I have published this article so those of you in my community will realize how important it is to seek counsel. Not only is a monetary fine, jail sentence, and license suspension or revocation immediately implicated, but long-term employment-related concerns must be addressed. I have encountered too many people who have made the mistake of appearing in court without an attorney, only to be found guilty and thus ineligible to expunge a record.
To be clear, when we use the term, mandatory minimum, we refer to active (non-suspended) jail time. Time that has to be served upon conviction, and by which the judge has no discretion to eliminate when sentencing a convicted individual.
The good news:
as a Virginia and Fairfax DWI lawyer…
there are defenses…
But to evaluate any person’s applicable defense theories, I need to meet in-person. At the very least, a phone consultation is necessary. Although my criminal defense law firm does offer online case evaluations, it is difficult to provide a flat-fee quote without meeting in-person. Some local Fairfax DWI lawyers will provide a consultation via telephone or internet in some cases, but it will likely be a ball-park figure as opposed to a very specific, tailored quote. Quite simply, your local Fairfax DWI lawyer is much like a doctor. The right remedy or prescription depends upon the individual: the person’s goals, past, and present circumstances all must be assessed. If you were suffering from an illness, would you seek a doctor who could only talk to you by telephone? Probably not. You would want to see your doctor in person. The exact same principle is true when it comes to criminal defense attorneys.
The Vincenzes Law Firm Fairfax DWI Lawyer Infographic
For much more DWI information, visit the DUI defense page. For a bit more about our Fairfax criminal attorney, learn about Brenton D. Vincenzes. Reach out and send our Virginia DWI and criminal defense firm a message today, and we will be in touch.
You may reach us via our local number, at 703.665.3719, or toll free, at 888.695.6565. Our Virginia and local Fairfax DWI lawyer is here to serve, not to judge.
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