Fredericksburg First Offense DUI Penalties

In Virginia, a DUI is a Class 1 misdemeanor, which means the maximum penalty is up to one-year imprisonment. However, a year in prison for a first-time DUI conviction is extremely rare. Someone who has no previous record is not likely going to be facing serious jail time for a DUI offense unless there are other factors involved. Some aggravating factors include an elevated blood alcohol content, a car accident, possession of drugs or weapons, and if the person leaves the scene of an accident.

Fredericksburg first offense DUI penalties could involve a suspended jail sentence. A suspended jail sentence means the defendant has to complete their requirements of a DUI and cannot get arrested in the next year, or they could end up serving that time in jail. This is why it crucial for someone charged with a DUI to call an experienced lawyer who can guide them through the legal process.

Suspension of Driver’s License

Fredericksburg first offense DUI penalties include the suspension of the offender’s driver’s license and having to complete the VASAP (Virginia Alcohol Safety Action Program) course. ASAP is a course that must be taken by everyone who is convicted of DUI and certain drug offenses in Virginia. The course, in total, is 24 hours which is broken down to two hours per week for a 12-week period of time at a cost of $400 to enroll. People who are in ASAP have to attend all the ASAP meetings and have to pass a breathalyzer or urine test as they go along.

Once that they completed the ASAP course another criminal background check is taken and if they were in trouble since the course began, they will have to go to court to explain to the judge what issues they are having with ASAP. It is possible with a DUI to ask for a restricted driver’s license, but that is only available to get someone to and from court, to and from school, to and from work, and other limited circumstances, such as caring for their children.

Courts Treatment of First Time DUI Charges

In general, courts are not very lenient toward DUI charges. Although it is an offense that many people have, and it is common to find people with convictions for DUI, the court does not observe a lot of room for leniency when someone is charged with a first DUI offense. The standard punishments that the prosecutors feel everyone should have to endure are the VASAP course, license suspended, strict probation, and suspended jail time. Most prosecutors want the DUI to stay on their record, and that’s a punishment in itself.

How an Attorney Could Help

If you have been arrested for a DUI and are facing Fredericksburg first offense DUI penalties, you should seek the services of an accomplished lawyer. An attorney could evaluate the facts of the case and give you advice throughout the legal process. A lawyer with experience in DUI cases could possibly mitigate your charges. Call today to schedule a consultation.