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In this video, James Abrenio walks you through factors that make jail time more likely if you are facing a first DUI in Virginia.  Those factors include:

  • Elevated blood alcohol levels:  In Virginia, a .08 BAC leads to a permissible inference that you are DUI.  Therefore, if your case involves an allegation of over .08 BAC, jail time becomes more likely as the BAC level increases.  For instance, at .15, Virginia law requires a mandatory minimum jail sentence of five (5) days.  That means at the .15 threshold, and you WILL do a MINIMUM of five (5) days if convicted.  Obviously, jail time could be longer depending on the facts of each case.
  • Dangerous driving behavior: If your alleged DUI involves an accident, near accident, extremely high speeding or other dangerous driving behavior, the Court is more likely to look at jail as a form of punishment.  If your alleged DUI involves dangerous behavior, it is something you must inform your attorney up front so that he or she can address that in their analysis.
  • Prior DUIs: Obviously, if you have been convicted of prior DUIs, the Court will look for jail as punishment because the first conviction will be viewed as not to have “worked.”  In fact, Virginia imposes a tiered mandatory jail sentence depending on your record.  James lays the details of this sentencing structure in his book, “I’ve Been Arrested for a DUI in Virginia, Now What? “  Feel free to contact him for a FREE copy.

This I not an exhaustive list, and you must consult an attorney to discuss your case.  For more information, give James a call for your FREE CONSULTATION.

Brian Glass
Virginia personal injury lawyer selected to SuperLawyers Rising Stars List and the NTLA's Top 40 Under 40.