Virginia DUID (Drug-related DUI) Lawyer
While most people associate a charge of driving under the influence as involving alcohol, it is possible you may be charged with the same crime if you were driving while under the influence of drugs (DUID).
If you are charged with a DUI in Virginia related to alcohol or drugs, contacting an attorney early in the process can help you protect your rights, as well as better understand the charges you face.
What is a DUID Crime?
Virginia Code Section 18.2-269 makes it clear that the crime of driving under the influence is not solely related to driving while under the influence of alcohol. Rather, section 18.2-269 presumes that a driver was under the influence of drugs if the driver has consumed;
- 02 milligrams or more of cocaine
- 1 milligrams or more of methamphetamine
- 01 milligrams or more of PCP
- 1 milligrams or more of MDMA
Penalties for a drug-related driving under the influence crime in Virginia are related to the number of times you have previously been convicted.
If this is your first offense for driving under the influence, section 18.2-270(A) outlines a penalty of up to 12 months in jail along with a fine ranging from $250 to $2,500.
Second Conviction within 5 Years
If you have prior driving under the influence convictions within the past 5 years, section 18.2-270(B) states that you will face 1 month to 1 year in jail, a fine ranging from $500 to $2,500, and an enhanced penalty of a mandatory minimum of 20 days in jail.
Second Conviction within 10 Years
If you have been convicted of driving under the influence twice within the last 10 years, you will face 1 month to 1 year in jail, a fine ranging from $500 to $2,500, and an enhanced penalty of a mandatory minimum of 10 days in jail.
Third Conviction within 10 Years
If you have been convicted of driving under the influence three times within the last 10 years, then your penalty will increase to a Class 6 felony. In Virginia, a Class 6 felony is punishable by a 90-day minimum sentence along with possible penalties of 1 to 5 years in prison and a $1,000 fine, or, at the court’s discretion, 90 days to 12 months in jail and a fine ranging from $1,000 to $2,500.
Third Conviction within 5 Years
If you have been convicted of driving under the influence three or more times within the last 5 years, then you stand to face a penalty of 1 to 5 years in prison and a fine of $1,000 in addition to a mandatory minimum of 6 months in jail.
How a Virginia DUID Lawyer can Help
A drug-related Virginia DUI charge can generate harsh penalties that necessitate experienced legal guidance. If you want to avoid serious jail time, steep fines, and the loss of your driving privileges, an experienced Virginia DUID lawyer may be able to help.