Administrative License Suspension for DUI in Virginia
Many people are subject to an administrative license suspension for DUI in Virginia even before they have even attended their court date. When a defendant is arrested for driving while intoxicated in Virginia there are a number of circumstances under which there will be an automatic administrative license suspension. The administrative suspension will issue in any of these three circumstances:
(1) the result from the breath test are a .08 or higher, or
(2) for a person under the age of 21 the result is a .02 or higher, or
(3) the defendant refused the breath test.
The administrative license suspension for DUI in Virginia on a first offense lasts for 7 days. For a second driving while intoxicated charge, the suspension lasts for 60 days. If the defendant is charged with third or subsequent driving while intoxicated, the suspension lasts until the date of trial.
A defendant can challenge the administrative license suspension for DUI in Virginia in the court that has jurisdiction over his or her charge. If the person proves to the court by a preponderance of the evidence that the arresting officer did not have probable cause for the arrest, that the magistrate did not have probable cause to issue the warrant, or that there was not probable cause for issuance of the petition, the court must rescind the administrative license suspension.
License Suspension for DUI in Virginia After Conviction
If you are convicted, you will be subject to a further license suspension for DUI in Virginia. By law, the minimum license suspension period is 12 months for a first DUI in Virginia. Also, since July 1, 2012, all individuals convicted of DUI in Virginia are required to install an ignition interlock device on their vehicle. The interlock for Virginia DUI applies to even a first offense and must remain on the vehicle for at least 6 months. The interlock tests the driver’s breath before allowing the car to start, and conducts rolling breath tests during the operation of the vehicle. The costs of installing and maintaining the interlock device are shouldered by the driver.
The attorneys at Henson Pachuta, PLLC are experienced with defenses and license suspension for DUI in Virginia. We offer free consultations. With information about the details of your case, we can help to explain the license suspension for DUI in Virginia that may apply to you and whether there are arguments for having the suspension rescinded. Contact us by phone at 703-822-4701 or come to our office at 4011 Chain Bridge Road, Suite 200, Fairfax, Virginia 22030.