DISCLAIMER: The below listed example Actual Virginia DUI and DWI cases are presented for informational purposes only. Every case result depends on a unique variety of factors that are specific to a particular case. An outcome in a previous case does not guarantee future results nor a predictor of what may happen in your case.

Below are example recent DUI Virginia case results obtained for clients.

Case:

Defendant charged with DUI (First) w/ elevated BAC of greater than .20.  Defendant’s actual BAC was close to .30 BAC.   Defendant allegedly almost hit 2 vehicles including an occupied marked police vehicle.   Defendant was looking at minimum mandatory jail time of 10 days because of the .20 BAC elevated BAC.

Outcome:  Defendant avoided the elevated BAC and minimum mandatory jail time, instead was convicted of simple DUI (First) with 1 weekend of jail.  

Case:

Defendant was found asleep at the wheel on the opposite side of the road.  Defendant was charged with DUI (First offense) with BAC of greater than .20 that would of carried mandatory minimum jail time of 10 days.

Outcome:  DUI was dropped to a simple DUI without elevated BAC and defendant received no active jail time.

Case:

Defendant charged with DUI (2nd offense w/ 5 years w/ elevated BAC).  Defendant was looking at minimum mandatory jail time of 30 days.

Outcome:  DUI Charge was dismissed on a granted motion to suppress the evidence due to there being no reasonable suspension based on articulate facts for the stop, in violation of the fourth amendment of the US Constitution.

Case:

Defendant charged with DUI (First offense).  Case involved accident and elevated BAC.

Outcome:  Charged reduced to Reckless Driving

Case:

Defendant charged with 2nd DWI, 2nd offense, w/5 yrs.; driving on suspended license and FTA.  Defendant if convicted of the DUI and all other charges could of been looking at up to 3 years in jail, with 20 days mandatory minimum.

Outcome:   FTA and driving on suspended dismissed.  DWI (2nd offense) REDUCED to Reckless Driving.  No active jail time.

Case:

Defendant:  Charged with DUI (First), Reckless Driving based on speed, 95 miles in a 55 posted speed limit, Refusal.

Outcome:  Defendant found guilty of Reckless Driving (General).  The Reckless Driving based on speed and Refusal dropped.  No active jail time.

Case:

Defendant charged with DWI (First) and Refusal.

Outcome:  DWI charge DISMISSED.

Case:

Defendant charged with DWI (First), BAC .09. Speeding, did well on FSTs.

Outcome:  Charge dropped to Reckless Driving

Case:

Defendant was charged with a DUI, BAC .14, driving down the wrong way on street. Defendant had a prior DUI within a 5 year period.

Outcome:   Defendant walked away with NO active jail time.

Case:

Defendant charged with DUI (First) with PBT  over .25 BAC and Reckless Driving, 102/60.  At that speed alone, judges in Hampton give active jail time (rule of thumb is 1 day of jail for every mile at 90 and above).   But the combination of the above speed and a DUI can be explosive as to penalties.

Outcome:  No active jail time.  Reckless Driving was dropped.

Case:

Single vehicle accident, BAC of .19, did poorly on FSTs.  Looking at minimum of 5 days mandatory jail time.

Outcome:    No active jail time.  Mandatory jail time was struck from the case.

Case:

Defendant charged with DWI (First, BAC .12).  Allegation was that he went across the line while driving.  There were issues with the FSTs that favored the defense.

Outcome:  Charge dropped to a wet reckless driving.

Case:

Defendant charged with DUI First Offense, with an elevated BAC of .21, which carries mandatory 10 days in jail.  The defendant got into a one-vehicle accident during the daytime and did poorly on the FSTs.

Outcome:  Court dropped the .21 language, and my client avoided any active jail time.

Case:

Defendant charged with DWI First offense and Refusal.  There were strong indicators of impairment (e.g. vomited, did poorly on FSTs).  He had a professional license from the Commonwealth that was at risk in the event of a DWI conviction.

Outcome:  Charge reduced to Reckless Driving.  Refusal charge was dropped.

Case:

Defendant charged with 3rd offense DWI (Felony) within 5 years + Reckless Driving alleging 90+ speeds.  3rd offense DWI conviction within 5 years carries mandatory minimum jail time of 180 days, 5 years revocation of license, possible forfeiture of the vehicle driven.

Outcome:  Felony DWI 3rd offense w/5 years dropped to DWI 2nd offense w/5 years, jail time 20 days.  Reckless Driving charge dismissed.

Case:

Client got into head-on-collision with another car.  Charged with DUI (First) with BAC above a .20 (10 mandatory jail time if convicted with BAC .20).

Outcome:   .20 BAC language in the charging document was struck by the court.  Client convicted of DUI (First) with no active jail time even though client caused head-on-collusion.

Case:

Client charged with DUI with BAC above .20.  Client had two prior DWI/DUIs in the past 10 years. Conviction for the current DUI as a third offense would of been a FELONY and carried months of mandatory jail time.

Outcome:  A plea deal was worked out where the Defendant plead to a 2nd DUI offense within 10 years and avoided a felony conviction and months of mandatory jail time.

Case:

Client charged with DWI (First), Concealed Weapon and Reckless Driving.  Client allegedly was driving on wrong side of the road on to upcoming traffic resulting in 2 vehicle accident.

Outcome:  Convicted of Reckless Driving.  DUI and Concealed Weapon were dropped.

Case:

Client charged with DUI (First) involving a one vehicle accident.

Outcome:  Client convicted of reduced charge of Reckless Driving.

Case:

Client charged with DUI (2nd) w/5-10 yrs, Refusal (2nd), driving on suspended and Reckless Driving.  DUI involved accident.

Outcome:  DUI (2nd) reduced to DUI (first).  No active jail time.  All other charges dropped.

Case:

Client charged with DUI (First), preliminary breath test of greater than .30 BAC.

Outcome:  Client avoided mandatory jail time.

Case:

Client charged with DUI (First), single vehicle accident, blood draw resulting in BAC of .19

Outcome:  Client avoided mandatory jail time.

Case:

Defendant charged with DWI 2nd offense w/ 5 years in Virginia Beach, which carries mandatory jail time of 20 days.

Outcome:  Was able to effectively argue that there was an issue with the prior DWI offense and the court reduced the charge to DWI 2nd offense in 5-10 years, which carried minimum jail time of 10 days.  My client got the minimum.

Case:

Defendant charged with DWI (First) with elevated BAC .16 which carries 5 days mandatory jail time.  Defendant also got into an accident.

Outcome:  Elevated BAC was struck and the Client avoided any active jail time.

Case:

Defendant:  Charged with first time DUI offense, BAC .10.   Pulled over for failing to maintain lane.  Did well on the ABC and count down test.  Did not do well on the standardized FSTs, but he informed the officer he had medical issues with his legs.

Outcome:  DUI was reduced to a reckless driving.

Case:

Defendant:  Charge with DWI (First) with BAC of .15.  If convicted of the original charge, client would be facing 5 days mandatory jail time.  Client ran a red light and there were substantial indicators of impairment.

Outcome:  The prosecutor dropped the .15 BAC language and my client avoided any active jail time.

Case:

Defendant:  charged with DUI (First), Refusal.  Had prior DUI conviction outside of the prior 10 years.

Outcome:  Refusal Dropped.  DUI reduced to Reckless Driving.

Case:

Defendant: charged with DUI (First).

Outcome:  DUI dropped to Reckless Driving.

Case:

Defendant:  charged with DWI (First) w/ minor child in car, Refusal, Delinquency of minor.   Defendant was found in the middle of the road passed out, vomit in the vehicle.  Did poorly on all FSTs.  Having a minor child in a vehicle during a DWI, carries 5 days mandatory jail time.

Outcome:  Avoided any active jail time.  Minor child language dropped from the DWI charge.  Refusal dropped.  Delinquency of minor charge dropped if defendant is on good behavior for a certain period of time.

Case:

Defendant:  Charged with DUI, first, with BAC of .15+.  Was looking at 5 days mandatory minimum jail time if convicted with alleged BAC.

Outcome:  Case concluded with client avoid mandatory minimum jail time, because defense was successful in arguing that there was a period of time when the defendant, after getting out of his car, was not in sight of the officer and could of consumed alcohol.

• DUI and DWI are the same thing and charged under the same Virginia Code statute, 18.2-266.  I use those terms interchangeably.