When charged with driving under the influence or DUI, you need to have basic questions answered on your part. These questions range from whether or not this is your first DUI to if you have another criminal charge. The answers to these questions are important because it will determine your sentence when you go on trial for your DUI arrest. Is a Fairfax County VA DUI a misdemeanor? In Fairfax, VA, DUI charges should not be taken lightly because with enough evidence, your first charge can result in serious consequences. These consequences range from a hefty fine, a stain on your criminal record, 12 months of license suspension, to jail time. After considering these, you should ask yourself a few questions.
What is a misdemeanor? A misdemeanor is a conviction where the offense is minor and not that serious. There are four classes of misdemeanors where class 3 and 4 result in a fine, whereas class 1 and 2 result in a bigger fine along with six months to a year of jail time. The more serious convictions turn into felonies where maximum punishment can result in the death sentence.
When is VA DUI a misdemeanor? A misdemeanor usually is applied to your first two DUI charges, granted you have a clean criminal record; there is usually a small fine and deduction of points. But if you have a third DUI arrest within ten years, then it will be considered a felony. Another thing to consider is if your drunk driving caused an accident that damaged property, limb, or life because your first time DUI can result in a felony of serious consequences.
What should you do to fight your case as best possible? You should consider the option of hiring a Fairfax, VA criminal lawyer that specifies in drunk driving. He/she will fight your case as strongly as possible because he/she knows that Virginia law and judges lean towards the prosecutor’s side and have little sympathy for those convicted. You will need to provide everything your lawyer asks you for because that helps bolster your argument.