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A DUI Lawyer Can Provide the Defense You Need


Driving under the influence can have significant ramifications on your life including loss of your driver's license, hefty financial responsibilities, and potential jail time. Our team can help you strategize a strong defense. David A. Cardon is a DUI lawyer in Virginia Beach, VA, who will use his resources, criminal defense knowledge, and best judgment to help minimize the impact your case will have on your life. If you are looking for dependable, proactive legal representation, contact us online or call us at (757) 306-9060.

What is the Penalty for Your First Time Driving Under the Influence?

A DUI first offense is a class one misdemeanor. The punishment is loss of your driver's license in Virginia for one year, up to a $2500 fine, court costs, and a sentence of up to one year in jail.  You will also be required to install an ignition interlock system in your car that will make sure you can not turn your car on if you have been drinking alcohol. The judge can issue a restricted driving permit to you if you agree to take and complete the Alcohol and Safety Program (ASAP).

The cost of the ASAP program is around $350. The scope of the restricted driving permit varies; however, usually it allows 1. driving to, from, and during work, 2. to and from school, 3. to and from the ASAP program, 4. to and from scheduled medical appointments, 5. transportation of minor child to and from daycare or medical appointments, 6. transportation of elderly parents to and from medical appointments, 7. to and from a religious service once and week, 8. to and from jail if ordered by the judge, and finally, 9. to and from the ignition interlock service provider.

Our team will evaluate the evidence in your case to build a sound defense that will serve your best interest. 

Consequences For Multiple Offenses 

The following is a summary of the punishment you can receive under Virginia law if you are convicted of driving while intoxicated more than once:

0 to 5 years after 1st DUI 5 to 10 years after 1st DUI
2nd Offense
  • $500 to $2500 fine
  • Up to 1 year jail time
  • 20 day minimum sentence
  • Drivers license revoked
  • Restricted license possible after 1 year
  • $500 to $2500 fine
  • Up to 1 year jail time
  • 10 day minimum sentence
  • Drivers license revoked
  • Restricted license possible after 4 months
3rd Offense
  • Class 6 felony
  • Up to 5 years prison time
  • 90 day minimum sentence
  • Driver's license revoked
  • Class 6 felony
  • Up to 5 years prison time
  • 90 day minimum sentence
  • Driver's license revoked
4th Offense
  • Class 6 felony
  • Up to 5 years prison time
  • 1 year minimum sentence
  • Class 6 felony
  • Up to 5 years prison time
  • 1 year minimum sentence
Second Offense - (committed within five years of 1st DUI)
The fine ranges from $500 to $2500. The judge must sentence you to jail for a mandatory 20 days to a maximum of one year. Your license to drive will be revoked for three years.  For the first year, the judge can not grant a restricted license.  For years two and three, the judge can grant a restricted license with the requirement of ignition interlock installation on your car for at least one year.
Second Offense (committed between five and ten years of 1st DUI)
The fine ranges between $500 and $2500. The judge must sentence you to jail for a mandatory ten days up to a maximum of one year. The judge has the power to suspend all but 10 days of the jail time imposed. Your license to drive shall be revoked for three years. The judge has the power to issue a restricted driving permit after four months of revocation if you (1) install an ignition interlock system in your car, and (2) complete the ASAP program.
Third Offense within five years of a prior offense
The punishment is a Class 6 felony.  Up to five years in prison with six months mandatory. Driver's license revoked.
Third or Subsequent Offense within five to ten years of prior offense
The punishment is a Class 6 felony.Up to five years in prison with ninety days mandatory.  Driver's license revoked.
Fourth or Subsequent Offense within ten years of prior offense
The punishment is a Class 6 felony Up to five years in prison with one year mandatory.

What if There was a Minor Present? 

If, for any of the above convictions, you were driving drunk while a child seventeen years old or younger was in the vehicle with you, you will receive a mandatory five (5) days in jail and be fined an additional $500 to $1000 and be sentenced to perform forty hours of community service. If you are convicted a subsequent time, you must complete eighty hours of community service.

A Strong, Pro-Active Defense 

David A. Cardon has dedicated over two decades to providing exceptional criminal defense representation. Our team will evaluate the evidence in your case to build a sound defense that will serve your best interest. If you have been arrested on a DUI charge, contact us online or call us at (757) 306-9060 to schedule a free consultation.  

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At the heart of this practice, we are improving people's lives everyday. My clients often have their job, their assets, and their quality of life residing on these cases, which is why success is not just important, but absolutely crucial.

David A. Cardon PC

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Virginia Beach Office

277 Bendix Rd
Ste 130
Virginia Beach, VA 23452

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