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DUI Penalties

Fairfax DUI Penalties: A Comprehensive Guide to Understanding the Consequences and Legal Ramifications

Offense Level Penalties
First Offense
  • Class 1 Misdemeanor
  • Fine: $250-$2,500
  • License Suspension: 12 Months
  • ASAP Enrollment
  • Possible Jail Time: Up to 12 Months
Second Offense
  • Increased Penalties
  • Fine: $500-$2,500
  • License Suspension: 3 Years
  • ASAP Enrollment
  • Mandatory Minimum Jail Time: 10-20 Days
Third Offense
  • Class 6 Felony
  • Fine: $1,000-$2,500
  • License Suspension: Indefinite
  • ASAP Enrollment
  • Mandatory Minimum Jail Time: 90 Days-6 Months
Fourth or Subsequent Offense
  • Class 6 Felony, Increased Penalties
  • Fine: $1,000-$2,500
  • License Revocation: Permanent
  • ASAP Enrollment
  • Mandatory Minimum Jail Time: 1 Year


This article will outline the various penalties associated with DUI offenses in Fairfax and offer guidance on how to navigate the complex legal system.

DUI Offenses and Penalties in Fairfax

First Offense DUI

A first-time DUI offense in Fairfax is classified as a Class 1 misdemeanor. The penalties for a first offense may include:

  • A fine of $250 to $2,500
  • A 12-month driver's license suspension
  • Mandatory Alcohol Safety Action Program (ASAP) enrollment
  • Possible jail time of up to 12 months

Second Offense DUI

A second DUI offense within 10 years of the first is considered a more serious violation. Penalties for a second offense can include:

  • A fine of $500 to $2,500
  • A three-year driver's license suspension
  • Mandatory ASAP enrollment
  • Mandatory minimum jail time of 10 days to 20 days, depending on the time between offenses

Third Offense DUI

A third DUI offense within 10 years is classified as a Class 6 felony. Penalties for a third offense may consist of:

  • A fine of $1,000 to $2,500
  • An indefinite driver's license suspension
  • Mandatory ASAP enrollment
  • Mandatory minimum jail time of 90 days to six months, depending on the time between offenses

Fourth or Subsequent Offense DUI

A fourth or subsequent DUI offense within 10 years is also a Class 6 felony, with increased penalties:

  • A fine of $1,000 to $2,500
  • Permanent driver's license revocation
  • Mandatory ASAP enrollment
  • Mandatory minimum jail time of one year

Enhanced Penalties for DUI Offenses

In some cases, additional factors can lead to enhanced penalties for DUI offenses:

Elevated Blood Alcohol Concentration (BAC)

If a driver's BAC is 0.15% or higher at the time of the offense, they will face mandatory minimum jail time:

  • First offense: 5 days
  • Second offense (within 10 years): 10 days

If the BAC is 0.20% or higher, mandatory minimum jail time increases:

  • First offense: 10 days
  • Second offense (within 10 years): 20 days

DUI with Minor Passenger

If a driver is convicted of DUI with a passenger 17 years old or younger, they will face additional penalties:

  • A mandatory minimum fine of $500
  • Mandatory minimum jail time of five days

Potential Long-term Consequences of DUI Convictions

A DUI conviction can have long-lasting effects on an individual's life, including:

  • Increased car insurance rates
  • Employment difficulties
  • Loss of professional licenses
  • Immigration consequences

Defending Against DUI Charges in Fairfax

  1. Tyler Bezilla understands the complexities of DUI cases and can provide expert guidance on possible defense strategies, such as:
  • Challenging the legality of the traffic stop
  • Contesting the accuracy of field sobriety tests
  • Disputing the validity of breathalyzer or blood test results
  • Providing guidance on acquiring mitigating evidence

DUI Expungement and Restoration of Driving Privileges

In some cases, it may be possible to seek expungement of a DUI conviction or restoration of driving privileges. R. Tyler Bezilla can assist in evaluating your eligibility for these options and guide you through the necessary steps.

Expungement of DUI Convictions

Expungement is a legal process that removes a conviction from your criminal record. To be eligible for expungement in Virginia, you must meet certain criteria, such as:

  • The charge was dismissed or you were acquitted
  • You were granted an absolute pardon for the crime

It is important to note that a successful expungement does not automatically restore your driving privileges. You must still complete the required steps for reinstatement of your driver's license.

Restoration of Driving Privileges

After serving the required suspension period and completing any mandated programs, you may be eligible to have your driving privileges restored. The process for license reinstatement typically involves:

  • Completing a driver improvement clinic
  • Paying all outstanding fines and fees
  • Providing proof of financial responsibility (e.g., an SR-22 insurance certificate)
  • Submitting a reinstatement application to the Virginia Department of Motor Vehicles (DMV)

Tyler Bezilla can help you navigate the process and ensure you complete all necessary requirements for license reinstatement.

Preventing DUI Charges: Tips for Responsible Driving

To reduce the risk of facing DUI charges, it is essential to practice responsible driving habits. Some tips to avoid driving under the influence include:

  • Designate a sober driver when attending social events where alcohol will be consumed
  • Utilize rideshare services, taxis, or public transportation if you have been drinking
  • Avoid consuming alcohol on an empty stomach, as this can lead to faster absorption into your bloodstream
  • Be aware of the effects of prescription medications and over-the-counter drugs, as they can impair your ability to drive safely

Remember, the best way to avoid DUI charges is to never drive under the influence of alcohol or drugs.

Get the Legal Representation You Deserve

Facing DUI charges can be overwhelming and have lasting consequences on your life. R. Tyler Bezilla is dedicated to providing you with the legal representation you deserve. He will thoroughly review your case, explore all possible defense strategies, and work tirelessly to achieve the best possible outcome. Contact him today to schedule a consultation and begin the process of protecting your rights and future.

Contact Me Today

Mr. Bezilla is committed to answering your questions about Traffic Offenses, DUI, Criminal Misdemeanors, Domestic Abuse, Sex Offenses, Drug Offenses, Robbery, Burglary, Murder, Theft Crimes, White Collar Crimes, and Civil Matters in Virginia.

I offer a Free Consultation and I'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.