No one ever plans for an Arlington DWI / DUI arrest. The charge of Drunk Driving can be a daunting experience and many people arrested for Arlington DWI / DUI do not know what to expect next. This post seeks to explain the process to help you understand what to expect after your arrest.
If you are charged with a DWI in Arlington, Virginia, you likely want to know what you are facing. If you are charged with DWI / DUI in Virginia under § 18.266 & 18.2-270 of the Code of Virginia, the maximum penalty for a 1st (First) offense is up to 12 months in jail and a fine of not more than $2,500.00. DWI / DUI first offenses in Arlington, Virginia are Class 1 Misdemeanors. A DWI / DUI second offense is still a class 1 misdemeanor but includes mandatory minimum jail sentences and fines. A third (3rd) offense is a felony as is any offense after being convicted of a felony DUI / DWI. Please see the below chart for the mandatory sentences required for DUI Offenses in Arlington, Virginia
Arlington DWI Penalty Chart
| Offense | Sentence | Mandatory Jail Not Subject To Suspension | Fine Min/Max | ASAP | DL Suspension | Restricted DL | Ignition Interlock |
| 1st | 0 – 12 Months | BAC ≥.15 but ≤.20 = 5 days BAC > .20 = 10 days | $250/ $2500 | Required | 12 Months | May Order Immediately | Required |
| 2nd in 5 | 30 Days – 12 Months | 20 Days: BAC ≥.15 but ≤.20 = 10 days BAC > .20 = 20 days | $500/ $2500 Elevated BAC: $1000 Min | Required | 3 Years | After 1 year Suspension | Required |
| 2nd in 10 | 30 Days – 12 Months | 10 Days: BAC ≥.15 but ≤.20 = 10 addt’l days BAC > .20 = 20 addt’l days | $500/ $2500 Elevated BAC: $1000 Min | Required | 3 Years | After 4 month suspension | Required |
| 3rd in 5 [Class 6] | 1-5 Years or 12 Months plus $2500 | 6 Months | $1000/ $2500 | No | Indefinite; May petition court after Min of 5 yrs | May petition circuit court after min of 3 yrs | Yes, at least 6 months upon restoration of DL or with restricted DL during time of Suspension |
| 3rd in 10 [Class 6] | 1-5 Years or 12 Months plus $2500 | 90 Days | $1000/ $2500 | No | Indefinite; May petition court after Min of 5 yrs | May petition circuit court after min of 3 yrs | Yes, at least 6 months upon restoration of DL or with restricted DL during time of Suspension |
| 4th in 10 | 1-5 Years or 12 Months plus $2500 | One Year[& probation for time operator’s license is suspended but not > 3 years. | $1000/ $2500 | No | Indefinite; May petition court after Min of 5 yrs | May petition circuit court after min of 3 yrs | Yes, at least 6 months upon restoration of DL or with restricted DL during time of Suspension |
| *If a person convicted was transporting a person ≤ 17 y/o = additional fine of $500 – $1000 and a mandatory 5 days confinement. **Can seek forfeiture of the ∆’s vehicle for a 3rd or subsequent offense within 10 years. | Va. Code § 18.2-166 through § 182-.2-272 | ||||||