Legal Question in DUI Law in Virginia

question about dui

my sister in law got arrested for a dui 2 days ago she had her son in the car with her i wanted to know is there mandatory jail time for that? we live in virginia and the county was hanover.

Asked on 12/01/07, 4:10 pm

2 Answers from Attorneys

Charles Homiller Jimison/Homiller, PLC
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Re: question about dui

Mandatory jail time only applies to a DUI if there is a BAC .15 or higher, or if the individual has previously been convicted of a DUI in the last 10 years. There could be a separate felony charge for child endangerment, but that does not carry mandatory incarceration.

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12/01/07, 4:36 pm
Michael E. Hendrickson Attorney & Counsellor at Law
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Re: question about dui

Virginia Criminal Code Sec.18.2-270(D)

reads as follows:

In addition to the penalty otherwise authorized by this section or Sec.16.1-

278.9, any person convicted of a violation of Sec. 18.2-266(DUI) committed while transporting a person 17 years of age or younger shall be (i)

fined an additional minimum of $500 and not more than $1000 and (ii)sentenced to a mandatory minimum period of confinement of five days.

(The foregoing would appear to be applicable even if the BAC of the accused was less than .15 and she had no prior convictions for DUI.)

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12/01/07, 4:57 pm

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