Legal Question in DUI Law in Virginia

Hello,

I received a DWI last night, i was stopped for no apparent reason and passed the sobriety test but my BAC came up 0.09 so i was taken to jail. This is my first offense. My question is: what can be the possible outcome when i go to court? Is jail time mandatory for first offense?

It happened in Richmond Virginia and the Virginia Crime code is DWI-5413-01.

Thank you in advance for your help


Asked on 6/26/11, 6:22 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, jail is not mandatory in the Commonwealth in a DUI case for a first time offender with a BAC of .09.

Additionally, if there was no probable cause for the stop, the

results of the BAC may be subject to suppression.

You should retain, however, the services of a competent criminal defense

counsel to have some reasonable assurance of obtaining the optimum

disposition available under the facts and applicable law of your particular case.

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Answered on 6/26/11, 6:49 am


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