Legal Question in DUI Law in Virginia

no license

If someone got arrested for driving under influence with no license,or insurance on the car gets arrested the first time but then drives again with no license or insurance and get in an accident how long would he stay in jail for?


Asked on 3/23/06, 3:28 pm

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: no license

Driving without insurance is not a jailable offense. Driving without a licene is likewise not a jailable offense. Getting into an accident, in and of itself is not a jailable offense, but if they charged you with reckless driving AFTER having been found guilty of DUI you're in trouble in two ways. First if you were driving after your license had been suspended, that charge (Driving on a Suspended privilge) is a Class 1 misdemeanor, as is Reckless Driving (possible 12 mos/$2500), which ordinarily wouldnt carry any jail time but since it occured when your license was suspened, you can expect a short sentence (like a weekend) on any charge obtained as a result of the accident.

The second bad news is that usually a first offense DUI carries with it a suspended jail sentence. This sentence was suspended on the condition that you obey all laws. Driving on a suspended license is a violation of that condition and you can be brought back before the judge that sentenced you on the DUI to get some of that suspended sentence back.

Good luck.

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Answered on 3/23/06, 3:51 pm


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