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What is the penalty in Va. for a 1st offense DWI and paraphernalia charge, would I need an attorney
Anonymous4 views3 answers
My son was arrested for DWI and the officer found paraphernalia in a duffle bag in the vehicle he was driving long with a small amount of marijuana, this is the first offense on all charges. What type of penalty is he facing and should he have an attorney present at his arraignment. Althought he lives in my house he is a legal adult and pays all of his own bills.
First offesne DWI is punishable by 12 months in jail, a $2,500 fine, and 12 months loss of license. If he was also charged with possession of marijuana, first offense, it is punishable by 30 days in jail, a fine, and a mandatory 6 months loss of license.
A first offense DUI in Virginia is a class 1 misdemeanor criminal offense, punishable by up to 12 months in jail, a fine of up to $2,500 and a mandatory 12 month license suspension. In addition, if a breath or blood test indicates a BAC of 0.15 - 0.20, there is a 5 day mandatory minimum jail sentence which must be served. This mandatory jail sentence doubles to 10 days is the BAC is found to be 0.21 or more. In addition, if there was a young passenger in the vehicle there is an additional mandatory jail sentence and fine.
A first offense of Possession of Marijuana in Virginia is an unclassified misdemeanor offense, punishable by up to 30 days in jail, a fine of up to $500 and a mandatory 6 month license suspension. In addition, offenders are usually ordered to complete a substance abuse evaluation and complete any recommended treatment.
Possession of Drug Paraphernalia is also a class 1 misdemeanor criminal offense, punishable by up to 12 months in jail, a fine of up to $2,500, but it does not include a license suspension.
He should absolutely have an attorney to fight these charges. These are serious misdemeanor offenses, and convictions can have far reaching consequences.
T. Kevin Wilson, Esq.
The Wilson Law Firm
DUI & Criminal Defense…When Results Matter
9300 Grant Avenue
Suite 301
Manassas, Virginia 20110
Telephone 703-361-6100
Telephone 888-DUI-LWYR
Facsimile 703-365-7988
Web: www.TheWilsonLawFirm.org
Member, National College of DUI Defense
Member, Virginia Association of Criminal Defense Lawyers
Member, National Association of Criminal Defense Lawyers
For a FREE copy of the Virginia DUI / DWI Arrest Survival Guide: The Guilt Myth, a consumer guide written by a nationally recognized Virginia DUI Defense Lawyer, visit www.TheWilsonLawFirm.org.
