CULPEPER COUNTY DUI LAWYER 

Virginia DUI Laws and Penalties

DUI laws in Virginia are strict, and the penalties increase with each offense. All DUI charges fall under Va. Code § 18.2-266, which makes it unlawful to operate a motor vehicle while under the influence of alcohol or drugs. Additional related statutes apply depending on the situation.

First Offense – Va. Code § 18.2-266

• Class 1 misdemeanor

• Minimum $250 fine

• Up to 12 months in jail

• 12-month license suspension

• Additional mandatory jail time if BAC is .15 or higher

How likely is jail time for a first DUI?
For most first-time offenders in Virginia, jail time is not automatic. Judges in Culpeper County often impose fines, probation, and license restrictions instead. However, jail becomes much more likely if your blood alcohol concentration (BAC) was .15 or higher, if there was an accident, or if other aggravating factors were involved. In those cases, the law requires mandatory minimum jail sentences of 5 days if BAC is between .15 and .20, and 10 days if it is above .20. Even if jail is unlikely, a conviction will still leave you with a criminal record and license suspension, which is why a strong defense matters.

Second Offense – Va. Code § 18.2-266

• Class 1 misdemeanor

• Minimum $500 fine

• Up to 12 months in jail

• 3-year license suspension

• Mandatory jail time:

  • 20 days if within 5–10 years

  • 30 days if within 5 years

• Extra time if BAC is .15 or above

How likely is jail time for a second DUI?
Unlike a first offense, jail is mandatory for a second DUI in Virginia. If the prior conviction was within the past 10 years, you face at least 20 days behind bars. If the prior conviction was within 5 years, the minimum is 30 days. A higher BAC can add even more jail time, and judges in Culpeper County have little discretion because state law sets these minimums. That makes it especially important to have an attorney who can examine whether the stop, testing, or prior conviction were handled properly.

Third Offense – Va. Code § 18.2-266

• Class 6 felony

• Mandatory minimum $1,000 fine

• Minimum 90 days in jail (within 10 years)

• Minimum 6 months in jail (within 5 years)

• Indefinite license revocation

• Possible vehicle forfeiture

How likely is jail time for a third DUI?
Jail is not just likely, it is essentially guaranteed. Virginia law makes a third DUI within 10 years a felony, and mandatory minimums start at 90 days. If the prior convictions were within 5 years, the minimum is 6 months. In many cases, the actual sentence is higher, with prosecutors often pushing for active prison time. On top of incarceration, a third DUI brings felony status, indefinite license revocation, and even vehicle forfeiture. These consequences make fighting a third DUI in Culpeper one of the most critical legal battles a person can face.

Other Related Offenses

• Underage DUI – Va. Code § 18.2-266.1

• Refusal to Submit to Testing – Va. Code § 18.2-268.3

• DUI-Maiming – Va. Code § 18.2-51.4

• DUI Involuntary Manslaughter – Va. Code § 18.2-36.1

Building a Defense in Culpeper DUI Cases

No two DUI cases are the same. When you work with Battlefield Law Group, we carefully examine:

• Whether the stop was supported by probable cause

• How field sobriety tests were given

• Whether the breath or blood test was accurate

• Whether constitutional rights were protected

Our attorneys regularly attend national DUI defense conferences to stay current with the latest science behind breath and blood testing. That knowledge allows us to find issues in the Commonwealth’s case that others may overlook.

Why Local Experience Matters

If your DUI was charged in Culpeper, your case will likely be heard in the Culpeper County General District Court. Knowing the judges, prosecutors, and local court procedures helps us guide clients more effectively. Although our office is in Manassas, our attorneys routinely handle DUI cases in Culpeper and the surrounding counties in Northern Virginia.

Our Approach

At Battlefield Law Group, we believe one mistake should not define your future. When you work with our team, you can expect:

• Honest and straightforward advice from attorneys who know the Culpeper courts, including Nicole H. Naum, Esq., Steven L. Duckett, Jr., Esq., and Lili R. O’Connell, Esq.

• Defense strategies tailored to your case, informed by decades of combined trial experience and ongoing training in DUI defense.

• Respectful, compassionate representation from lawyers who treat every client with dignity, not judgment.

• Dedicated advocacy in the courtroom, backed by proven results from Nicole, Steven, and Lili’s years of handling complex criminal and DUI cases across Northern Virginia.

• Transparent fees and open communication, so you always know what to expect and feel supported throughout your case.

Take the First Step Today

If you have been charged with DUI in Culpeper County, do not wait to get legal advice. Call Battlefield Law Group at 571-364-0500 for a confidential consultation. Our 24-hour live answering ensures you can reach us anytime. Se habla Español.

Disclaimer

The information on this page is provided for general informational purposes only and should not be considered legal advice. Past results do not guarantee or predict future outcomes, as every case is unique and depends on its own specific facts and circumstances. If you are facing a DUI charge in Virginia, you should consult directly with an attorney to receive advice tailored to your situation.