Will Getting a DUI with a Suspended License Increase the Penalties?

A conviction for driving under the influence (DUI) in Virginia can include multiple harsh penalties, including possible jail time, mandatory alcohol safety education program, and fines. However, a DUI conviction can also result in a revoked or suspended driver’s license. When a driver is charged with another DUI while their driver’s license has been suspended or revoked, they will face more severe penalties if they are convicted. 

Your License Can Be Suspended or Revoked After a DUI Charge

In Virginia, if you are arrested for a DUI, you will face an administrative license suspension imposed by the Department of Motor Vehicles (DMV). Your driver’s license will be suspended right away if you refuse a breathalyzer test or if your blood alcohol concentration (BAC) is 0.08% or above. 

For a first-time offense, an administrative suspension lasts seven days. For a second DUI offense, the suspension will last 60 days or until your trial, whichever comes first. In the case of a third offense, your license will be suspended until your trial is finished. If you are convicted of a DUI, the court can impose additional license suspensions, fines, and possibly jail time.

Driving with a Suspended License in Virginia

Driving on a suspended or revoked license in Virginia is a criminal offense with significant legal repercussions. In Virginia, a suspended license means the driver’s driving privileges have been temporarily halted due to previous traffic infractions. On the other hand, a revoked license permanently removes driving rights due to severe violations, such as multiple DUI convictions. Driving a vehicle with a revoked or suspended license is a Class 1 misdemeanor. In Virginia, a Class 1 misdemeanor conviction can result in penalties of up to 12 months in jail and/or a fine of up to $2,500. A conviction for driving with a suspended license will lead to a permanent criminal record, affecting future employment and housing opportunities. 

Increased Penalties for DUIs While Driving with a Suspended License 

Driving with a suspended license while under the influence of drugs or alcohol is a serious crime that will lead to increased penalties under Virginia law. Courts view DUIs with a suspended license as particularly reckless behavior because it signifies a disregard for previous legal restrictions and poses a heightened risk to public safety. 

Courts can impose stricter penalties in these situations. Specifically, a defendant can face penalties for the most recent DUI charge and penalties for driving with a suspended license. DUI penalties increase significantly when the defendant has already been convicted of one or more previous DUIs.

When a defendant is convicted of both DUI charges and for driving with a suspended license, they can face severe consequences, including hefty fines, extended license suspension, and a longer jail sentence. The court may revoke the defendant’s driver’s license. These penalties can severely harm an individual’s personal and professional rights.

Contact an Experienced DUI Attorney in Fairfax, Virginia

If you’re facing criminal charges for a DUI with a suspended or revoked driver’s license, understanding the heightened penalties is crucial. You’ll benefit from speaking to a skilled defense attorney as soon as possible. The DUI defense attorneys at Surovell, Isaacs, & Levy, PLC are prepared to provide you with a rigorous legal defense while pursuing the best outcome possible in your case. We represent clients throughout Northern Virginia. Contact Surovell, Isaacs, & Levy, PLC to schedule an initial consultation.

Posted in: DUI