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Phone: (703) 273-2750
McGlone Law Firm, P.C.

Q:
What are the typical penalties for First time DWI/DUI offenses in Fairfax County?

A:

In Fairfax County ONLY

Typical Penalties:
  1. $600 FINE with $300 suspended (Payment of $300 plus $169.00 typical court Costs). The maximum fine for a 1st or 2nd offense DUI is $2500.00.
  2. 30-60 Days in JAIL, usually suspended for first offenders conditioned on good behavior, and meeting all other conditions, and ASAP program completion (maximum jail for DUI is 12 months) NOTE: Accident cases and high breath/blood test cases will often result in part of the jail sentence being imposed, even for a 1st offense DUI.
  3. Suspension of DRIVERS LICENSE is 12 months:
    • a.    A restricted driver’s license is available, (in the discretion of the court) which allows driving to and from work, school, and to the ASAP program; also permission to drive to medical appointments, for visitation, and to take children to daycare. Accidents, high breath tests or other factors may delay court approval of restricted license.
    • b.    Any other driving constitutes driving on a suspended license, another serious misdemeanor offense, but it also triggers imposition of suspended fines and jail time from the original DUI offense.
    • c.    Conviction of Driving on a Suspended License after a DUI suspension also causes additional fines, jail time, and a 1 year additional suspension of license; in the event of such a violation, no restricted driving privileges are available for one full year.
  4. Mandatory participation in Virginia Alcohol Safety Action Program (VASAP):
    • a.   $400.00 Program fee, payable in installments.
    • b.   The program lasts 10 weeks, requiring two hours of class per week, in the evening, on Saturday, or daytime, depending on your job or school schedule.
    • c.   Transfer to another county or state may be available.
    • d.   Failure to complete the program (or missing classes, re-arrest, positive test for alcohol, drugs, etc.) will result in return to court to face possible imposition of suspended fines and/or jail time, and further revocation of driving privileges.