Can you end up with multiple DUI charges in one night?
In most cases, getting arrested for DUI will result in a single charge. Depending on the situation, however, it’s possible to get two DUI charges at the same stop.
Cases like these are particularly common in places such as Fairfax, VA. According to the Fairfax County Police Dept, Fairfax already gets one DUI crash every 13 hours. The harsher DUI enforcement is more likely to lead to multiple charges.
Can You Get Two DUI Penalties At Once?
Getting multiple DUI penalties in the same night is rare, but possible. Under DUI laws in Virginia and many other states, this scenario is known as a double DUI.
With a double DUI, a prosecutor can file charges based on two separate theories: impairment DUI and per se DUI. The former is based on the DUI officer’s observations of your behavior. The latter is based on your BAC level.
This is also why it’s possible to be convicted of DUI even if you’re driving normally. The per se rule only concerns the BAC test results. At the same time, you can get an impairment DUI charge even if your BAC level is under the limit.
How a Double DUI Can Happen
With the nighttime DUI risks, double DUI cases are common at night. Here’s an example of a scenario that could see you end up with a double DUI:
An officer notices you driving erratically. After stopping you as part of the DUI arrest process, they notice signs of impairment, such as slurred speech. Based on that, they offer you a breathalyzer test, and you test over the legal limit.
In this case, the prosecutor may use the BAC test result and the officer’s report to file two charges against you. You can still only be convicted of one DUI offense for one incident, but the presence of two charges complicates the situation.
What Is the Most Common Sentence for a DUI?
The legal consequences of DUI in Virginia can be severe, especially for repeat offenders. Some penalties you may end up facing include:
- Heavy fines and fees
- License revocation or suspension
- Jail time or community service
- Interlock Ignition Device (IID)
Can You Beat Multiple DUI Charges?
Even with multiple charges, there are plenty of ways to win your DUI case. This usually involves uncovering errors made by law enforcement officers, such as:
- Lack of probable cause
- Faulty testing procedures
- Poor breathalyzer calibration
The best thing you can do to protect your rights is to seek DUI legal advice. This Fairfax DUI lawyer will analyze your case and look for any errors. They’ll also handle all the paperwork, helping you keep your stress to a minimum.
Hire a Lawyer to Protect Your Rights!
DUI charges in Virginia are already a serious matter. If you end up getting two charges at the same stop, don’t try to face them alone. Contact an experienced lawyer within two weeks of the incident and let them build your defense.
At Majic 102.3, we’re fully aware that DUI cases are a key issue in Virginia. Keep reading our DUI-related content to learn how to avoid these situations!
