There is no scenario that should result in a conviction of all three.
That’s three (3) Class 1 Misdemeanors with a potential 1,095 days in jail, $7,500 in fines, and a 3-year license revocation! If you were caught driving with a BAC of greater than 0.02, had no ignition interlock, and were outside your license restrictions, then chances are you were (incorrectly) charged with all three subsections ((a), (b), and (c)) of 18.2-272. This code section is confusing to lawyers, judges, magistrates, and to law enforcement officers alike. You may also have been driving without a required ignition interlock device, or were driving with a Breath Alcohol Content of 0.02 or more while on a restricted, suspended, or revoked license. If you have been charged with this then you were probably stopped by the police and your license was suspended because of a DUI or Breath Test Refusal conviction, or you were driving outside your court ordered restrictions from a DUI conviction. Simply, if you are revoked, suspended, or restricted because of a DUI, then: 18.2-272(a) says you can’t drive outside your restrictions 18.2-272(b) says you can’t drive with a BAC of 0.02 or more, and 18.2-272(c) says you can’t drive without an ignition interlock installed. These charges are not to be taken lightly. A third violation of this section within 10 years of two others is a Class 6 Felony. A single violation of 18.2-272 is a Class 1 Misdemeanor facing a potential 365 days in jail, a $2,500 fine, and a mandatory one-year license revocation. The dreaded 'Driving While Revoked - DUI Related' charge under Virginia Code Section 18.2-272 is often a close second to being a “habitual offender” as far as license violations go. The drastic results include lengthy jail sentences, multiple years of consecutive license revocations, and exposure to future felony charges for driving. But the unwary are often convicted of all three. Were you Charged with a violation of Virginia Code 18.2-272(a), (b), and (c)? How can this be? In short, it can’t. Overweight Citations & Hauling Violations.Wolcott | Rivers | Gates Individual Client Services Individual Client Services.Wolcott | Rivers | Gates Real Estate Real Estate.Regulatory Compliance & Export Controls.Wolcott | Rivers | Gates Business Services Business Services.Wolcott | Rivers | Gates Practice Areas Practice Areas.Wolcott | Rivers | Gates Our Attorneys Our Attorneys.Wolcott | Rivers | Gates Careers Careers.Wolcott | Rivers | Gates About the Firm About the Firm.