Q:My father was arrested for a third DUI offense, only this time he was also involved in a hit-and-run accident. What can we do?
A:Not much, unfortunately. The state of Virginia does not look very kindly on drivers who have incurred multiple DUI convictions, especially if those offenses have transpired in the space of less than five or ten years—and if another serious traffic offense is involved (such as a hit-and-run accident), all bets are off when it comes to the possible consequences.
But wait … in your case, the situation is even worse. If your father is facing a third DUI conviction in Virginia, this almost certainly means that he has flouted the restrictions imposed on him after his first two go-rounds with the legal system. After his second DUI conviction, your father's license was probably suspended or revoked, so the odds are good that during his hit-and-run incident he was driving without a valid license. Your father may also have found a way around the ignition interlock system that the state mandates for repeat DUI offenders in Virginia (under this mandate, the driver of a car has to breathe into a device that measures his blood-alcohol level before he can start the engine).
All things considered, the best an experienced Virginia DUI defense attorney can do is negotiate with the judge and district attorney to avoid a jury trial and secure the lightest possible penalty for your father's multiple DUI offenses. This will likely include at least some jail time, the permanent revocation of his Virginia driver's license, and the seizure of his vehicle. Depending on the circumstances of the hit and run (e.g., whether anyone was injured), the outcome could be even more severe. Questions? Contact the law firm of Jarrell Hicks & Waldman, PC at 888-783-9701 for a free consultation.