Ashburn, Virginia DUI Attorney

Former Attorney Gets 9 Year Sentence for Killing Two While Driving Drunk

            Recently, a former Ashburn, Virginia attorney who pleaded guilty to killing a husband and wife in a 2013 drunk driving crash was sentenced to nine (9) years in prison (20 years for each aggravated involuntary manslaughter with all but 4 years suspended on each, in addition to 1 year for the DUI charge).  The Defendant, Mark Anthony Sgarlata, was found to have had a blood alcohol concentration (BAC) of 0.15, almost twice the legal limit in Virginia of 0.08.  Sgarlata’s car hit the two victims, who were riding a motorcycle on Ashburn Farm Parkway, as he was turning left into the Junction Plaza shopping center.  Back in August, Mr. Sgarlata pleaded guilty to two counts of aggravated involuntary manslaughter and a charge of driving drunk.  Sgarlata had previously been arrested in 2011 for suspicion of DUI, which led to a guilty finding of reckless driving.  As a result, he avoided jail time and was required to listen to victims of drunk drivers tell their story and write about the impacts from those cases.  For each charge in the 2013 case accident, the Loudoun County Circuit Court Judge implemented the maximum sentence, but suspended most of the prison term under conditions that the Defendant avoids any other future charges and participates in community awareness for drunk driving once released from prison.

If you have been arrested for a DUI/DWI it is important that you consult an experienced Virginia DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.  Portner & Shure has a satellite office in Ashburn, Virginia to serve our DUI/DWI clients.

If you or a family member has been charged with DUI or DWI in Ashburn, Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Consequences of Multiple Subsequent DUIs in Virginia

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Virginia’s penalties for a first-time DUI are among the most severe in the country.  Penalties resulting from multiple DUI offenses become harsher with each subsequent conviction.  For a first time DUI charge, the person is given a seven (7) day administrative suspension of their driver’s license.  There is also a mandatory minimum $250 fine and a license suspension for one year.  In addition, there is a mandatory enrollment and completion in an Alcohol Safety Action Program (VASAP) and use of an ignition interlock device in your vehicle.  These penalties worsen if the driver’s blood alcohol concentration is between 0.15 and 0.20 (an additional five days in jail) or greater than 0.20 (an additional ten days in jail).

In Virginia, the penalties for a second or subsequent DUI conviction are determined by how much time has passed since the prior DUI conviction.  A second DUI conviction within ten (10) years of a prior DUI means there is a mandatory minimum ten (10) days in jail and license suspension of three (3) years.  A second DUI conviction within five (5) years of a prior DUI means a mandatory minimum jail sentence of twenty (20) days with a minimum of three (3) years license suspension. 
However, if the BAC is between 0.15 and 0.20, the jail sentence is increased by an additional twenty (20) days.  With each subsequent DUI conviction, the minimum mandatory jail time increases and the license suspension time can potentially increase to an indefinite period of time.  The maximum jail penalty for a second DUI conviction can be up to one year.

More than two DUI convictions carry even heavier penalties depending on when the subsequent conviction occurred in comparison to the prior conviction.  There is a minimum six (6) month jail sentence and permanent vehicle forfeiture for a third DUI conviction within five (5) years.  There is a minimum three (3) months in jail and permanent vehicle forfeiture for a third DUI conviction within ten (10) years.  Finally, there is a minimum twelve (12) month jail sentence and permanent vehicle forfeiture for a fourth subsequent DUI conviction.

It is imperative that you hire an experienced Virginia DUI attorney if you have subsequent DUI offenses.  If you have been charged with your second or a subsequent DUI, the penalties increase substantially and an experienced Virginia DUI attorney can work hard to limit these consequences.  Our Experienced DUI attorneys have extensive knowledge necessary to walk you through the process and increase the possibility of a favorable outcome.


If you have been charged with DUI or have been charged with a subsequent DUI offense and would like to speak with a top rated Virginia DUI lawyer, call us today at (703) 916-1227 for a free consultation.