Driving is considered a privilege in Virginia and if you face a drunk driving charge or related charge, you put your license privileges at risk. Driving while intoxicated is commonly interchanged with driving under the influence. That phrase comes from the text of the law, which states that it shall be unlawful for any person to drive or operate any motor vehicle while such person is under the influence of alcohol, drugs, or some combination of the two. In most circumstances, DWI and DUI can be used interchangeably in referring to a drunk driving charge in Virginia.
If you act quickly and are represented by a defense lawyer, you may be able to avoid the maximum punishment for a drunk driving offense. After an arrest for a first offense, this suspension will last for 7 days. For a second driving under the influence offense, the suspension will last for 60 days or until you go to trial, whichever comes first. For a third DUI offense, your license will be suspended until you go to trial. You should keep in mind that your license will be suspended whether or not you are found guilty in criminal court.
If you are convicted of a first Virginia DUI offense, your penalties will depend on your blood alcohol content level. In addition to what is listed below, there may be other penalties depending on if there was an accident that caused property damage or personal injury, if you were younger than 21 years old at the time of your DUI arrest, or if there were minor children in the car with you at the time of your Virginia DUI arrest.
Your VA driver license/your right to drive in Virginia if you do not have a valid Virginia license may be suspended in the administrative license suspension for failing or for refusing a chemical test. This suspension generally lasts from 7 to 60 days. Again, you may challenge this administrative suspension by filing a motion with the court. Filing the petition will not necessarily overturn the suspension; rather, it merely provides with a chance to overturn the suspension.
According to Virginia state legal code 18.2-266, DUI is the act of operating a motor vehicle while intoxicated. By Virginia standards, a driver who tests with a BAC higher than 0.08 is considered intoxicated and can be charged with a DUI. If this is your second DUI in VA, the charges and the penalties will differ from those you received with your first DUI.
A DUI in Virginia charge can be elevated from a Class 1 misdemeanor if someone was injured or killed in an accident caused by the driver who was under the influence. In this case, even for a first-time offender, the charge could be a Class 6 felony, which carries a possible jail sentence of between 1 and years and a maximum fine of $2,500. In addition, the charge carries with it a mandatory license revocation of up to 3 years.
If you need the help of DUI lawyer in Virginia in Fairfax, City of Fairfax, Prince William, Fauquier, Loudoun, Caroline, Stafford, Spotsylvania, Chesterfield, Henrico, Arlington, Richmond, Alexandria, Warren, Clarke, Shenandoah, King George, Charles City, Frederick, Fredericksburg, Gloucester, Hanover, Hopewell, James City, King & Queen, King William, New Kent, Newport News, Petersburg, Prince George, Rappahannock, York, call our law firm immediately for help and speak to a lawyer about your options.
The SRIS Law Group can help you with your obtain the best possible outcome based on the facts of your case. If you wish to consult an SRIS Law Group, P.C. DUI attorney in VA, call us at 855-696-3348.