DWI / DUI LAWYERS
Lawyers defending DUI & DWI (drunk driving) law cases.
Our firm has a number of driving under the influence Virginia defense attorneys. We have client meeting locations in Fairfax, Richmond and Manassas. The firm defends driving under influence and driving while intoxicated offenses. It is important to retain an attorney as soon as possible if you are accused with drunk driving. In addition to penalties, your driver’s license may be canceled or suspended.
If you have obtained a commercial driver’s license in the Commonwealth of Virginia, you are already aware of the harmful effect that a DUI arrest can have on your license. Depending on the classifications, a commercial license allows drivers to earn a living by operating heavy vehicles, conveying large numbers of passengers, and transporting hazardous materials.
A DUI charge can be a costly and embarrassing problem for anyone, but for someone who drives for a living, an impaired driving conviction can rob them of their livelihood. Truck drivers, bus drivers, and others with a CDL are subject to strong penalties for DUI of drugs and/or alcohol in Virginia, and they are held to a much higher standard when it comes to driving and intoxication.
A number of our clients are commercial vehicle drivers such as heavy equipment operators, truck drivers, and so on, who have been charged with a Virginia DUI/DWI. Therefore, we recognize that some of our clients are faced with the overwhelming prospect of losing their job if they are convicted of a DUI. If you are a commercial driver who has been accused or charged with DUI, you may be facing increased punishments including a license suspension, and therefore, your loss of ability to work. Keeping this in mind, the following is information on what you should know about potential consequences of a DUI charge on your commercial driver’s license.
The Virginia DUI laws regarding a Virginia DUI/DWI for those who possess a CDL is that there is a mandatory loss of the CDL if your blood alcohol content is 0.04% or higher at the time of the person operating a commercial motor vehicle. The Virginia DUI law is even more severe if the commercial vehicle operator was transporting hazardous materials at the time of the stop by the police officer. If you have been sentenced of a first time offense driving under the influence, then the law needs that your license to drive in Virginia be canceled for a period of one year.
FAQ’s
- This is my first DUI charge in Virginia. What is the law regarding a first DUI?
- Is there anything else that is going to happen to me if I get convicted of a DUI for the first time?
- Will I lose my license if I am convicted of first time offense DUI in Virginia?
- I blew a .08 at the police station. What does this mean in Virginia?
- Is the law tougher on those who have a BAC higher than a .08 in Virginia?
- Is there any good news regarding the revocation of my license in Virginia for a DUI charges? How am I going to get to work?
- What can I do with a restricted license in Virginia?
- What does the implied consent test mean in Virginia?
- If I am under the age 21, can I still be charged and convicted of a DUI in Virginia, even if my BAC was not a .08?
- I have a CDL and I operate a commercial vehicle. Are the laws different for those who have a CDL in Virginia?
- What will a conviction for a drunk driving do to my automobile insurance rates?
- What if I am convicted of drunk driving related injury in VA?
- Do I need a Virginia DUI lawyer?
This is my first DUI charge. What is the law regarding a first offense driving under the influence?
- A conviction for a driving under the influence/DWI offense is a class 1 misdemeanor. What is a class one misdemeanor mean? A class 1 misdemeanor is punishable by up to one year in jail and/or up to $2500 in fines.
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Is there anything else that is going to happen to me if I get convicted of a driving under the influence for the first time time?
- Like most states, Virginia requires all individuals who have been convicted of a Driving Under the Influence to enter in and successfully complete an Alcohol Safety Action Program (Commonly referred to as ASAP).
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Will I lose my license if I am convicted of first time offense driving under the influence?
- Yes, if you have been convicted of a first time offense driving under the influence, then the law requires that you license to drive in Virginia be revoked for a period of one year.
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I blew a .08 BAC at the police station. What does this mean?
- If you blow into the Intoxilyzer and your blood alcohol content (BAC) is a .08 or higher, the presumption is that you are driving under the influence/DWI. If your BAC is .08 or higher, you automatically have your license suspended for seven days. Please keep in mind that this is separate and apart from the 1 year loss of your license to drive for one year. However, it is the Commonwealth’s burden to prove that if you are charged with a refusal, that your refusal was unreasonable.
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Is the law tougher on those who have a BAC higher than a .08?
- A BAC of .15 or higher does have mandatory penalties even for first time driving under the influence/DWI offenders.
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Is there any good news regarding the revocation of my license for a driving under the influence/DWI? How am I going to get to work?
- The law does give the Court authority to grant a person who is convicted of a first time offense driving under the influence/DWI to get a restricted license.
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What can I do with a restricted license?
The following are the different things a person with a restricted license for a driving under the influence/DWI can do in VA:
- Travel to and from VASAP (Alcohol Safety Action Program)
- Drive to and from work
- Drive during work hours if it is necessary for your job. (You will have to show proof that you are driving for work purposes if you are stopped during your working hours.
- Travel to and from school
- Go for medical treatment
- Travelling to and from the daycare if you have children.
- Go to and from the other parent’s house if you have court ordered visitation.
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What does the implied consent test mean?
- By VA law, if you drive or operate a motor vehicle upon the public highways, you have automatically agreed to take a chemical test by virtue of you getting behind the wheel. The test is mandatory, not optional. Failure to take the test will result in your license being immediately suspended for seven days. You will also be charged with refusal to take a breath test. If you are convicted of a refusal, then you will lose your license for one year and you are not eligible for a restricted license. That means no driving, no matter what.
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If I am under the age 21, can I still be charged and convicted of a driving under the influence in VA, even if my BAC was not a .08
- If you convicted of driving under the influence and you are under 21, your BAC will determine what the penalty will be. If your BAC 0.02 or higher but less than 0.08, you can be fined up to $500 and have your driver’s license suspended for six months. To learn more, please read about the driving under the influence laws and underage possession of alcohol. However, if your BAC is .08 or higher, then your penalties will be the same as a driver over 21.
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I have a CDL and I operate a commercial vehicle. Are the laws in VA different for those who have a CDL?
- A number of our clients are commercial vehicle drivers such as truck drivers, heavy equipment operators, etc who have been charged with a VA driving under the influence/DWI. Therefore, we recognize that some of our clients are faced with the daunting prospect of loosing their job if they are convicted of a driving under the influence. The driving under the influence laws regarding a drunk driving charge for those who possess a CDL is that there is a mandatory loss of the CDL if your BAC is.04 or higher at the time of the person operating a commercial motor vehicle. The law is even more severe if the commercial vehicle operator was transporting hazardous materials at the time of the stop by the police officer. This will cause the person possessing the CDL to lose their license for three years. Again, a refusal of a blood or breath test will result in a one year loss of the person’s CDL.
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Lastly, a lot of our clients ask us what will a conviction for a driving under the influence do to their automobile insurance rates?
- If you are convicted of a DWI in VA, your insurance rates will definitely go up. Car insurance companies require those who have been convicted of drunk driving to get a special type of high risk insurance called an SR-22. This is a very expensive insurance policy. If you do not get this insurance policy, your insurance company will most likely drop your insured status. If you are stopped and the officer finds out you do not have car insurance, then you will be charged with a separate offense.
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What if I am convicted of DWI related injury?
- If you are convicted of driving under the influence and another person was hurt as a result of your drunk driving, the penalties are significantly higher. You are strongly urged to consult with a defense lawyer.
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Do I need a driving under the influence lawyer?
The media often makes it seem as if a driving under the influence charge are no-win situations. Because of this, many people unwittingly face a criminal system armed with unlimited resources to convict violators. However, the lawyers of SRIS Law Group, P.C. have proven time and time again, it IS possible to defend drunk driving charges AND to avoid a conviction.
The attorneys of SRIS Law Group, P.C. can advise you as to whether you were stopped without proper authority, subjected to fallible sobriety tests, or arrested because of inaccurate intoxilizer readings. Unfortunately, none of this matters if you do not consult a defense attorney to challenge the prosecutor’s case.
First driving under the influence VA Attorney Fairfax CDL Refusal
driving under the influence offenses in VA result in six points on your driving record and stay on your record for eleven (11) years with the exception of the underage driving under the influence which stays on your record for three (3) years. The following are the different driving under the under the influence offenses:
- Driving while intoxicated – (DWI)
- Driving under the influence of alcohol or drugs – (driving under the influence)
- Driving under the influence of drugs – (driving under the influenceD)
- Driving after illegally consuming alcohol (persons under age 21) – Baby driving under the influence
- Driving while intoxicated – maiming – (DWI)
- Involuntary manslaughter/alcohol
- Refusing blood/breath test
- Driving while your license is suspended or revoked for driving while intoxicated (DOS/DWI)
- Driving while your license is revoked for driving while intoxicated – maiming
- Driving while your license is revoked for driving while intoxicated – involuntary manslaughter
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If you need help with this type of case in 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 best possible outcome based on the facts of your case. If you wish to consult an SRIS Law Group, P.C. attorney, call us at 855-696-3348. B
