DUI: Virginia Law
DUI Law in Virginia
In Virginia if your blood alcohol content (BAC) is .08% or higher, then you are considered to be driving under the influence. You can also be considered under the influence with other substances, such as drugs (prescription or non-prescription). A DUI is “driving under the influence” and therefore you can be charged as such with an substance that impairs your driving.
What will generally happen is a police officer will pull you over and if they suspect you to be driving under the influence, the officer will put you through a series of field sobriety tests. These tests are used to determine if you are actually too impaired to be driving. A common misconception is they have to prove you to be at .08% in order to slap you with a DUI; however, the prosecutor just has to prove that you drove your vehicle when you were too impaired by alcohol or drugs (or both) in order to drive safely.
What Happens If You Get A DUI?
If you are a first time offender, you will typically e looking at a Class 1 Misdemeanor, which means it will permanently reflect on your criminal record upon conviction. You will also face a $250-$2500 fine and up to a one-year license suspension. If by chance your BAC is .15% or higher, you may also be looking at some jail time and additional fines. You will also more than likely lose your driving privileges for one year.
If you have been convicted of a DUI before, you will more than likely now be required to instal an ignition interlock device on any vehicle you own or intend to drive. Your penalties will be more severe the higher your BAC. Multiple convictions will also provide harsher sentences.
Typical DUI penalties:
•Fines, fees, and surcharges
•License suspension
•Ignition interlock device
•Jail time
•Community service
Enhanced Penalties:
•A child was in the car at the time
•The driver had a commercial license and at the time was driving a commercial vehicle
•The defendant refused to submit a blood or breath test (don’t listen to those who tell you that you have the right to refuse)
•There was property damage or injury
•The driver accused was under 21
What Might Officers Might Notice:
•Flushed face
•Red, watery, glassy, or bloodshot eyes
•Odor of alcohol on breath
•Slurred speech
•Fumbling with wallet trying to get license
•Failure to comprehend the officer’s questions
•Staggering when exiting vehicle
•Swaying/instability on feet
•Leaning on car for support
•Combative, argumentative, jovial, or other “inappropriate” attitude
•Soiled, rumpled, disorderly clothing
•Stumbling while walking
•Disorientation as to time and place
•Inability to follow directions
It’s ALWAYS best to designate a driver, call for a ride, or arrange a ride ahead of time. If you find yourself in the situation where you are being charged with a DUI, don’t drive impaired then either. It’s always a good idea to have an attorney by your side.
You can always visit the Virginia DMV Site for more details: https://www.dmv.virginia.gov/webdoc/pdf/dmv168.pdf