DUI & DWI in Virginia
Even if you’re strongly independent and a do-it-yourselfer, the criminal justice system is not something anyone should face on his or her own. Did you know that even lawyers who face drunk driving charges in Virginia hire a Virginia DUI attorney?
If you have been arrested for drunk driving, this article will help you to understand what you’re facing:
- Virginia DWI Laws
- Virginia DWI Punishments
- Potential DWI Defenses
- Virginia’s Other Drunk Driving and Alcohol Laws
- How to Find a Virginia DWI Attorney
When is a Driver Considered to be Legally Drunk in Virginia?
The Virginia Code contains Virginia’s drunk driving laws.
These are the Virginia BAC (blood alcohol content) laws in a nutshell:
- The BAC limit for regular drivers is .08. If your BAC is .08 or higher, you’ll be arrested for DWI.
- The BAC limit for commercial drivers is .04.If your BAC is .04 or higher and you’re a commercial driver, you’ll be arrested for DWI.
- The BAC limit for drivers under the age of 21 is .02. If your BAC is .02 or higher and you are underage, you’ll be arrested for DWI.
What is Virginia’s Punishment for DUI Convictions?
We’ll go ahead and list standard punishments for 1st, 2nd, and 3rdDWI convictions below. However, if you are convicted of drunk driving with a child, under the age of 17, in your car, your BAC is “high”, or you’re a commercial driver, the penalties will be enhanced.
- 1st Offense – jail up to 12 months – fines of $250 to $2,500 – driver’s license suspension for 1 year — ignition interlock.
- 2nd Offense within 5 years – jail time of 1 month to 1 year – fines of $250 to $2,500 – driver’s license suspension for 3 years — ignition interlock.
- 3rd Offense within 5 years – jail time of 1 year to 5 years – fines of $1,000 to $2,500 – driver’s license revoked indefinitely — ignition interlock.
Virginia Drunk Driving Defenses
You may have a valid defense;be sure to consult with the Virginia DWI lawyer of your choice – www.attorneys.org.
Potential DWI defenses include:
- Trial court error.
- The roadblock was not proper.
- There was no probable cause to stop you.
- Proper arrest and detainment procedures were not followed.
- Someone else was driving the motor vehicle.
- BAC testing was erroneous.
- Your BAC at the time of the stop was lower than .08.
Virginia’s Other Drunk Driving and Alcohol Laws
Dram Shop Statute
Virginia doesn’t have a Dram Shop statute.
Virginia’s Providing Alcohol to Underage Persons Law
If any adult or licensed drinking establishment gives or sells alcohol to an underage person, they will be penalized with up to 1 year in jail and a $2,500 fine.
How to Find a Virginia DUI Attorney
To find a Virginia DUI attorney, you can search our website, www.attorneys.org, or ask friends or the bar association for a referral. Jot down a list of questions and the facts about your case so you remember to tell your DWI defense attorney everything that may be pertinent to your case.