Got DUI Attorney Help

Virginia is a state of many firsts. It was the first state to brew mead and featured the first wine cellar in the country. George Washington was one of the largest fermenters and distillers in the new country. Virginia is one of the only states where legal moonshine is made, and has the only drug museum in the country.

However, you may want to stick to the state beverage, milk, because Virginia has some of the toughest DUI laws and penalties in the country.

In Virginia a person is under the influence of alcohol if he/she has drunk enough alcoholic beverages so as to affect his/her manner, disposition, speech, muscular movement, general appearance or behavior as to be apparent to observation.

DWI and DUI are often used interchangeably in Virginia because they are both charged under the same Code – the prosecutor can prosecute any of them without specifying. DUI-D (drugs) can also be prosecuted under § 18.2-266.

The Virginia DUI ‘per se’ law states that a blood alcohol content (BAC) of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel.

However, you can also be prosecuted for driving ‘under the influence’ if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot, watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was ‘under the influence’, regardless of their BAC percentage.

Also you’ll be cited for driving while under the influence of drugs with a blood cocaine level of 0.02%, a blood methamphetamine level of 0.10%, a PCP level of 0.01%, or 0.10% BAC of MDMA or Ecstasy.

Every driver with a Virginia driver’s license has given their ‘implied consent’ for a blood alcohol test (BAC) when they received a license. Additionally, any person arrested on the public highways of Virginia on a suspicion of DUI, DWI, DUI-D, or Underage DUI is deemed to have consented to a chemical analysis of their breath, or blood, or both, to determine the alcohol content. This means their breath and/or blood, will be tested for alcohol and/or drugs when under the suspicion of a Virginia DUI charge.

If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint or solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for a Virginia DUI, even though you are not “legally drunk,” and are still subject to ALR (automatic license revocation).

After being charged with a Virginia DUI you’re going to face the criminal courts. Unlike most states, Virginia law does not permit the enforcement of DMV administrative penalties in addition to court punishments.

Be advised that Virginia has an out-of-state Driver’s License Compact Agreement. This means that Virginia DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Virginia DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.

Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Virginia DUI specialist. In any case, when you are stopped and arrested for suspicion of a Virginia DUI, request to see a DUI attorney, the sooner the better.

– Info You Should Know –

Was I Stopped Legally?

Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.

Not all reasons offered by officers are legal. Check with a Virginia DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.

Should I Have Talked To the Cop?

Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.

And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Virginia DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.

Did I Have A Right To Make A Call?

The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Virginia DUI specialist. 

I’m Simply Going To Plead Guilty, Why Do I Need A Virginia DUI Lawyer?

The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and Virginia drunk driving laws should be taken very seriously. Virginia DUI convictions and penalties can be long lasting and severe. Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A Virginia DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.

When considering consulting a Virginia DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?

What’s A Virginia DUI Defense Attorney Going To Cost?

One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a Virginia DUI attorney might save them thousands of dollars in the years to come.

What Are Court Costs?

Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.

Did I Have To Take a Field Sobriety Test (FST)?

Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.

What if I Refused To Take a BAC (blood alcohol content) Test?

Refusal can carry penalties which may be more severe than a DUI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 10 days of the arrest to contest the validity of the confiscation or driver’s license suspension. This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.

Can I Plea Bargain?

After being arraigned, your DUI attorney will meet with the prosecutor to negotiate the merits of your case. Court dates are crowded so it is not unusual for a DUI case to seem mired in delays. However, delay can work to your benefit as prosecutors and judges work to try to clear court calendars.

A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced Virginia DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial.

The plea bargain is extremely advantageous to anyone accused of a Virginia DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.

It is next to impossible to plea bargain a Virginia drunk driving charge without an experienced Virginia DUI lawyer. Often effective DUI counsel will be able to negotiate a plea to a lesser charge.

I’ve Heard of A Nolo Contendere Plea, What Is It?

In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.

In any case, without services of a veteran Virginia DUI specialist, specialized pleas or plea bargaining is not possible.

What if I Am An Out-Of-State Driver?

Virginia DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Virginia DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.

What Is A Look Back Period in Virginia?

A look back period is the amount of time that has to pass before a judge can look back into your driving record to use past convictions to increase present penalties. In Virginia it is 10 years from past arrest date to present arrest date. This means that anyone arrested for a DUI within 10 years of a present offense will be charged with a ‘prior’, with increased penalties and punishment.

What Happens In Court?

You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of prior convictions including any previous Virginia administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.

In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.

Are There Alternatives to Jail?

Your Virginia DUI specialist may be able to make arrangements for drug and alcohol rehabilitation programs, sober living homes, home arrest with electronic monitoring, work release programs and community service.

Can I Get a Hardship Driver's License?

A restricted license may be granted by the court for driving to and from work; during the course and incidental to employment; to and from medical appointments for the driver, a dependent minor, or a dependent elderly parent; to and from the Virginia Alcohol Action Safety Program (ASAP); to and from court wherein appearing as a witness, to and from a place of religious worship, to and from weekend or non-consecutive jail, to get the ignition interlock device calibrated, and to and from probation or other court ordered programs.

Under no circumstance can someone drive outside of these restrictions. The courts and individual judges throughout the Commonwealth differ on the length of time in a day during which one may operate a vehicle and the number of items that will be included. A person driving outside the restricted license parameters is driving on a suspended license which is a Class 1 Misdemeanor with a jail term of up to 12 months, a maximum fine of $2,500, and a possibility of an additional driver’s license suspension.

What About Enhanced Punishments For Virginia DUI Convictions?

Many circumstances may lead to sentence enhancements: prior DUI convictions, BAC of .20%, the presence of a child (under 17) in the car, speeding, reckless driving, and causing an accident with injuries or property damage.

Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Virginia multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a loss of license and vehicles for years, if not permanently. In case of death or serious injury an offender can be fined from $5,000 to $750,000 and be jailed from 1 to 12 years.

Consequently, we strongly recommend retaining an experienced Virginia DUI attorney in order to secure the best possible outcome of a potentially severe situation.

What About My Insurance?

Your insurance rates will probably increase or be cancelled. The state estimates that insurance premiums can escalate to over 300% in 5 years. Rates for your family members, or even for your employer (if you use a company car), may increase as well.

 

– Virginia DUI Criminal Penalties –

§18.2-270(A) First DUI

A person charged with violating §18.2-266, first offense, shall be guilty of a Class 1

Misdemeanor and may be punished as follows:

Blood Alcohol Content below 0.15: Maximum punishment of one year in jail; maximum fine of $2,500, $250 of which is a mandatory minimum fine, suspension of the persons driver’s license or privilege to drive in the Commonwealth of Virginia for a period of one year with restricted privileges granted,* and ignition interlock for at least six months.

Blood Alcohol Content between 0.15 and 0.20: Same punishment as above with a mandatory minimum active jail term of five days.

Blood Alcohol Content 0.20 or above: Same punishment as above with a mandatory minimum active jail term of ten days.

§18.2-270(B) Second DUI within 5 Years

A person charged with violating §18.2-266, Second Offense within a period of five years shall be guilty of a Class 1 Misdemeanor and may be punished as follows:

Blood Alcohol Content below 0.15: Maximum punishment of one year in jail, mandatory minimum jail sentence of 30 days, 20 of which must be served (ten may be suspended), maximum fine of $2,500, $500 of which is a mandatory minimum fine, and a suspension of the persons driver’s license or privilege to drive in the Commonwealth of Virginia for a period of three years, the first year of which the defendant is ineligible for restricted privileges. A defendant will be required to have an ignition interlock device installed on their vehicle for a period of six months to three years as a condition of gaining restricted driving privileges.

Blood Alcohol Content between 0.15 and .020: Same punishment as above with an additional mandatory minimum jail term to be served of 10 days.

Blood Alcohol Content above 0.20: Same punishment above with an additional mandatory minimum jail term to be served of 20 days.

§18.2-270(B) Second DUI within 10 years

A person charged with violating §18.2-266, Second Offense within a period of five to ten years shall be guilty of a Class 1 Misdemeanor and may be punished as follows, to-wit: 

Blood Alcohol Content below 0.15: Maximum punishment of one year in jail, mandatory minimum jail sentence of 30 days, 10 of which must be served (20 may be suspended), maximum fine of $2,500, $500 of which is a mandatory minimum fine, and a suspension of the persons driver’s license or privilege to drive in the Commonwealth of Virginia for a period of three years, the first of which the defendant is ineligible for restricted driving privileges*. A defendant will be required to have an ignition interlock device installed on their vehicle for a period of six months to three years as a condition of gaining restricted driving privileges.

Blood Alcohol Content between .015 and .020: Same punishment as above with an additional mandatory minimum jail term to be served of ten days.

Blood Alcohol Content above 0.20: Same punishment above with an additional mandatory minimum jail term to be served of 20 days.

§18.2-270(C) Third DUI within 5 Years

A person charged with violating §18.2-266, Third Offense within a period of five years shall be guilty of a Class 6 Felony and is facing one to five years in the State Penitentiary, or up to 12 months in a local jail, six months is a mandatory minimum term of incarceration which must be served; maximum fine of $2,500, $1,000 of which is a mandatory minimum fine; indefinite suspension of the persons driver’s license or privilege to drive in the Commonwealth of Virginia. The defendant may petition the Court of appropriate jurisdiction for restricted driving privileges after three years* and full privileges after five years.

Furthermore, the defendant’s vehicle is subject to seizure by the Commonwealth.

§18.2-270(C) Third DUI within 10 Years

A person charged with violating §18.2-266, Third Offense within a period of five to ten years shall be guilty of a Class 6 Felony and is facing one to five years in the State Penitentiary, or up to 12 months in a local jail, three months of which is a mandatory minimum term of incarceration which must be served; maximum fine of $2,500, $1,000 of which is a mandatory minimum fine; and an indefinite suspension of the persons driver’s license or privilege to drive in the Commonwealth of Virginia. The defendant may petition the Court of appropriate jurisdiction for restricted driving privileges after three years* and full privileges after five years. Furthermore, the defendant’s vehicle is subject to seizure by the Commonwealth.

§18.2-270(C)(2) Fourth Offense DUI

A person charged with violating §18.2-266, Fourth Offense within a ten year period shall be guilty of a Class 6 Felony and is facing one to five years in the State Penitentiary, or up to 12 months in a local jail, one year of which is a mandatory minimum term of incarceration which must be served; maximum fine of $2,500, $1,000 of which is a mandatory minimum fine; and an indefinite suspension of the persons driver’s license or privilege to drive in the Commonwealth of Virginia. The defendant may petition the Court of appropriate jurisdiction for restricted driving privileges after three years* and full privileges after five years. Furthermore, the defendant’s vehicle is subject to seizure by the Commonwealth and the defendant will be required to be on probationary status for three years.

§18.2-270(D) DUI while Transporting a Minor

A person charged with violating §18.2-266 while transporting a minor faces enhanced punishments of an additional five days mandatory minimum jail time that must be served and an additional fine of between $500 and $1,000.

§18.2-266.1 Underage DUI

A person under 21 found guilty of driving with a BAC of .02 or higher is guilty of a Class 1 Misdemeanor with a maximum punishment of a fine of $2,500, a minimum mandatory fine of $500 or 50 hours of community service, and a twelve month license suspension with the possibility of restricted privileges being granted.

Refusing the BAC Test

1st offense: 7 days to 1 year loss of license.

2nd offense: 3 years loss of license.

3rd offense: 3 years loss of license.

Commercial Driver’s License

1 year loss of license while operating any vehicle under the influence.

3 years loss of license when hauling hazardous materials while “driving under the influence.”

1 year loss of license for refusing a BAC test.

Subsequent violations carry lifetime disqualification.

Underage DUI

A person under 21 found guilty of driving with a BAC of .02 or higher is guilty of a Class 1 Misdemeanor with a maximum punishment of a fine of $2,500, a minimum mandatory fine of $500 or 50 hours of community service, and a twelve month license suspension with the possibility of restricted privileges being granted.

By Joshua Dale

– Disclaimer –

Only experienced Virginia DUI attorneys should provide you with legal advice concerning Virginia DUI laws. The aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with accredited Virginia DUI attorneys. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Virginia DUI attorney specializing in DUI cases.

– Citations –

Virginia State Code. § 18.2-266/§ 18.2-267§ 18.2-268.2/§ 18.2-268/§ 18.2-270/§ 18.2-271/§

18.2-271.1/§ 18.2-270.1/

Juvenile code §§16.1-278.8 and 16.1-278.9.

Commercial License Code §46.2-341.4/ §46.2-341.20/§46.2-341.18/§46.2-341.21.

WEBSITES

Virginia DMV http://www.dmv.state.va.us/

Virginia Courts http://www.courts.state.va.us/

Virginia Court Cases http://www.epwsgdp1.courts.state.va.us/gdcourts/

Code of Virginia http://leg1state.va.us/000/src.htm

Virginia Alcohol Safety Action Program http://www.vasap.state.va.us/a