Virginia DUI Lawyers
The Old Dominion State is what you call home, but did you know that Virginia is home to some of the nation’s strictest DUI laws? In fact, a DUI charge in Virginia will trigger two separate cases: a criminal case and an immediate 7-day driver’s license suspension. A DUI conviction in Virginia can also affect the driver's license of someone who lives in another state because of the interstate driver's license compact, where your DUI information can be shared with the other 45 participating states.
You can be convicted of a Virginia DUI in one of two ways. The first is a violation of the “per se” law, which means you were driving with a blood alcohol content of .08% or higher. The other conviction can be obtained by proof that you driving under the influence, such as failed field sobriety tests or poor driving performance.
Penalties
A DUI is considered a Class I misdemeanor and for a first-time offense, you can receive 1 year in jail. If you are convicted, you’ll lose your license for one year. Virginia mandates entry into ASAP (Alcohol Safety Action Program). Other penalties may include: loss of job, insurance problems, community service, probation, ignition interlock system, vehicle impoundment and restricted travel.
BAC
In Virginia, it is illegal to drive with a BAC level of .08% or higher. Your blood alcohol content can be measured through these chemical tests: blood, breath or urine. While blood tests are the most accurate, police often use breath tests because they are portable and can be conducted on scene.
Field Sobriety Tests
The Horizontal Gaze Nystagumus (HGN), one leg stand and walk and turn are all types of field sobriety tests used by police to help determine if you are intoxicated. They measure things such as balance, involuntary eye jerking and coordination.
Ignition Interlock
This device may be installed in your car as a means to deter you from drinking and driving. You must blow into the machine in order to start your car. If you register a BAC of .02%, your car will not start.
Zero Tolerance
If you are under age 21 and you drive with a BAC of at least .02%, but less than .08%, you can be fined up to $500 and have your driver's license suspended for six months. If your BAC was over .08%, your penalties are the same as an adult driver.
Learn Your Rights
DUI laws in Virginia are complex and ever-changing. That’s why you need a lawyer who specializes in this field of law. Contact one today and they can help you fight for your rights!
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