Virginia DUI Attorneys

Serving the state of Virginia.
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Getting a DUI in Virginia

Driving under the influence is not tolerated well in Virginia. Driving under the influence is a major crime in this state. Even if you are a first time offender you have to pay serious penalties. These penalties may include a year in jail or a fine of up to $2500.

If you have been convicted of DUI you may be compelled to join and complete alcohol safety action program (ASAP). And also your driving license might be suspended for a whole year depending on the case.

In the state of Virginia you are considered “DUI” if you are caught with a minimum blood alcohol level (BAC) of 0.08%. And if that occurs, your license will be instantly and automatically suspended for a week. This is of course apart from the penalties that come later if you are convicted of DUI. Although you have a choice of challenging this instant suspension of your driving license in your general district court.

Offenders Found With A “High” Blood Alchohol Level: If you are caught DUI and your BAC is exceeding .15% but is less than .20% then there is an imprisonment for a minimum of 5 days while those who even exceed the .20% mark are forced to stay a minimum of 10 days in custody.

Eligibility For Restricted License: If you are a first time offender of DUI in Virginia then you may file a case to obtain a restricted license. However the court is not bound to offer you one. But they may provide you one if the case is not serious. Also remember in most cases you don’t get a restricted license within 30 days of conviction. And even if you receive one, it has certain limitations that need to be kept in mind. These are as follow: driving to and from the Vehicle Alcohol Safety Program (VASAP), driving to and from school or work, driving to and from a medical treatment and driving during work hours with proper schedule.

Taking The Breath or Blood Test: Agreeing to take the breath or blood test is a must in the state of Virginia. Everyone who uses a vehicle has to obey this law. And if you refuse to take the test it may result in the immediate suspension of your license for a week or a year. This suspension time is irrespective of the revocation period in case you are convicted. This means that the suspension time due to refusal of taking test and the revocation period if found guilty will add up. However you have a choice of filing a case and fight to remove this suspension period. But the revocation period if convicted cannot be fought.

Under The Drinking Age Of 21: If you are under 21 and are caught DUI with a BAC level of between .02% and .08% then your license might be suspended for six months and a fine of up to $500 might be imposed on you. And if the BAC is well over .08% then the penalties are same as that of an adult driver.

Commercial Driver: If you are a commercial driver and are caught DUI with a BAC of .04% or above then you will be disqualified from driving a commercial vehicle for a whole year. This time can be increased to 3 years if the goods you were carrying were hazardous. Also a suspension of your license for a year is possible if you refuse to take the breath or blood test. So DUI will cost a commercial driver its career.

Alcohol Safety Action Program (ASAP): This program is focused on substance abuse and driving, self evaluation of potential for substance abuse, and substance abuse and health. This is a 20 hours program. You will need to give an alcohol and drug test and if found positive you will be re-classified for the treatment. You may be given a restricted license by the judge as mentioned before and may be asked to visit the local ASAP office in a two week span. If you fail the alcohol safety action program then you may be subjected to a revocation period and other penalties like jail sentence by the court.

Vehicle Tow And Impoundment: The state law requires your vehicle to be taken away for a month if your license has been suspended. And if convicted this time period might be extended for further 3 months.

Automobile Insurance: If you are found convicted of DUI then there might be a significant increase in your current insurance rate. Also you may lose your current insurance company and end up with a package that provides a very less insurance rate.

Serious Injury or Death from accident from DUI: If you are convicted of a DUI and were involved in an accident resulting in a serious injury or even death, then the penalties are more severe. For example if in carelessness you kill a person then there is a minimum fine of $5000 and imprisonment of 1-10 years. While in vehicular killing there is an imprisonment of 4-12 years where as the fine may be up to $750,000. Not to mention the revocation period in both cases.