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DUI & DWI Defense

Virginia has one of the harshest DUI laws and penalties in the US. If you end up being arrested with a DUI or DWI charge, you can end up with some serious penalties.


Don't hesitate to call us for a free consultation at 757-226-7680.

In Virginia, the main Drunk Driving Statute is Virginia Code Section 18.2-266.Titled: Driving motor vehicle, engine, etc., while intoxicated, etc. Which reads;


It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).


For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth.


This means that there is a presumption of intoxication once your blood alcohol concentration reaches 0.08 % This is a rebuttable presumption however, depending on each individuals circumstances; meaning it is possible to be intoxicated below a 0.08 or not be intoxicated at all if you are above a 0.08.


If you are found guilty, a DUI/DWI First Offense is a class 1 misdemeanor and you can receive a sentence up to 12 months in jail and a fine of $2500.00. You must also complete the Alcohol Safety Action Program (ASAP), and an ignition interlock (a “breathalyzer” for your car) will be placed on your vehicle. Depending on your circumstances, you may be able to get a restricted license allowing you to drive to and from work, to medical appointments and a few other exceptions allowable by the court.


Prosecution has two ways to secure a conviction for DWI cases in Virginia. In both of these cases, the prosecution has to prove that the defendant was operating a motor vehicle.


The first way requires proving that the individual had an alcohol concentration of 0.08% or more in their blood per 210 liters of blood. If this is the case, the prosecutor does not have to prove that the defendant’s driving was in any way impaired.


The second way is known as driving under influence or DUI. This involves the prosecution to establish the fact that the vehicle was being operated under the influence of drugs, alcohol, or any other combination.


An officer can arrest you for DUI in case your BAC is as following:


  • 21 years old and above: 0.08 percent

  • Younger than 21 years of age: 0.02 percent

  • Commercial drivers: 0.04 percent


DUI arrests lead to appearances in court, and with a DUI charge, you must have legal representation.


You face fines and restitution, as well as license suspension or perhaps DUI school. At most, you couldalso end up losing your vehicle or end up in jail.


The Coastal Virginia Law Firm of Brook M. Thibault & Associates P.C. has years of experience managing DUI/DWI cases.


Get in touch with us now at 757-226-7680 or email us at





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