TACTICAL DUI

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.