Virginia DUI Facts
By Vaughan C. Jones, Attorney at Law
Jul. 1, 2013 9:58a
Like other states in this country, the courts in Virginia do not take driving while under the influence of alcohol and / or drugs lightly. If you are arrested and charged with this offense, you face many serious consequences. Driving with a blood alcohol concentration (BAC) of .08 percent or more is illegal. You can also be charged with DUI in Virginia with a lower BAC if you demonstrate an impaired ability to operate your vehicle, boat, or watercraft. In cases where you are involved in a traffic crash and law enforcement has probable cause, you can be arrested within three hours without a warrant.
Once you are stopped by law enforcement on suspicion of DUI, you will be asked to take a breath or blood test. At that time, you do not have the option of choosing a blood test over a breath test. If you refuse to submit to a breath or blood test, you can lose your driver's license for a year if convicted of the refusal. If you are also convicted of DUI, the loss of your license as part of the DUI will run consecutively with your suspension for refusing a breath test. If your license is suspended due to refusing a breath test, you will not be eligible for a restricted driver's license.
Virginia also employs a zero tolerance law for those drivers under the age of 21. This means that no amount of alcohol in your system while driving will be tolerated. Those under 21 found with a BAC that is less than .08 percent will lose their license for a year and be fined a minimum of $550 or be required to perform 50 hours of community service. Those under 21 with a BAC at .08 percent or above will face the same penalties as older drivers, which includes fines, license suspension, vehicle impoundment, an ignition interlock device, and completion of an Alcohol Safety Action Program as well as probation for a year.
DUI Defense Attorney in Richmond, Virginia
Discussing your case with an attorney who is experienced in handling DUI in your area is highly recommended. You may believe that your case is hopeless but a skilled attorney who reviews the circumstances of your arrest and the evidence involved may provide legal strategies that will minimize the negative consequences.
Vaughan C. Jones, Attorney at Law, is a criminal defense law firm serving clients in and around the Richmond area. Mr. Jones is available 24/7 and is a former prosecutor who prides himself on representing the most difficult cases. He is highly knowledgeable, skilled, and experienced in DUI and other criminal cases involving domestic violence, assault and battery, drug crimes, theft crimes, weapon charges, juvenile crimes, sex crimes, and manslaughter and murder. To get the benefit of his extensive experience and hard-hitting approach to defense,
contact his firm for a case evaluation immediately following your arrest.