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VIRGINIA DWI / DUI DEFENSE ATTORNEYS
Virginia lawyers of SRIS, P.C. defend DUI & DWI (drunk driving) law.
SRIS, P.C. has a number of Virginia attorneys who defend DUI & DWI Cases. The firm’s Virginia attorneys represent clients who are charged with Virginia DUI (Driving under the influence), Virginia DWI (Driving while impaired) offenses. (See also VA Code 18.2-266 ). It is important to retain a Virginia lawyer if you are charged with a Virginia DUI. In addition to fines, your driver’s license may be revoked or suspended in the state of Virginia. Also, depending on your BAC, you may face mandatory jail time in Virginia if convicted of a Virginia DUI or Virginia DWI. If you wish to consult a SRIS, P.C. Virginia attorney regarding your DUI in Virginia, please call us at 888-437-7747. A Virginia lawyer of SRIS, P.C. will gladly consult with you regarding your Virginia DUI.
A conviction of Virginia DUI charges or Virginia moving violation may also cause your insurance company to increase your rates to an unmanageable level.
We hope this information will provide you greater guidance in your quest for information and defense of Virginia DUI violations.
Virginia DUI/DWI Commonly Asked Questions.
The following are some of the questions; the clients of SRIS, P.C. ask us when they have been charged with a Virginia DUI/DWI offense.
- This is my first DUI charge in Virginia. What is the law in Virginia regarding a first offense DUI?
- Is there anything else that is going to happen to me if I get convicted of a DUI in Virginia for the first time?
- Will I lose my license if I am convicted of 1st offense DUI in Virginia?
- I blew a .08 at the police station. What does this mean in Virginia?
- Is the law tougher on those who have a BAC higher than a .08 in Virginia?
- Is there any good news regarding the revocation of my license in Virginia for a DUI/DWI? How am I going to get to work in Virginia?
- What can I do with a restricted license in Virginia?
- What does the implied consent test mean in Virginia?
- If I am under the age 21, can I still be charged and convicted of a DUI in Virginia, even if my BAC was not a .08?
- I have a CDL and I operate a commercial vehicle. Are the laws different for those who have a CDL in Virginia?
- What will a conviction for a Virginia DUI/DWI do to my automobile insurance rates?
- What if I am convicted of DUI/DWI related injury in Virginia?
- Why do I need a SRIS, P.C. Virginia DUI – DWI lawyer or Virginia traffic lawyer?
This is my first DUI charge in Virginia. What is the law in Virginia regarding a first offense DUI? (top)
A conviction for a DUI/DWI offense in Virginia is a class 1 misdemeanor.
What is a class one misdemeanor mean?
A class 1 misdemeanor in Virginia is punishable by up to one year in jail and/or up to $2500 in fines.
Is there anything else that is going to happen to me if I get convicted of a DUI in Virginia for the first time?
Like most states, Virginia requires all individuals who have been convicted of a DUI to enter in and successfully complete an Alcohol Safety Action Program (Commonly referred to as ASAP.
Will I lose my license if I am convicted of 1st offense DUI in Virginia?
Yes, if you have been convicted of a first offense DUI in Virginia, then the law requires that you license to drive in Virginia be revoked for a period of one year.
I blew a .08 BAC at the police station. What does this mean in Virginia?
In Virginia, if you blow into the Intoxilyzer 5000 and your blood alcohol content (BAC) is a .08 or higher, the presumption is that you are DUI/DWI. If your BAC is .08 or higher, you automatically have your license suspended for seven days. Please keep in mind that this is separate and apart from the 1 year loss of your license to drive in Virginia for one year. However, it the Commonwealth of Virginia’s burden to prove that if you are charged with refusal in Virginia, that your refusal was unreasonable.
Is the law tougher on those who have a BAC higher than a .08 in Virginia?
A BAC of .15 or higher does have mandatory penalties even for first time DUI/DWI offenders in Virginia. Please see the chart to see a comprehensive list of penalties for those who are convicted of have a BAC of .15 or higher in Virginia.
Is there any good news regarding the revocation of my license in Virginia for a DUI/DWI? How am I going to get to work?
The law does give the Court authority to grant a person who is convicted of a first offense DUI/DWI in Virginia to get a restricted license.
What can I do with a restricted license in Virginia?
The following are the different things a person with a restricted license for a DUI/DWI can do in Virginia:
- Driving to and from VASAP (Alcohol Safety Action Program)
- Driving to and from work
- Driving during work hours if it is necessary for your job. (You will have to show proof that you are driving for work purposes if you are stopped during your working hours.
- Driving to and from school
- Driving to and from medical treatment
- Driving to and from the daycare if you have children.
- Driving to and from the other parent’s house if you have court ordered visitation.
What does the implied consent test mean?
By Virginia law, if you drive or operate a motor vehicle upon the public highways of Virginia, you have automatically agreed to take a chemical test by virtue of you getting behind the wheel. The test is mandatory, not optional. Failure to take the test will result in your license being immediately suspended for seven days. You will also be charged with refusal to take a breath test. If you are convicted of a refusal in Virginia, then you will lose your license for one year and you are not eligible for a restricted license. That means no driving, no matter what.
If I am under the age 21, can I still be charged and convicted of a DUI in Virginia, even if my BAC was not a .08?
If you convicted of a Virginia DUI/DWI and you are under 21, your BAC will determine what the penalty will be. If your BAC 0.02 or higher but less than 0.08, you can be fined up to $500 and have your driver’s license suspended for six months. To learn more, please read about the DUI/DWI laws and underage possession of alcohol in Virginia. However, if your BAC is .08 or higher, then your penalties will be the same as a driver over 21.
I have a CDL and I operate a commercial vehicle. Are the laws in Virginia different for those who have a CDL?
A number of our clients are commercial vehicle drivers such as truck drivers, heavy equipment operators, etc who have been charged with a Virginia DUI/DWI. Therefore, we recognize that some of our clients are faced with the daunting prospect of loosing their job if they are convicted of a Virginia DUI/DWI. The Virginia DUI laws regarding a Virginia DUI/DWI for those who possess a CDL is that there is a mandatory loss of the CDL if your BAC is.04 or higher at the time of the person operating a commercial motor vehicle. The Virginia DUI law is even more severe if the commercial vehicle operator was transporting hazardous materials at the time of the stop by the police officer. This will cause the person possessing the CDL to lose their license for three years. Again, a refusal of a blood or breath test in Virginia will result in a one year loss of the person’s CDL.
Lastly, a lot of our clients ask us what will a conviction in Virginia for a DUI/DWI do to their automobile insurance rates?
If you are convicted of a DUI/DWI in Virginia, your insurance rates will definitely go up. Car insurance companies require those who have been convicted of a DUI/DWI in Virginia to get a special type of high risk insurance called an SR-22. This is a very expensive insurance policy. If you do not get this insurance policy, your insurance company will most likely drop your insured status. If you are stopped and the officer finds out you do not have car insurance, then you will be charged with a separate offense.
What if I am convicted of DUI/DWI related injury in Virginia?
If you are convicted of a DUI/DWI and another person was hurt as a result of you driving under the influence, the penalties are significantly higher. You are strongly urged to consult with a Virginia DUI/DWI defense lawyer.
To learn more about the laws pertaining to DUI/DWI/OUI laws in Maryland, please click on the state.
Why do I need a SRIS, P.C. Virginia lawyer?
The media often makes it seem as if a DUI or DWI charge in Virginia are no-win situations. Because of this, many people unwittingly face a criminal system armed with unlimited resources to convict violators. However, the Virginia DUI – DWI lawyers of SRIS, P.C. have proven time and time again, it IS possible to defend drunk driving (DUI) charges AND to avoid DUI convictions.
The Virginia attorneys of SRIS, P.C. can advise you as to whether you were stopped without proper authority, subjected to fallible sobriety tests, or arrested because of inaccurate intoxilizer readings. Unfortunately, none of this matters if you do not consult a SRIS, P.C. Virginia defense attorney to challenge the prosecutor’s case.
DUI offenses in Virginia result in six points on your driving record and stay on your record for eleven (11) years with the exception of the underage DUI which stays on your record for three (3) years. The following are the different driving under the under the influence offenses in Virginia:
- Driving while intoxicated – (DWI)
- Driving under the influence of alcohol or drugs – (DUI)
- Driving under the influence of drugs – (DUID)
- Driving after illegally consuming alcohol (persons under age 21) – Baby DUI
- Driving while intoxicated – maiming – (DWI)
- Involuntary manslaughter/alcohol
- Refusing blood/breath test
- Driving while your license is suspended or revoked for driving while intoxicated (DOS/DWI)
- Driving while your license is revoked for driving while intoxicated – maiming
- Driving while your license is revoked for driving while intoxicated – involuntary manslaughter
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Article written by A Sris
Sris Law Group