Charged with a DUI?

Yes, if your blood alcohol content (BAC) was at .07%, you can still be arrested and charged with DUI. This is because there are two ways to violate the state’s DUI laws. The first is to drive with a BAC of .08% or more. Regardless of whether or not you are impaired, driving with a BAC over .08% is illegal. The second way to violate the law is to drive “while under the influence of alcohol.” This type of DUI does not require the prosecution to present chemical test results proving that you were intoxicated. Instead, it allows the prosecution to proceed on circumstantial evidence that purports to show that you were impaired.

If you choose not to consent to a breathalyzer test, it’s called a “refusal.” A first-time refusal is a civil offense and carries an administrative one-year driver’s license suspension. If you have a prior refusal or a prior DUI conviction, refusing to take chemical testing is a Class 1 misdemeanor, which carries the possibility of criminal punishment, as well as a three-year driver’s license suspension. Keep in mind that refusing a breathalyzer test doesn’t mean that the government cannot prosecute you for DUI. They might be able to proceed with a case based on circumstantial evidence of intoxication in addition to evidence of dangerous driving.

It depends. If this is your first DUI conviction, your license will likely be suspended for a period of 12 months—but it likely will not be revoked. However, your license could be revoked if you have a prior DUI conviction or if you were cited for causing a DUI accident. The difference between a license suspension and a revocation is the duration. A suspension is a temporary termination of your driving privileges, whereas a revocation is a “permanent” termination of your driving privileges. However, even if your license is revoked, a Virginia DUI defense lawyer might be able to help get your license reinstated.

Yes, by operating a motor vehicle on a Virginia “highway”—which is broadly defined as any public road—you consent to take a blood or breath test upon request from a law enforcement officer. However, this implied consent law only allows law enforcement to administer a test within three hours of your arrest and when they have probable cause to believe you were intoxicated. Of course, absent a warrant, police officers cannot physically require you to submit to chemical testing. However, your refusal to take a blood or breath test will result in administrative penalties, including a driver’s license suspension.

The penalties associated with a Virginia DUI conviction vary. First and second-offense DUIs are class 1 misdemeanors, which carry a punishment of up to one year in jail, a fine of up to $2,500, and a driver’s license suspension of up to three years. However, if your BAC was over .15%, the penalties would increase. For example, if your BAC was between .15% and .20%, you must serve at least five days in jail. If your BAC was over .20%, you must serve at least 10 days in jail. Second-offense DUIs are taken even more seriously, although they are still considered class 1 misdemeanors. For a second DUI conviction, you will face a minimum fine of $500 and a minimum 30-day jail sentence. A third-offense DUI is a class 6 felony, punishable by a mandatory minimum sentence of 90 days in jail. However, if all three convictions were within the past five years, the mandatory term of imprisonment increases to six months.

Virginia DUI law is complex. Not only that, but the punishments for a Virginia DUI conviction are harsh. Often, the best defenses to a DUI charge are technical in nature and require the knowledge of an experienced Virginia DUI lawyer. For example, a lawyer will be able to review the arresting officer’s actions during the traffic stop to determine if he or she violated your rights. An attorney can also review the chemical test results to determine if the tests were properly performed. Finally, in the event that a conviction is unavoidable, a Virginia DUI defense attorney can advocate for a more lenient sentence by presenting the judge with mitigating facts justifying a lesser sentence. So don’t leave your future to chance. Call us today for more information.