New Virginia DUI laws have recently been enacted: Senate Bill 889 makes it a Class 1 misdemeanor to operate a motor vehicle without an ignition interlock device (IID) when one is required, and also revokes the driver's license of the offender for one year. Senate Bill 1463 requires that an IID be installed as a condition of license restoration of any second dui conviction. Finally, House Bill 2532 specifies that localities (that have passed an enabling ordinance) are entitled to restitution from some dui offenders as compensation for the expenses related to law enforcement response.
In Virginia, DUI is known as driving while intoxicated (DWI). Intoxication is defined as the point at which you are no longer in control of your mental and/or physical abilities because you've ingested alcohol or drugs. If you have a blood alcohol concentration (BAC) of.08, a blood cocaine level of.02, a blood methamphetamine level of.10, a PCP level of.01, or.10 BAC of MDMA or Ecstasy, you will be driving while intoxicated. However, you will also be prosecuted for DWI if it can be proven you drove unsafely. The circumstantial evidence that can prove unsafe driving is hazardous driving, uncoordinated balance, and/or failure of field sobriety tests, regardless of the level of your BAC.
When arrested for your first Virginia DWI, you're looking at a minimum of five days in jail if there was a passenger under the age of 18 in your vehicle, or if your BAC was between.15 and.20, and 10 days in jail if your BAC was above.20. In addition, you'll be fined a minimum of $250, or from $750 to $1,000 if you had a passenger under the age of 18. Also, your license will be suspended for one year. And if your BAC was.15 or over, you'll be required to install an IID in your vehicle. Finally, you must complete an alcohol safety action program.
If you are convicted of your second DUI / DWI in Virginia, you will go to jail for a minimum of 20 days to as long as one year if this offense is less than five years from your previous offense; add a minimum of five days if you had a passenger under the age of 18 in your vehicle. If your second offense was within five to 10 years of your previous dui offense, your jail time will be a minimum of 10 days up to one month; add 10 days if your BAC was from.15 to.20; add 20 days if your BAC was above.20; add a minimum of five days if you had a passenger under the age of 18 in your vehicle. Your license will be suspended for three years, and an IID is required upon its reinstatement. You will also be fined a minimum of $500, plus an additional $500 to $1,000 if there was a passenger under the age of 18 in your vehicle, and $50 for the Trauma Center Fund. Finally, you will be required to complete an alcohol safety action program.
If you've been arrested for Virginia DWI, don't try to go it alone - there's too much at stake. Find an experienced dui defense lawyer, and know you're getting the best representation possible.
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