Legal Bac Virginia
If a driver has a certain level of alcohol or drugs in their blood while driving, they can be arrested for drunk driving. This basically means that you are deemed drunk if you reach one of the following legal limits: We have experienced drink-driving lawyers who can help you navigate the legal system, help you understand your options regarding drinking and driving laws in Virginia, and defend you in court. Don`t hesitate – give us a call today. According to the points system in Virginia, all accumulated points remain in your account for 2 years. A DUI is rated 6 points, but if you get a DUI, points are the least of the problems. Virginia`s drunk driving laws require that the penalty for your drunk driving be based on the distance within which you exceed the legal limit. There are also provisions for several offences. If you have any questions about a charge of driving under the influence of alcohol in Richmond, Henrico, Chesterfield or surrounding counties, please contact Winslow & McCurry, PLLC attorneys at (804) 423-1382 or email us at info@wmmlegal.com. Virginia, like all other states, recognizes a blood alcohol level of 0.08% as the threshold at or above which a driver is considered legally intoxicated. However, in Virginia, it can still be assumed that a driver is driving a vehicle while impaired, even with a blood alcohol level below 0.08%.
If you have been charged with impaired driving in the Commonwealth of Virginia, the penalties are severe and you risk jail, hefty fines, and loss of your driver`s license. Knowing your rights regarding legal limits and impaired driving itself is an important part of protecting yourself from criminal charges. In Virginia, the law makes the following assumptions based on a person`s legal limit regarding alcohol: In the Commonwealth of Virginia, you are not allowed to drive a motor vehicle, moped, or even a train under the influence of alcohol or drugs. One way to measure if a driver is impaired driving (DUI) is to determine if the amount of alcohol/drugs in the driver`s system is greater than the legal alcohol limit in VA. If you`re below the legal limit, it doesn`t mean you automatically avoid arrest for drunk driving. Officers may look at other factors to determine if you are intoxicated, such as field sobriety tests or your own statements. If an officer determines that you can be drunk even if you are below the legal limit, you can still be arrested and charged with impaired driving in Virginia. A commercial driver is a person who drives for a living and must obtain a commercial driver`s license. A commercial driver is considered legally drunk if his blood alcohol level is 0.04% or higher while operating a motor vehicle. Other significant penalties are also imposed on commercial drivers who drive drunk. To understand these additional issues that arise for commercial drivers, an experienced Virginia DUI attorney can help.
Most people believe that if you have a blood alcohol level below 0.08, you can drive safely and not be charged with impaired driving (DWI). In Virginia, however, this is not the case. Consuming any amount of alcohol before driving interferes with a driver`s ability to operate a motor vehicle safely. Popular culture has ingrained in us the belief that the “legal limit” is 0.08. Even without a conviction, a driver whose blood alcohol level is above the legal limit will be temporarily suspended from driving. In the case of a first violation, the blocking period is seven days. This period is extended to 60 days for a second offence, although this period may be shortened if the trial date is earlier than the end of the 60 days. For a third offence, a person`s licence is suspended until a trial begins. Drinking. Conduct.
Decree. Encumbered. If this has happened to you, you probably need the help of a legal expert. A conviction in Virginia for impaired driving carries harsh penalties and consequences. A good first step to understanding if you can defend your case is to talk to an experienced Virginia DUI attorney in your corner of the forest. Below is a handy chart outlining Virginia`s drunk driving laws. Blood alcohol concentration of 0.08% or more: Class 1 offences punishable by a fine of at least $500 and a minimum of 20 days in jail (plus minimum penalties for higher alcohol levels). A second DUI within 5 or 10 years with a high blood alcohol level will be punished by an even more mandatory minimum prison sentence. A second drunk driving with a blood alcohol concentration between 0.15 and 0.20 results in an additional mandatory minimum of 10 days in jail time (Virginia Code §18.2-270(B)(3)) and an additional mandatory minimum penalty of $500 (Virginia Code §18.2-270(B)(1)).
In the event of a conviction for a first drunk driving, the driving licence may be revoked for 12 months. The revocation extends to 36 months for a second DUI and is unlimited for a third DUI. The Virginia Department of Motor Vehicles (DMV) requires course providers to process and submit your degree information directly to them. This ensures that the DMV has stored your information. You do not need to submit a paper certificate for DMV point reduction. You must submit your original certificate of completion to your court or insurance company to receive insurance points or discounts, or to reduce your fine. The blood alcohol level is 0.08% to 0.14%: Class 1 offence with a fine of at least $250. Other factors that can have a big impact on your blood alcohol level include: You are free to refuse these tests, and you might not be charged if you refuse them. However, you can still be arrested and taken to the ward, where you will have to undergo a breath test. The Commonwealth of Virginia has found that certain alcohol limits or the presence of certain drugs in your bloodstream allow you to conclude that you are intoxicated while driving.
Knowing these limits and how different people are affected differently by the same amount of alcohol can help you prepare for and avoid a drunk conviction in Virginia. How your blood alcohol level changes over time depends heavily on the factors listed above. Everyone is different, and there is no hard and fast rule about when it becomes safe to drive. A driver convicted of a first impaired driving offence with a blood alcohol concentration below 0.15 does not have to pay a mandatory minimum jail sentence of $250, register and complete the Virginia ASAP program, install an ignition interlock device in their vehicle and have their driver`s licence revoked. A person convicted of a first drunk driving with a blood alcohol level of 0.14% or less may not need to spend time in jail. If the blood alcohol level is between 0.15% and 0.19%, five or more days of imprisonment may be ordered. This can be extended to 10 days or more if the blood alcohol level is 0.20% or more. In addition to other penalties that may apply under Virginia`s impaired driving laws, a commercial driver who commits a first impaired driving while operating a vehicle will be prohibited from operating a commercial vehicle for one year. However, if the driver was driving a commercial vehicle and transporting dangerous goods at that time, the limitation period is three years. A professional driver who commits a second drunk driving within 10 years will be prohibited from driving a commercial vehicle for life, which may or may not be reduced to a period of at least 10 years. The type of alcohol consumed and its strength (alcohol by volume (ABV)) A second conviction for impaired driving can result in up to 12 months in prison. If the second offence was committed within 10 years of the first offence, a minimum penalty of 10 days out of those 12 months is required.
The minimum penalty increases to 20 days if the second offence occurs within five years of the first. A person convicted of impaired driving while transporting a child under the age of 17 will be subject to an additional fine of $500 to $1,000 and must spend at least five days in jail. A fourth DUI in 10 years in Virginia is punishable by a mandatory minimum of one year in prison, a mandatory minimum fine of $1,000, indefinite revocation of driver`s license, and confiscation and confiscation of vehicles. If the officer follows all the procedures required by law and you undergo an approved test, you may be convicted of impaired driving if your blood alcohol level is 0.08% or higher. If there is no test, but you have consumed enough alcoholic beverages (or drugs) to significantly affect your nature, predisposition, movement, speech or behaviour, you may also be convicted of impaired driving. Third DUI violation – less than 5 years after the first Need more information about state laws? Learn more about the laws you live in. Drunk driving is a big problem in Virginia. Thousands of alcohol-related accidents occur every year, and hundreds of people die from them.