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. If you are arrested for suspected poisoning, the officer may ask you to take a test to determine if there is alcohol in your system. The Virginia DWI law states that the driver does not have the option to choose the type of chemical test he will receive. If you refuse to take the breath test, your licence will be suspended, and if you have been convicted of impaired driving in the past, or if you have already failed a breath test, refusing to take the test is an offence. A drink with your meal before you get home is usually perfectly safe, but the NTSB wants to lower the blood alcohol limit, which may prohibit some drivers from having a drink for dinner before getting behind the wheel. The law in all 50 states that people with a blood alcohol level of 0.08 or higher are not safe to drive. But now the NTSB wants every state to lower the blood alcohol limit to 0.05. In Virginia, the law makes the following assumptions based on a person`s legal limit regarding alcohol: If there is no test, but you have consumed enough alcoholic beverages (or drugs) to significantly affect your nature, disposition, movement, speech, or behavior, you may also be convicted of drunk driving. Enforcement resources are limited. With a stricter blood alcohol level, the same number of police officers will hunt down many more offenders. Officers who spend time and effort tracking drivers who barely cross the legal limit are not available to stop those with a blood alcohol level two or three times higher. Strict enforcement of existing laws against heavily intoxicated drivers who are repeat offenders is probably a much more effective solution.
Ignition locks can also be used to disable the most irresponsible drivers without disturbing social drinkers who pose no threat to anyone. But blood alcohol level isn`t the only factor that qualifies you for a DUI. If you have drugs in your system that affect your reaction times, coordination, and judgment, you can be arrested for drunk driving even if you don`t have alcohol in your system. This includes all kinds of drugs: street drugs, prescriptions, and even over-the-counter medications. A blood alcohol level above 0.20 in Virginia will add even more mandatory minimum sentences. If the Virginia driver has a blood alcohol level greater than 0.20, there is a mandatory minimum of 10 days in jail for a first offense. This mandatory minimum penalty is increased for impaired driving convictions within 10 years. A conviction for a second offense in 10 years with a blood alcohol concentration of 0.20 carries a mandatory minimum prison sentence of 20 days (Virginia Code, § 18.2-270(B)(3), in addition to any other prison sentence imposed. 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%. 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. 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. One of the easiest ways for the Commonwealth to prove a DUI in Virginia is to prove the driver`s blood alcohol level.
Blood alcohol levels in Virginia are measured by a breathalyzer test taken at the police station after a driver was arrested for drunk driving. According to Va. Code §18.2-269(A), the blood alcohol level results of this test are an indication of the driver`s blood alcohol level while driving. Unlike preliminary breath test (PBT) results, breathalyzer blood alcohol readings can be detected against a driver in an impaired driving study. For more information on alcohol testing in Virginia, click here. The officer should offer you a preliminary breathalyzer, in which you inhale into a small device that immediately tells the officer how much alcohol is in your breath. This preliminary breathalyzer test can be used by the officer to determine a likely reason for your arrest. This test cannot be used by the prosecution in the trial to prove that you were drunk. A first offence of impaired driving is a Class 1 offence. Some drivers may face criminal offences for subsequent offences. A third DUI is charged as a Class 6 felony. Certainly, a crime is more serious than a misdemeanor, but both are criminal convictions that remain in a driver`s record.
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 addition to criminal penalties, your driver`s license will be suspended or revoked, the DMV will add driving merit points to your driving record, and your insurance rates will increase. If the idea behind blood alcohol limits is to keep impaired drivers off the road, lowering the legal limit is unlikely to achieve that goal. Avoiding driver-impaired crashes is a goal worth supporting, but lowering the legal blood alcohol limit will likely only affect moderate drinkers who pose no threat to public safety. The NTSB`s recommendation of a blood alcohol limit of 0.05 is so low that a 120-pound woman could be prosecuted for driving after consuming a drink. A few beers for dinner could push a 150-pound man above the legal threshold. Our drunk driving laws should target hardened offenders, not responsible social drinkers. A driver under the age of 21 who commits a DWI loses their driver`s licence for one year and is liable to a fine of up to $500. A person who commits impaired driving by minors may also be invited to participate in an alcohol safety action programme and to drive with a restricted driver`s licence. If the offender is 18 years of age or older and has a blood alcohol concentration of 0.08 or higher, they may be subject to penalties that apply to impaired drivers 21 years of age or older. 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. 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. The criminal judge may order a first-time offender to use a contact lock for up to one year after the driver`s licence is reinstated. A person who commits a second or subsequent offence and commits a DWI with a blood alcohol concentration of 0.15 or higher must continue to use a contact lock for at least six months after the right to drive is restored. However, the judge may order the offenders to use the device for a period not exceeding the licence suspension period. 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. 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 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.
