Driving while drunk or under the influence of drugs is no joke. You could face serious consequences, including jail time if charged with driving under the influence (DUI) in Virginia–even with a low blood alcohol concentration (BAC)–which is why you need to retain a Virginia DUI attorney if you find yourself in this position.
How Intoxication Is Defined in Virginia
If you are over twenty-one years old and your BAC is 0.08% or higher, this is enough for a conviction, regardless of your driving ability. The legal limit for commercial drivers is 0.04%. If you’re under twenty-one, it is illegal to drink, and Virginia has a zero-tolerance policy.
An officer of the law can arrest you if they believe your driving is affected by alcohol, drugs, or a combination of the two. They are trained to look for common signs of impairment, including a flushed face; red, watery, glassy or bloodshot eyes; the smell of alcohol; slurred speech, fumbling when trying to get a license or vehicle registration; non-compliance with questions; swaying or stumbling; leaning on the car for support; inappropriate attitude (combative, jovial); rumpled appearance, disoriented behavior; and an inability to follow directions.
Understanding Potential Jail Times
Unlike other offenses, there is no lightening of sentences for good behavior if you are convicted of DUI and receive a jail sentence. Here is a breakdown of potential jail terms and other punishments associated with a conviction:
- First offense with BAC under 0.15%: This has no mandatory jail time, a $250 to $2,500 fine, and up to a one-year license suspension.
- First offense with BAC over 0.15%: Mandatory jail time varies depending on the BAC level. For 0.15% to 0.20%, there is a five-day minimum sentence. For 0.21% or higher, you’ll spend a minimum of ten days in jail.
- Repeat offenses within ten years carry mandatory jail time for each offense.
- Penalties for first-time violators under twenty-one with 0.08% BAC or higher are the same as an adult for a first offense. Penalties are less severe for BAC between 0.02% and 0.07%.
- Ignition-locking devices are required for anyone with a DUI conviction when they return to driving, regardless of the BAC level.
DUI jail terms are non-negotiable; you will serve every minute if convicted. When arrested for DUI, some jails allow the person to get a ride home with a sober driver even if they’re still intoxicated. The longest you can be held is until your court date unless bond is denied. Bond denial is rare for DUI charges unless there are extenuating circumstances.
DUI penalties are more severe if there was a child in the car at the time of the arrest, the driver had a commercial license and was operating a commercial vehicle, the defendant refused to submit to a blood or breath test, or there was property damage or injury to a person.
Three-Hour Law Explained
If you drive in Virginia, you are obligated to take a breath or blood test within three hours of driving if charged with DUI. This law exists to ensure public safety and is referred to as Virginia’s Implied Consent Law. If you refuse the test, you could face an additional charge of unreasonable refusal.
Conversely, the three-hour law protects drivers from accusations of unreasonable refusal if arrested after three hours have passed since driving or in accident cases where the officer didn’t see you driving.
Don’t Panic if Charged With a DUI–Get a Lawyer
DUIs have serious consequences and DUI laws in Virginia are complex. Navigating them alone is daunting and could make your situation worse if you try to defend yourself on your own. You don’t want a conviction to stay on your record for life and seriously impact your future.
If you find yourself facing a DUI charge in Virginia, call Coastal Virginia Law to find out if you can get a DUI on a bicycle and how much DUI attorneys charge. We are a top-rated law firm that understands the intricacies of the law and will fight for your rights. Depending on the circumstances, there may be ways to challenge the evidence, negotiate a plea bargain, or even get the charges dismissed. Let us take the lead!