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DUI/DWI Archives

With DUI, what happens in Virginia may not stay in Virginia

What happens in Vegas stays in Vegas. That's a tourism tagline nearly everyone has heard at some time. High on the same list is "Virginia is for Lovers." People from all over the United States come to this region of the mid-Atlantic to take in the history, be impressed by the naval might on display and vacation on the shores of the ocean and the Chesapeake.

What's in a name? As to impaired driving charges, not much

The language of Virginia law when it comes to driving under the influence of anything is pretty straightforward. If you operate any motor vehicle under the influence of any intoxicating substance, you can be arrested and charged with driving under the influence.

What's the possible penalty for a first time DUI in Virginia?

Just about a year ago, that we wrote about consequences an individual in Virginia could face if convicted for a third time for driving under the influence. Penalties can be serious in such cases. So can they be for first time DUI offenses, however, so anytime a charge is brought you should be prepared to do all you can to protect your rights. Working with a skilled attorney is the way to do that.

DUI VS. DWI? IS THERE A DIFFERENCE?

What is the difference between DUI and DWI in Virginia? DUI vs. DWI?

As DUI Attorneys in Hampton Roads, we are often asked this question, but the answer is simple: there is no difference between a charge of DUI or DWI in Virginia.  The two mnemonics are synonyms and reference the exact same behavior prohibited under Virginia Code Section 18.2-266.  Under the Virginia law, it is unlawful to operate a motor vehicle while under the influence of alcohol, any narcotic drug, or any other self-administered intoxicant or drug of whatsoever nature.

DUI OR DWI FIELD SOBRIETY TESTS BROKEN DOWN

DUI or DWI Standardized Field Sobriety Test: What is it?

Anyone who has had the unfortunate experience of being suspected of DUI or DWI has likely been asked to perform a number of field sobriety tests by the police.  The National Highway Traffic Safety Administration (NHTSA) has created the Standardized Field Sobriety Test (SFST) Battery to assist officers in determining whether an individual is under the influence of alcohol.  The SFST Battery consists of three tests: (1) the Horizontal Gaze Nystagmus Test; (2) the Walk and Turn Test; and (3) the One-Leg Stand Test.  While officers often use additional tests in their determinations for DUI or DWI, these are the three main tests approved by NHTSA.

FACING A 3RD DUI CONVICTION: WHAT SHOULD I DO NOW?

A 3rd DUI conviction has a number of serious consequences. A 3rd DUI conviction within ten years results in a mandatory ninety days of incarceration, plus a $1,000 fine and an indefinite suspension of your driver's license. A 3rd offense within five years has an even stiffer penalty: a mandatory six months in jail. Unlike first or second offense DUI, a DUI 3rd is a felony that is punishable by a maximum of five years in prison and a $2,500 fine. In addition, someone convicted of DUI third offense cannot even apply for a restricted driver's license for three years following conviction.

WHAT TO DO IF SUSPECTED OF DUI IN NEWPORT NEWS, HAMPTON, WILLIAMSBURG, OR YORK COUNTY?

Charged with a DUI?

Obviously, the best way to avoid the possibility of getting a DUI is to not drink and drive. However, drinking and driving alone is not illegal. It is the operation of a motor vehicle "while under the influence of alcohol" that is unlawful. https://vacode.org/18.2-266/. In Virginia, as in every other state, a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test is sufficient to establish that you are "under the influence of alcohol."

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