What Is DUI?
DUI is the shortened term for driving under the influence. This means operating a car, truck, motorcycle, or boat while affected by alcohol or drugs. It is important to note that this does not necessarily mean being heavily intoxicated.
In Virginia, the law dictates that a blood alcohol reading of 0.08% or higher means you are too drunk to legally drive. However, you can potentially be charged with a DUI with a lower reading than this, depending on the circumstances.
Being affected by illegal drugs or some medications can also result in being charged with a DUI. Note that driving after taking drugs or medications is sometimes referred to as a DUID. The terms DUI and DWI (driving while intoxicated or impared) can often be used interchangeably.
Understanding Blood Alcohol Limits
As noted above, 0.08% is the cut-off limit in Virginia for being deemed unable to legally drive. In some cases though, a reading of 0.06% or 0.07% can be considered too high and could lead to you being charged with DUI.
It all depends on your conduct when operating the vehicle. If you become involved in an accident or are observed driving in an unsafe manner, police may charge you with DUI, even if your blood alcohol is lower than 0.08%.
Is DUI A Criminal Offence?
In most cases, a DUI is considered a misdemeanour offence in Virginia. While this is notably less serious than a felony offence, it is still deemed a crime.
As a Class 1 misdemeanour offence, if you are charged and convicted, it will remain on your criminal record for 11 years in Virginia. While this is obviously not good news for anyone convicted of a DUI, it can be far worse if the offence is deemed a felony instead of a misdemeanour.
Misdemeanour DUI vs. Felony DUI
There are some instances where a DUI may be classed as a felony. This has serious implications since a felony is considered far more serious than a misdemeanour. Situations where a DUI may be deemed a felony instead of a misdemeanour include repeat offences, or where serious injury or damage occurs as a result of an accident while you are under the influence.
What Are The Penalties For A DUI?
The law states that being found guilty of a DUI in Virginia, for a first offence, carries penalties of a fine up to $2,500 and one year in jail. But it would be exceptionally rare for the courts to impose such a harsh punishment for a first offence. It is not impossible—just incredibly unlikely.
In most cases, the potential penalties for a DUI depend mainly on whether the offence is classed as a misdemeanour or a felony. And a first time DUI offence is usually always deemed a misdemeanour.
For a misdemeanour DUI in Virginia, the mandatory minimum fine is $250. If your blood alcohol reading is 0.15% to 0.019%, you will also serve a minimum of five days in jail.
If your blood alcohol reading is 0.020% or above, this minimum jail term increases to ten days. Subsequent convictions within five and ten year periods carry heavier penalties with a minimum $500 fine and one month in jail.
A third conviction within ten years results in the DUI being deemed a felony. If the three DUIs were committed within a ten year period, the mandatory minimum jail term is 90 days. If they were all committed within five years, this increases to six months in jail and a fine of $1,000.
In addition, your vehicle may be seized and forfeited. Additional offenses following this will receive even more severe penalties, including another fine of $1,000 and a minimum of one year in jail.
I Am Facing A DUI Charge. What Should I Do?
The very first thing you should do when facing a DUI charge, whether it be your first offence or a repeat violation of the law, is to seek appropriate legal advice and getting the right DUI lawyer. The information contained here is intended as a guide only and should not be considered a substitute for professional legal advice.
It is important that you are honest with your lawyer and inform them of all relevant facts to the best of your recollection. This will help your lawyer to provide you with the best advice and assistance.