What Is DWI?
DWI is the abbreviated term for driving while intoxicated. Intoxication most commonly refers to alcohol use.
Driving while affected by medications or other drugs is more typically classed under DUI (driving under the influence), or DUID (driving under the influence of drugs). DUI can also refer to driving with alcohol in the system. This is explained further below.
The Law On DWI
In Virginia, the term DWI is often used interchangeably with DUI, or driving under the influence. But examining the law more closely, the two charges are actually slightly different.
DUI can refer to driving with any alcohol in the system. Essentially, if even a small amount of alcohol is deemed to have impaired your driving, you can be charged with a DUI.
DWI, however, refers almost exclusively to having a blood alcohol reading of 0.08% or higher. Thus, DWI explicitly means driving while intoxicated; in other words, being so drunk that you are considered too impaired to responsibly control a motor vehicle.
Penalties For DWI
For a first DWI offence, the penalty is usually minor but can also be considered a criminal offense. While the law states that you can be jailed for 12 months, it is very rare for a sentence this harsh to be handed out or a first offence. Typically, you will receive a monetary fine of around $250.
However, if you have a very high blood alcohol reading, you will also be sentenced to a short period of time in jail. This tends to be five days for a reading of 0.015% to 0.019% and ten days for a reading higher than 0.020%.
Repeat offences will attract more severe penalties, with fine amounts and time in jail increasing, depending how many DWI offences you have incurred within a five or ten year period. The most serious is five DWI offences within five years. This will land you a minimum of six months in jail and a $2,500 fine.
What To Expect At Court For A DWI
Attending court can be intimidating. So, it is important that you have a basic understanding of what to expect, as this can help alleviate some of the stress.
First, your lawyer will do most of the talking on your behalf. It is unlikely you will be called to the stand, as most DWI cases are considered by the courts to be fairly simple and are resolved quickly.
The blood alcohol limits given above create an important distinction for the courts. A reading of over 0.08% means the court will presume that you were intoxicated. A reading of lower than this, means the court needs to prove you were intoxicated or impaired and not fit to drive.
Basically, readings of less than 0.08% represent something of a grey area within the law. Whereas if you are over this limit, it is impossible to argue that you were not too impaired to drive.
I’ve Been Charged With A DWI; What Should I Do?
The very first thing you should do is seek appropriate legal advice. This article is designed to provide general information; however, it should not take the place of considered advice from a professional. Working with lawyers experienced in DWI cases is the best way to be prepared.
A lawyer can help you to understand the charges, potential penalties, and assist with preparing your case for court. You should gather all useful, factual information for your lawyer and be honest with them when discussing the charges and circumstances. This will help them to offer you the best possible service and support.