Is a DUI considered a serious crime?
DUI, the criminal offence of driving under the influence of a substance which may impair driving ability, such as alcohol or drugs, is considered a misdemeanor crime. This means it’s deemed less serious than many other offences. But it’s still important for you to remember that it is classed as a crime, which means it still attracts criminal penalties.
Another critical thing to remember is that serious cases of DUI can be deemed felony offences by the court. If you’re involved in a car accident in which someone loses their life, for example, your DUI is considered a far more serious matter, given it occurred within the context of other, more serious crimes. Likewise, if your blood alcohol reading is detected to be vastly higher than the legal maximum, it may be deemed a felony charge instead of a misdemeanor.
In Virginia, they prefer to use the legal term DWI, or “driving while intoxicated”. Both DUI and DWI in Virginia refer to the act of operating a motor vehicle, boat, or watercraft with a blood alcohol reading of 0.08% or higher. This is also important for you to know, as this percentage rate can differ between states.
So what happens when a DUI case goes to trial? We’ll explore this question below.
I plead not guilty, what happens now?
Under Virginia law, you’ll be given the option early on of whether you wish to plead guilty or not guilty before the courts. If you plead guilty, your matter will proceed quickly, and you will be handed a sentence or penalty by the judge. The severity of the sentence will depend on the nature of your DUI, whether it’s a felony or misdemeanor, and any other charges that may accompany it, depending on the circumstances of your offending.
If you choose to plead not guilty — which is your legal right under the US Constitution — the matter will proceed to a trial. This means that the case will be subject to greater scrutiny by the courts, calling witnesses, and both sides needing to provide evidence so that a jury can make an informed decision, which will then be enforced by a judge. It is a good idea to seek legal advice before choosing to plead either guilty or not guilty.
What is involved in a criminal trial?
A criminal trial in Virginia involves both sides of the case, the defence and prosecution, presenting their arguments and evidence before a judge, to enable the judge to make a decision about guilt, conviction, and sentence. The prosecution is the state, or police, and they will be seeking to prove that you are guilty of the DUI by presenting the evidence they have available. You are the defence, whereby you, via your lawyer if you have representation, will seek to argue on one, or some of the following points:
- That you are not guilty of the crime
- That you are guilty, but had a good reason for committing the crime
- That your actions were unavoidable and not your fault
- That you deserve a lesser penalty for a specific reason or reasons
Whatever you and your lawyer choose to try and argue will depend entirely on the situation and the evidence you have to present.
What can I expect during the trial?
A trial sounds scary, and being in a courtroom can feel intimidating. But it may put your mind at ease somewhat to learn that the burden of proof lies with the prosecution in all criminal cases. That means that it’s up to the State of Virginia to prove you committed the offence, and it’s not up to you to prove you did not. Even if you and your lawyer can argue sufficiently that the jury has any reasonable doubt of your guilt, they must find you not guilty.
During the trial, you should expect a great deal of talking from both sides. Prosecution and defence will make their opening arguments, question and cross examine witnesses, and present their evidence. This process can take a long time, largely depending on how many witnesses need to be called and how much evidence there is.
After all this, the jury will make a determination of your guilt, and the judge will decide on a sentence.