Virginia DUI & Traffic Law DefenseVIRGINIA TRAFFIC & DWI / DUI DEFENSE ATTORNEYSVirginia traffic lawyers of SRIS, P.C. defend DUI & DWI (drunk driving) law & traffic law cases.SRIS, P.C. has a number of excellent Virginia traffic attorneys and DUI & DWI lawyers in its offices in Fairfax, Lynchburg, Manassas, Richmond, Virginia Beach, Virginia. The firm's traffic attorneys represent clients who are charged with DUI (Driving under the influence), DWI (Driving while impaired) offenses. (See also Virginia Code 18.2-266 ). It is important to retain a SRIS, P.C. Virginia DUI-DWI traffic attorney as soon as possible. In addition to fines, your driver's license may be revoked or suspended in the state of Virginia. Also, depending on your BAC, you may face mandatory jail time if convicted of a DUI or DWI. If you wish to consult a SRIS, P.C. DUI attorney or Virginia traffic lawyer, please simply contact us via e-mail, phone, or by filling out our on-line form. A Virginia DUI lawyer or traffic defense attorney of SRIS, P.C. will gladly consult with you regarding your matter.
A conviction of Virginia DUI-DWI charges or traffic moving violation may also cause your insurance company to increase your rates to an unmanageable level. Due to the fact that there are many different types of Virginia traffic violations in addition to DUI in Virginia, we have provided additional information about the following types of Virginia traffic offenses: Virginia traffic violations, Virginia speeding tickets, Virginia reckless driving & Virginia driving on a suspended or revoked license. We hope this information will provide you greater guidance in your quest for information and defense of Virginia moving violations. To obtain a general overview of DUI/DWI defense, please click here. Virginia DUI/DWI Commonly Asked Questions.The following are some of the questions; the clients of SRIS, P.C. ask us when they have been charged with a DUI/DWI offense.
This is my first DUI charge in Virginia. What is the law in Virginia regarding a first offense DUI? (top)A conviction for a DUI/DWI offense in Virginia is a class 1 misdemeanor. What is a class one misdemeanor mean? A class 1 misdemeanor in Virginia is punishable by up to one year in jail and/or up to $2500 in fines. Is there anything else that is going to happen to me if I get convicted of a DUI in Virginia for the first time? (top)Like most states, Virginia requires all individuals who have been convicted of a DUI to enter in and successfully complete an Alcohol Safety Action Program (Commonly referred to as ASAP. Will I loose my license if I am convicted of 1st offense DUI in Virginia? (top)Yes, if you have been convicted of a first offense DUI in Virginia, then the law requires that you license to drive in Virginia be revoked for a period of one year. I blew a .08 BAC at the police station. What does this mean? (top)In Virginia, if you blow into the Intoxilyzer 5000 and your blood alcohol content (BAC) is a .08 or higher, the presumption is that you are DUI/DWI. If your BAC is .08 or higher, you automatically have your license suspended for seven days. Please keep in mind that this is separate and apart from the 1 year loss of your license to drive in Virginia for one year. However, it the Commonwealth of Virginia's burden to prove that if you are charged with refusal in Virginia, that your refusal was unreasonable. Is the law tougher on those who have a BAC higher than a .08 in Virginia? (top)A BAC of .15 or higher does have mandatory penalties even for first time DUI/DWI offenders in Virginia. Please see the chart to see a comprehensive list of penalties for those who are convicted of have a BAC of .15 or higher in Virginia. Is there any good news regarding the revocation of my license in Virginia for a DUI/DWI? How am I going to get to work? (top)The law does give the Court authority to grant a person who is convicted of a first offense DUI/DWI in Virginia to get a restricted license. What can I do with a restricted license in Virginia? (top)The following are the different things a person with a restricted license for a DUI/DWI can do in Virginia:
What does the implied consent test mean? (top)By Virginia law, if you drive or operate a motor vehicle upon the public highways of Virginia, you have automatically agreed to take a chemical test by virtue of you getting behind the wheel. The test is mandatory, not optional. Failure to take the test will result in your license being immediately suspended for seven days. You will also be charged with refusal to take a breath test. If you are convicted of a refusal in Virginia, then you will loose your license for one year and you are not eligible for a restricted license. That means no driving, no matter what. If I am under the age 21, can I still be charged and convicted of a DUI even if my BAC was not a .08? (top)If you convicted of a Virginia DUI/DWI and you are under 21, your BAC will determine what the penalty will be. If your BAC 0.02 or higher but less than 0.08, you can be fined up to $500 and have your driver's license suspended for six months. To learn more, please read about the DUI/DWI laws and underage possession of alcohol in Virginia. However, if your BAC is .08 or higher, then your penalties will be the same as a driver over 21. I have a CDL and I operate a commercial vehicle. Are the laws different for those who have a CDL? (top)A number of our clients are commercial vehicle drivers such as truck drivers, heavy equipment operators, etc have been charged with a DUI/DWI. Therefore, we recognize that some of our clients are faced with the daunting prospect of loosing their job if they are convicted of a DUI/DWI. The law in Virginia regarding a DUI/DWI for those who possess a CDL is that there is a mandatory loss of the CDL if your BAC is.04 or higher at the time of the person operating a commercial motor vehicle. The law is even more severe if the commercial vehicle operator was transporting hazardous materials at the time of the stop by the police officer. This will cause the person possessing the CDL to loose their license for three years. Again, a refusal of a blood or breath test in Virginia will result in a one year loss of the person's CDL. Lastly, a lot of our clients ask us what will a conviction for a DUI/DWI do to their automobile insurance rates? (top)If you are convicted of a DUI/DWI in Virginia, your insurance rates will definitely go up. Car insurance companies require those who have been convicted of a DUI/DWI in Virginia to get a special type of high risk insurance called an SR-22. This is a very expensive insurance policy. If you do not get this insurance policy, your insurance company will most likely drop your insured status. If you are stopped and the officer finds out you do not have car insurance, then you will be charged with a separate offense. What if I am convicted of DUI/DWI related injury in Virginia? (top)If you are convicted of a DUI/DWI and another person was hurt as a result of you driving under the influence, the penalties are significantly higher. You are strongly urged to consult with a Virginia DUI/DWI defense lawyer. To learn more about the laws pertaining to DUI/DWI/OUI laws in Maryland or Massachusetts, please click on the state. Why do I need a SRIS, P.C. Virginia DUI - DWI lawyer? (top)The media often makes it seem as if DUI or DWI charges are no-win situations. Because of this, many people unwittingly face a criminal system armed with unlimited resources to convict violators. However, the Virginia DUI - DWI law lawyers of SRIS, P.C. have proven time and time again, it IS possible to defend drunk driving (DUI) charges AND to avoid DUI convictions. Please click on DUI & DWI to view some of the different Virginia DUI & DWI laws and penalties. The Virginia DUI - DWI law attorneys of SRIS, P.C. can advise you as to whether you were stopped without proper authority, subjected to fallible sobriety tests, or arrested because of inaccurate intoxilizer readings. Unfortunately, none of this matters if you do not consult a SRIS, P.C. Virginia DUI - DWI law defense attorney to challenge the prosecutor's case. DUI offenses in Virginia result in six points on your driving record and stay on your record for eleven (11) years with the exception of the underage DUI which stays on your record for three (3) years. The following are the different driving under the under the influence offenses in Virginia:
We have Virginia DUI & traffic attorneys and offices located in Fairfax, Lynchburg, Manassas, Richmond & Virginia Beach but our Virginia DUI & traffic lawyers provide legal representation to clients charged with DUI/DWI all throughout Virginia. Our Virginia DUI - DWI lawyers and staff speak various languages, including English, Tamil, Spanish, French, Hindi, Cantonese, Mandarin, and Telugu. When you hire a SRIS, P.C. Virginia traffic defense lawyer, you receive the experience and backing of a law firm that has a statewide presence throughout the Commonwealth of Virginia. Our Virginia traffic defense lawyers also regularly defend clients who have been charged with serious traffic ticket violations. The traffic attorneys at the Law Offices of SRIS, P.C. are well known for the quality of representation their clients receive when they are called upon to defend traffic charges such as reckless driving, driving on suspended or revoked license, aggressive driving, speeding, etc. If you wish to learn more about these serious traffic violations in Virginia, please visit our informational pages regarding reckless driving , driving on suspended, aggressive driving and speeding offenses. Please keep in mind that a conviction for a Virginia moving traffic violation will result in points on your driving record and it also has the potential to significantly increase your auto insurance premiums. Additionally, most of the serious traffic charges in Virginia have an additional bite of either a suspension of your driving privilege or actual jail time or both depending on the severity of the traffic offense. Therefore, it is very important to defend even a first time Virginia traffic ticket summons. Do not take a Virginia uniform summons lightly. Call us today for a consultation with a Virginia traffic defense lawyer who understands the importance of defending you and not take your case lightly. There has been a lot of discussion in the media lately about the new traffic ticket law that is going to make driving in Virginia almost impossible if you are convicted of certain types of traffic violations. This new traffic law goes into effect as of July 1, 2007. Pursuant to Virginia Code § 46.2-206.1 the penalties for being convicted of any of the following charges will result in significant "CIVIL REMEDIAL FEES". It is now more important than ever to do everything in your power to avoid a conviction if you are charged with a traffic offense. The new law was introduced as HOUSE BILL 3202/CHAPTER 896 This is a general explanation of the new civil remedial fees in Virginia. (top) 1) Virginia Civil Remedial Fees. The Virginia legislature created the "civil remedial fees" to be assessed against Virginia residents convicted of certain motor vehicle-related or driving crimes. These Virginia civil remedial fees will not apply to traffic infractions like failure to obey a highway sign or failure to yield or parking too near a hydrant. They apply only to certain Virginia motor vehicle-related or driving felonies and misdemeanors (certain motor vehicle related or driving offenses which are crimes). The civil remedial fees will also be assessed against juveniles in Virginia who have been found delinquent because they committed one of these motor vehicle-related or driving felonies or misdemeanors in Virginia. The civil remedial fees will not be assessed if the Virginia juvenile court defers a final judgment against the juvenile and does not find the juvenile to be delinquent. (2) Purpose. The statute states that the purpose of these fees is "to generate revenue from drivers whose proven dangerous driving behavior places significant financial burdens upon the Commonwealth of Virginia." (3) Effective date. These fees are assessed upon convictions of the applicable offenses only if the crime was committed on or after July 1, 2007 in Virginia. (4) An additional fee. In one important way, these fees are like court costs. That is, if the fee is applicable to a particular conviction, the court must assess the entire civil remedial fee. However, these civil remedial fees cannot be suspended or reduced. Instead, by law, an applicable civil remedial fee must be assessed by the court in full. Finally, the law provides that "The civil remedial fees established by this section shall be in addition to any other fees, costs, or penalties imposed pursuant to the Code of Virginia." (5) Virginia residents only. The civil remedial fee is applicable to Virginia "residents" convicted of these crimes. The law provides that "The civil remedial fees established by this section shall be assessed on any resident of Virginia operating a motor vehicle on the highways of Virginia, including persons to whom Virginia driver's licenses, commercial driver's licenses, or learner's permits have been issued pursuant to this title; and persons operating motor vehicles without licenses or whose license has been revoked or suspended." (6) Three-part fee. The civil remedial fees are imposed in three equal parts. If the fee applies, the court will order the first part of the fee to be paid to the court following the conviction. The court will also order that the second part of the fee must be paid to the Department of Motor Vehicles (DMV) within 14 months and, then, that the third part of the fee must be paid within 26 months of the conviction. DMV will tell people who owe the second and third parts of the civil remedial fees when those parts of their fees will be due. (7) Virginia Fee schedule. The civil remedial fees are as follows: (a) Driving on a suspended license: $250 to the court upon conviction, with two additional payments of $250 each due to DMV, one within 14 months of conviction and the other within 26 months of conviction. (8) Installment or deferred payment plans. Civil remedial fees paid to the courts (the first part of the three-part civil remedial fee) may be included in the installment or deferred payment plans which courts use now for the payment of fines and costs, upon request and approval. The judge or the clerk of the court which convicts the person sets up the payment plan. These court-ordered installment or deferred payment plans will not apply to second and third parts of the civil remedial fee, which are to be paid to DMV. (9) Prepayable offenses. The civil remedial fees do apply to two motor vehicle related or driving misdemeanors which are on the table of so-called "prepayable"offenses. When an offense is prepayable, the accused person may plead guilty by paying to the court before the trial date the entire prepayable fine and court costs. Because these two offenses require the civil remedial fee, a person prepaying one of these two offenses must pay to the court not only the set prepayable fine and court costs, but also the first part of the three part civil remedial fee (the part due to the court). If the entire amount due for the prepayable offense is not sent to the court at the same time, the court cannot accept the payment. Once the civil remedial fees become effective, the references in the table of prepayable offenses to these two offenses will look like this: Rule 3C:2. Virginia Uniform Fine Schedule. (top)Description of Offense Statute or Regulation Fine Processing Fee Total Drinking alcoholic beverage while driving motor vehicle 18.2-323.1 $35 (Plus $900 civil remedial fee due in three payments: $300 due to court with fine and costs, $300 payment due to DMV within 14 months of conviction, and $300 payment due to DMV within 26 months of conviction. Civil remedial fee applicable to VA residents only.) $61 $396 Refusing officer's order to drive vehicle to weighing station 1. Driving while his driver's license was suspended or revoked pursuant to § 18.2-272,
VA Code Section 18.2-51.4 DRIVING WHILE INTOXICATED, MAIMING 1ST (C ) 5 $1,000 Felony 6 Virginia Code Section 46.2-341.6 DRIVE Commercial Motor Vehicle (CDL) - MORE THAN ONE LICENSE (C)4 $300 Misdemeanor 2 46.2-817 ELUDE POLICE - MISDEMEANOR (C)4 $300 Misdemeanor 3 For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form. We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code. |
