VIRGINIA DUI LAWYERS & VIRGINIA DWI DEFENSE ATTORNEYS
DEFENDING CLIENTS IN STATE AND FEDERAL COURTS
Virginia DUI laws
The Virginia DUI defense attorneys of SRIS, P.C. have offices in Fairfax, Lynchburg, Fredericksburg, Manassas, Richmond, Virginia Beach.
Our Virginia DUI attorneys of SRIS, P.C. have taught police officers and prosecutors DUI laws.
If you wish to consult a SRIS, P.C. DUI attorney or DWI lawyer, please contact us via phone, or by filling out our on-line form.
A Virginia DUI lawyer of SRIS, P.C. will gladly consult with you regarding your matter.
Special Note: If you have been charged with a DUI or DWI on federal land such as the George Washington (GW) Memorial Parkway, or on Fort Meyer, Quantico or Fort Belvoir or on any other military base, you need a Virginia DUI lawyer who is experienced in handling drunk driving offenses in federal court. The attorney you contemplate retaining to assist you must be experienced in handling criminal and traffic matters and familiar with the federal system.
The following are some of the State of Virginia Driving Under the Influence and Driving While Intoxicated Laws to learn more about them:
DUI LAWS
VA Code §18.2-266 – DUI of Alcohol and Drugs
When operating a motor vehicle, boat or water craft in Virginia, you are legally considered driving or operating under the influence if your blood alcohol content (BAC) is 0.08% or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or water craft is impaired. If your driving is affected because your are under the influence of any drug, you may face the same penalty as driving under the influence of alcohol.
VA Code § 18.2-270 – DUI Penalties
A first DUI offense in Virginia carries a mandatory jail sentence of at least five days and up to 10 days. A second DUI offense within five years in Virginia carries a mandatory jail sentence of at least twenty days and up to one year. A third DUI offense will be prosecuted as a Class 6 felony. If your BAC is 0.20% or higher at the time of the first or second offense, you face additional mandatory jail time.
VA Code § 18.2-270 – Transporting Children While Driving Under the Influence
You are subject to a extra penalty in Virginia if you have children under age 18 in the motor vehicle when you are driving under the influence of alcohol or drugs. There is an additional fine of up to $1000 and mandatory minimum confinement of five days.
VA Code § 46.2-301.1 – Vehicle Impoundment
The vehicle you are driving in Virginia will be immediately impounded or immobilized for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The owner of the vehicle may petition the court for release of the vehicle. Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a 1 misdemeanor.
VA Code §46.2-391.2- Administrative License Revocation
Your driver’s license in Virginia will be automatically revoked by the arresting officer for seven days if your BAC is 0.08% or higher or if you refuse to take a breath test. You no longer have the option of requesting a blood test instead of a breath test for an alcohol related offense.
VA Code §18.2-323.1 – Open Container
You may be charged with drinking while operating with an open container of alcohol in Virginia if your are stopped by law enforcement and you have an open container of alcohol in the passenger compartment and the contents have been partially removed, and you exhibit signs that you have been drinking. The passenger area means the area designed to seat the driver and passengers and any area within the driver’s reach, including an unlocked glove compartment.
Virginia Code §18.2-270.01 – Ignition Interlock System
If convicted of a second DUI offense within five years of a first offense in Virginia, you will lose your license for three years. You must use an ignition interlock for six months for more on every motor vehicle you own or co-own.
