WHAT IS DRIVING UNDER THE INFLUENCE?
In Virginia, DUI can take many forms. However, the most common type of DUI charged in Virginia is a violation of Virginia Code Section 18.2-266 as it relates to alcohol.
Virginia Code Section 18.2-266(DUI)
Code Section 18.2-266 sets out .08 as the “legal limit” in Virginia for DUI cases, it states in part:
“It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test”
In addition to the language listed above, Virginia Code Section 18.2-266 (DUI) also criminalizes Driving Under the Influence of Drugs (DUID).
Whether you are charged with DUI or DUID, Mr. Rock will work with you to develop a comprehensive legal defense strategy. As a lawyer in Leesburg he has represented hundreds of DUI clients and has a thorough understanding of the complexities of these cases
WHAT IS THE PUNISHMENT FOR DRIVING UNDER THE INFLUENCE?
Upon conviction for a first DUI, defendants are exposed to numerous potential punishments including:
- Incarceration for up to 12 months
- Criminal Record
- Fine of up to $2,500.00
- Loss of Driving Privileges
- Ignition Interlock
- Supervised Probation
DUI PUNISHMENT AND YOUR BLOOD ALCOHOL CONTENT (B.A.C.)
In Virginia, there are enhanced mandatory minimum punishments for persons convicted of DUI with an elevated B.A.C (Blood Alcohol Content). These include a mandatory term of incarceration of 5 days in jail for a DUI conviction where the B.A.C. level is between .15 and .20 and a mandatory term of incarceration of 10 days in jail for a DUI conviction where the B.A.C. level is above .20.
In addition to the DUI punishments listed above, persons convicted of a second or subsequent DUI face enhanced punishment which can include additional loss of license, additional jail time and other court requirements.
Persons charged with third or subsequent DUI can be convicted of a felony depending on the circumstances. A felony DUI conviction can lead to long term incarceration and permanent revocation of your right to drive in Virginia.