Virginia DUI Penalties Among Toughest in Nation

Virginia's DUI laws are no-nonsense and provide some of the most severe consequences of any state in the nation.

2010-10-31

October 31, 2010 (Press-News.org) Motorists on Virginia's scenic roads take note: if you drive under the influence (DUI) of alcohol or drugs (even legal prescription medications if they have a sedating effect), you will be caught, and you will face stiff penalties.

Virginia's lawmakers have taken a firm stance against impaired driving in an attempt to slow the tide of DUI-related crashes, injuries and fatalities -- an alcohol-related crash occurs about every two minutes somewhere in America, and every half an hour someone dies in one. Virginia's DUI laws are no-nonsense and provide some of the most severe consequences of any state in the nation.

How Are Virginia's Laws Different?

In a word -- tougher. They are also more comprehensive, making no distinction between motor vehicles, boats, other watercraft, motorcycles, scooters and mopeds. If you are operating any motorized vehicle on any public roadway or waterway in the state, you are subject to these laws if you are impaired by a blood alcohol level of .08 percent (BAC) or greater or by a slowed reaction time due to the effects of an illicit or prescription drug.

Virginia gives police officials plenty of authority to investigate and arrest suspected drunken or drugged drivers. If an officer has probable cause that your impaired driving was the cause of a motor vehicle accident, you can be arrested at any location and without a warrant within a three-hour period following the collision.

Also, unlike in other states, Virginia does not offer motorists suspected of DUI a choice between a breath and blood test to determine blood alcohol levels. You have to take the test offered, and refusing to do so is a criminal offense in and of itself. A conviction on the charge of refusing to take a breath test will result in a drivers' license suspension of at least a year, with no option of seeking a restricted or special-needs license during that time. Additional refusals (of either breath or blood tests) will result in an additional period of administrative license suspension.

What Are the Penalties for a Conviction?

First offense:
- Minimum $250 fine
- Administrative license revocation for one year

Second offense:
- Mandatory $500 fine
- License revocation for three years
- Possible incarceration for up to one year (a minimum of 10 days if the second conviction is within 10 years of a prior one; 20-day minimum if the second conviction is within five years)

Third offense:
- Mandatory $1,000 fine
- Indefinite license revocation (possibly permanent)
- Prosecution as a Class 6 felony
- Mandatory six-month jail sentence if all three convictions occur within a five-year period
- If all three are within a ten-year period, there is a mandatory 90-day jail term and civil forfeiture of your vehicle (if you own it free and clear)

The higher the BAC, the higher the stakes. If your BAC is .15 percent but less than .21 percent at the time of arrest, there is a mandatory minimum five-day jail sentence for a first offense in addition to the existing penalties. A BAC of .21 percent or more carries a minimum ten-day stay in jail. If an aggravated DUI like this one occurs twice in a 10-year period, the minimum jail sentence rises to 20 days.

Any DUI arrest or conviction will result in your having a criminal record. This could jeopardize future educational, financial, housing, and employment opportunities, regardless of whether you are over or under the age of 21.

Penalties for Drivers Under 21

Virginia has a zero-tolerance policy for underage drinking. If you are stopped after having consumed any amount of alcohol, you could lose your driving privileges. If the illegal consumption of alcohol results in a BAC of .02 (not rising to the level of a traditional impaired-driving level of .08), you still face a substantial fine of up to $500 and a license suspension of six months.

Someone underage who is arrested and charged with DUI (a BAC of .08 or more) faces penalties for illegal consumption of alcohol (commonly known as " minor possession" or "minor consumption") in addition to the traditional legal penalties for DUI.

Virginia's lawmakers and police agencies have taken an aggressive stance against drunk/drugged impaired driving, so if you are charged with one of these offenses, you need to be equally aggressive in your fight against them. Should you be facing charges of DUI, BUI, underage consumption or other alcohol-related charges, contact an experienced criminal defense attorney in your area to learn more about your legal rights and options for your defense.

Motorists on Virginia's scenic roads take note: if you drive under the influence (DUI) of alcohol or drugs (even legal prescription medications if they have a sedating effect), you will be caught, and you will face stiff penalties.

Virginia's lawmakers have taken a firm stance against impaired driving in an attempt to slow the tide of DUI-related crashes, injuries and fatalities -- an alcohol-related crash occurs about every two minutes somewhere in America, and every half an hour someone dies in one. Virginia's DUI laws are no-nonsense and provide some of the most severe consequences of any state in the nation.

How Are Virginia's Laws Different?

In a word -- tougher. They are also more comprehensive, making no distinction between motor vehicles, boats, other watercraft, motorcycles, scooters and mopeds. If you are operating any motorized vehicle on any public roadway or waterway in the state, you are subject to these laws if you are impaired by a blood alcohol level of .08 percent (BAC) or greater or by a slowed reaction time due to the effects of an illicit or prescription drug.

Virginia gives police officials plenty of authority to investigate and arrest suspected drunken or drugged drivers. If an officer has probable cause that your impaired driving was the cause of a motor vehicle accident, you can be arrested at any location and without a warrant within a three-hour period following the collision.

Also, unlike in other states, Virginia does not offer motorists suspected of DUI a choice between a breath and blood test to determine blood alcohol levels. You have to take the test offered, and refusing to do so is a criminal offense in and of itself. A conviction on the charge of refusing to take a breath test will result in a drivers' license suspension of at least a year, with no option of seeking a restricted or special-needs license during that time. Additional refusals (of either breath or blood tests) will result in an additional period of administrative license suspension.

What Are the Penalties for a Conviction?

First offense:
- Minimum $250 fine
- Administrative license revocation for one year

Second offense:
- Mandatory $500 fine
- License revocation for three years
- Possible incarceration for up to one year (a minimum of 10 days if the second conviction is within 10 years of a prior one; 20-day minimum if the second conviction is within five years)

Third offense:
- Mandatory $1,000 fine
- Indefinite license revocation (possibly permanent)
- Prosecution as a Class 6 felony
- Mandatory six-month jail sentence if all three convictions occur within a five-year period
- If all three are within a ten-year period, there is a mandatory 90-day jail term and civil forfeiture of your vehicle (if you own it free and clear)

The higher the BAC, the higher the stakes. If your BAC is .15 percent but less than .21 percent at the time of arrest, there is a mandatory minimum five-day jail sentence for a first offense in addition to the existing penalties. A BAC of .21 percent or more carries a minimum ten-day stay in jail. If an aggravated DUI like this one occurs twice in a 10-year period, the minimum jail sentence rises to 20 days.

Any DUI arrest or conviction will result in your having a criminal record. This could jeopardize future educational, financial, housing, and employment opportunities, regardless of whether you are over or under the age of 21.

Penalties for Drivers Under 21

Virginia has a zero-tolerance policy for underage drinking. If you are stopped after having consumed any amount of alcohol, you could lose your driving privileges. If the illegal consumption of alcohol results in a BAC of .02 (not rising to the level of a traditional impaired-driving level of .08), you still face a substantial fine of up to $500 and a license suspension of six months.

Someone underage who is arrested and charged with DUI (a BAC of .08 or more) faces penalties for illegal consumption of alcohol (commonly known as " minor possession" or "minor consumption") in addition to the traditional legal penalties for DUI.

Virginia's lawmakers and police agencies have taken an aggressive stance against drunk/drugged impaired driving, so if you are charged with one of these offenses, you need to be equally aggressive in your fight against them. Should you be facing charges of DUI, BUI, underage consumption or other alcohol-related charges, contact an experienced criminal defense attorney in your area to learn more about your legal rights and options for your defense.

Article provided by Ronald E. Smith, P.C.
Visit us at www.ronaldsmithlaw.com

ELSE PRESS RELEASES FROM THIS DATE:

No-Fault Divorce Comes to New York

2010-10-31

With a flick of the pen, Governor David Paterson has ended New York's holdout as the only state in the union to disallow no-fault divorce. Prior to the signing of the law, which took effect October 12th, New Yorkers were able to divorce only by proving fault for abandonment, adultery, cruelty or imprisonment. There was, however, a way for couples to divorce without fault prior to the new law. This required couples to enter into a separation agreement and live apart for at least one year. The catch with this option comes in the agreement; couples had to agree on all of ...

Do No Harm; If A Doctor Does, They Need To Admit To Conduct That Injures

2010-10-31

Hippocrates insisted that "The physician must...have two special objects in view with regard to disease, namely, to do good or to do no harm." It is with the faith that their physicians will "do good" or at least "do no harm" that patients seek out medical care. Recent studies have indicated that physicians are poorly trained in matters of patient safety and practice in an environment that often work against the wellbeing of those seeking their expertise. A recent study by the National Patient Safety Foundation noted that medical schools today focus principally on providing ...

The Use of Skype Ordered in Family Court

2010-10-31

For people in family court, staying in touch, especially via court-ordered visitation arrangements, can be a challenge. But some courts are implementing new high-tech approaches to address old family law issues. A New York judge recently ruled that as a condition of her out-of-state move away to Florida, a Long Island mother must make her two children available to talk to their father through Skype, an online video conferencing service. Although this was the first time such a condition has been ordered in New York, a number of other states have begun experimenting with ...

The Rise of Gray Divorce

2010-10-31

The Baby Boomer generation gave us the summer of love and a break from some of the traditions of the previous generations. Now it appears the Baby Boomer generation is also giving us a normalization of divorce, especially later in life. Despite an overall decline in the United States divorce rate, divorces among those married 20, 30 and even 40 years appear to be on the rise. According to Erica Manfred, a New York divorce expert, this rising number of splits between long-married couples is referred to as "gray divorce." Gray Divorce Statistics While not specifically ...

Megan's Law: The Sex-Offender Registry in New Jersey

2010-10-31

In 1994, the Registration and Community Notification Laws (RCNL), more commonly known as Megan's Law, was enacted in response to the public's demand for more information on the identity and residence of previously convicted sex offenders who are considered a possible threat to the safety of others in the community. Megan's Law created a state registry of sex offenders, a similar Internet registry and a community notification procedure to alert the public when state officials deem it necessary for public safety. The law requires continual registration from people convicted ...

NY Requires Interlocks and Imposes Increased Penalties on DWI Offenders

2010-10-31

On August 15, Leandra's Law -- also called the Child Passenger Protection Act -- went into effect. Leandra's Law is named for 11-year-old Leandra Rosado, who died last October after she was thrown from a car driven by a drunk driver. The law requires that those convicted of drunk driving, including first time offenders, install interlock devices in their vehicles. The interlock device is a breath test that disables the ignition of the vehicle if it detects a trace of alcohol. According to statistics from the Insurance Institute for Highway Safety (IIHS), locations ...

A New Big Rig Danger: Bogus Medical Checks for Truckers

2010-10-31

The National Transportation Safety Board (NTSB) has responsibility in several important areas: investigating the causes of accidents involving trains, aircraft, and a variety of other vehicles and vessels; promoting transportation safety; and helping victims of transportation-related accidents as well as the families of fatal accident victims. One important aspect of this mission is the board's oversight of the Federal Motor Carrier Safety Administration (FMCSA), which directly regulates commercial trucks, buses and other vehicles to prevent fatal truck accidents and catastrophic ...

Driving by Gender: Who Causes More Motor Vehicle Accidents?

2010-10-31

It's a debate as old as the internal combustion engine and the advent of headlights: Are women better drivers than men, or vice versa? While media stereotypes once led to the acceptance of "woman driver" as an inherently critical label, the truth is that men are significantly more likely to get into crashes. This fact has long been known by the insurance company actuaries who set policy rates for individuals, but the precise differences are well described in recent statistics. On the high end, the New York Times reported in August on a city traffic study that revealed ...

Excising the Gall Bladder: The Risks of 'Band-Aid' Surgery

2010-10-31

In routine gall bladder surgery, the surgeon mistakenly punctures the patient's aorta, a major artery supplying oxygen-rich blood to the body. The patient is 20-year-old Airman Colton Reid. His fiance watches as Reid's feet turn blue from lack of blood flow; yet there are more than eight hours of delay before Reid is transferred from the teaching hospital at Travis Air Force Base to UC Davis Medical Center in Sacramento, where Reid can get adequate treatment. Because of the lack of blood flow from the punctured aorta, and the delay, doctors at UC Davis are ultimately forced ...

EPA's Broad Study Targets the Safety of Shale Drilling

2010-10-31

Hydraulic fracturing, also commonly called hydrofracking or fracking, is the process of drilling into shale and then turning the drill horizontally to tap pockets of natural gas. The Post-Standard says Ron Bishop, a chemistry professor at the State University College at Oneonta, explains that the procedure involves pumping in thick chemical slurry to keep the drill bit clear of debris. Concrete seals the well and large amounts of water -- potentially millions of gallons -- are pumped in under pressure to hydrofracture the shale and release natural gas. The polluted water ...

Inhibition of cyclooxygenase-2 upregulates the nuclear factor erythroid 2-related factor 2 signaling pathway to mitigate hepatocyte ferroptosis in chronic liver injury

Virginia DUI Penalties Among Toughest in Nation

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: