Meriweather Pleads to Lesser Charge in Virginia DUI Case

October 11, 2012

Popular NFL player Brandon Meriweather of the Washington Redskins is able to move on after a DUI charge earlier this year. After pleading no contest to a reduced charge of reckless driving, Meriweather's case was resolved when he paid a fine, court fees, and received a suspended 180-day jail sentence, avoiding worse penalties that follow a Virginia DUI conviction.

Arrested for Suspected DUI

On April 26, 2012, the two-time Pro Bowler was pulled over by an Arlington County, Virginia police officer around 3:00 a.m. after the officer clocked him driving 73 mph in a 55 mph zone. Upon pulling Meriweather over, the officer noted the smell of alcohol. The football player completed a series of field sobriety tests, all of which the officer alleged he failed. Meriweather was subsequently arrested and at the station refused a Breathalyzer test.

Meriweather was then taken to the Arlington County Detention Facility and charged with Driving Under the Influence, or DUI, and refusal to take a Breathalyzer test.

Virginia DUI Laws

A Virginia DUI conviction may result if the driver was operating a vehicle with a blood alcohol content (BAC) of 0.08 or higher. Conviction can also occur if the driver's BAC is lower than 0.08, if the court finds the driver was impaired while operating the vehicle, boat or water craft.

Drunk Driving Penalties in Virginia

The penalties associated with drunk driving in Virginia are harsh. In fact, they are among the toughest in the nation. These penalties are much harsher compared to the charge Meriweather pleaded no contest to. The reckless driving charges resulted in a monetary penalty of $300 along with court fees of $81, and 180 days of suspended jail time.

If he had been convicted of a DUI, the consequences would have been much more severe. In Virginia, penalties for a DUI conviction can include installation of an ignition interlock device, alcohol education courses, fines and potentially jail time.

Generally, an ignition interlock device is required even for first-time offenders in Virginia. In most cases, the driver is responsible for the cost of installation and maintenance of the ignition interlock device. If a driver violates the ignition interlock restriction, the Department of Motor Vehicles may revoke the driver's license for one year.

In addition to an interlock device, possible penalties also include screening and probationary oversight by the Alcohol Safety Action program. The program determines the form of intervention that is most appropriate for each case. This can include an education program or treatment. A minimum of 20 hours of educational course work is required.

A first time DUI arrest will result in a suspension of driving privileges for seven days from the date of arrest, if the driver has a BAC of 0.08 or above or refuses a Breathalyzer at the station. A first DUI conviction will result in a one year license suspension. Moreover, mandatory jail time is required if the court finds the driver's BAC is 0.15 or above, even for a first-offense. A second offense leads to a minimum $500 fine, revocation of driving privileges for three years and mandatory minimum jail sentences. In addition to the mandatory minimums, for subsequent DUI convictions the driver will receive additional jail time if the BAC is above 0.15. The severity of the penalties increases for subsequent convictions.

In addition to state mandated penalties, a DUI conviction can haunt a driver for years. For example, those with a record can experience difficulties finding employment, which can pose a serious obstacle in this difficult economy. As a result, DUI charges need to be taken seriously.

If you or a loved one is charged with a DUI offense, contact an experienced criminal defense attorney to discuss your situation and protect your legal rights.

Article provided by A. Mark Nicewicz, Esq.
Visit us at http://www.nicewicz.com