WHY DEALING WITH A DUI 2nd OFFENSE IN VA IS EASY?
It is natural to be alarmed when you are charged with a DUI 2nd Offense in VA. From the perspective of law enforcement, the repetition of a reckless offense is treated seriously. Such repeated 2nd offense is considered as wanton disobedience of the law. The VA law dealing with DUI is no exception to this general assumption. Even a first time DUI offense is imposed with severe penalties in VA. The penalties imposed in VA vary based on the BAC level. Thus, a DUI charge is not taken lightly in VA.
On being charged with DUI 2nd offense in VA, you should remember to stay calm. Be warned that you will make a series of mistakes in this tense state of mind. It is important to revisit the memories of your first DUI offense in VA. You need to recall how the law enforcement treated you and what was the procedure followed by the police in gathering evidence against you. If you are able to successfully recall the exact events, handling the 2nd DUI offense in VA will be easy. You can provide valuable inputs to the VA attorney you retain for your case. The strategy prepared based on your accurate feedback will be a winning defense.
The DUI lawyers at The Law Offices of SRIS, P.C. are specialized in extending support to clients charged with DUI 2nd charge in VA. Their support will prove to be valuable for conceiving a winning defense strategy in VA.
CAN YOUR BAC LEVELS INFLUENCE YOUR DUI 2nd CHARGE?
You will be shocked to be apprised that BAC level in VA differ not only based on the level of your intoxication, it also varies based on the time between the intoxication and the time of the result. The permitted BAC level is less than 0.8 percent. On discussing the facts of your DUI 2nd offense with your lawyer in VA, you will be informed about the punishment likely to be imposed on you. Our specialized DUI attorney can inform you about the relevant VA statutes and clarify all your doubts about permissible BAC levels for a 2nd offense in VA.
DESCRIPTION OF THE DUI PROCEDURE
For a drunken driving charge in VA, the following procedure is implemented:
- As soon as the officer deducts your intoxicated condition, the investigation starts
- If this is your 2nd offense in VA, you will be aware that your speech, your appearance, and any intoxication odor can go against you
- Being your 2nd offense, you may not be shocked to perform a number of unique tests such as the one-leg stand test.
- If this is your 2nd offense, you may not be new to the breath or blood test as you would have already experienced these tests during your first charge in VA.
Be informed that, the abovementioned process is the usual procedure for all DUI offenses in VA. Results of the test are treated seriously, especially if it is the 2nd offense. Being your 2nd charge in VA, you must be well acquainted with your duty to carefully observe the procedure followed by enforcement and scrutinize for faults or negligence in conducting the preliminary tests. Any procedure not followed by the investigating officer can be favorable to you.
For your DUI 2nd offense in VA, contact the proficient lawyers at The Law Offices of SRIS, P.C. for exceptional defenses that are suitable to your case.
YOU WILL BE CHARGED FOR DUI EVEN IF NO LOSS HAS BEEN CAUSED TO LIFE OR PROPERTY!!
As the name suggests, DUI is driving under the Influence which mainly depends on the blood alcohol content level. From the perspective of VA law, 0.08 BAC is nothing but 80 milligrams of alcohol in every 100 milliliters of blood.
More often clients approach lawyers in VA with the contention that they were confident of their driving skills despite the intoxication levels. Others consult VA lawyers with questions about whether DUI laws are applicable when no loss has been caused. Also, VA drivers are eager to know whether the consumption of a few beers can lead to a drunken driving charge. Your initial discussion with your DUI lawyer in VA will clarify that the level of control you have over the vehicle has no connection with the DUI charge, be it the first offense or the 2nd offense. If law enforcement suspects your intoxication, you have to take the test, if the intoxication level is above the permitted limit, then you will be charged.
You will be surprised to know that the same level and quantity of alcohol consumed by two drivers can give different BAC levels. Your weight influences the BAC levels. Also, be informed that for a DUI 2nd offense, the period between your first DUI offense and the 2nd offense is crucial. If the 2nd offense in VA occurs within a week of the first offense, the punishment will be severe. If the 2nd offense is committed within a year the punishment in VA will be different.
WHY IS IT IMPORTANT TO BE APPRISED ABOUT THE APPLICABLE STATUTE BEFORE PROCEEDING WITH YOUR DUI 2ND OFFENSE?
Be updated about your DUI penalties and the applicable sections from your DUI lawyer in VA. The VA law clearly states how serious a DUI 2nd offense is. Be warned that if you are convicted for a DUI 2nd offense in less than 5 years, the fine may range from $500 to $2500 and imprisonment will be imposed for a period of a minimum of 20 days to a maximum of one year. Additionally, you cannot revoke your license for the next three years. For a DUI 2nd offense, you may have to enroll yourself in VASAP Virginia Alcohol Safety Action Program. This program contains random alcohol screening and drug screening with other mandatory sessions.
Attorneys in VA who have gained rich experience in handling DWI 2nd charges can explain to you the implications of BAC levels. You will be shocked to know that you may have to serve up to 30 days in jail if you are found with a BAC level between 0.15 to 0.20 percent and the 2nd offense has occurred within a 5 year period from the 1st offense. Be notified that the imprisonment period would be 20 days if the period is within 10 years period. For your DUI 2nd offense in VA, if the BAC level is found to be more than 0.20 percent, you must serve at least 40 days in jail. You will lose your eligibility to get a restricted driving license for the next 12 months if the 2nd charge period is within 5 years. The period of restriction will be reduced to 4 months if the 2nd charge occurred after 10 years period from the first DUI charge in VA.
HOW DOES LAW ENFORCEMENT SUSPECT INTOXICATION FOR TRAFFIC STOPS?
There are some patterns of behaviors among VA drivers that create suspicion of DUI such as slurred speech, imbalance in movement, inability to look straight and stand straight, driving away after being indicated to stop, etc. Such incidents strengthen the DUI suspicion that law enforcement has against the driver. You might not have maintained the correct lane in driving. You might have driven in a wavering manner across the lanes, swerving, turning with a wide radius, you would have driven your vehicle in a jerky manner or you might have made abrupt stops. Such mannerisms from your side are indicators of intoxication.
If you display such signs, the enforcement officers can initiate a traffic stop which will later turn into an investigatory stop or a 2nd DUI charge. During such difficult situations, the assistance of a VA DUI lawyer is crucial.
CAN DUI RESULT IN FINANCIAL CONCERNS?
In addition to imprisonment, a DUI 2nd offense in VA can result in monetary penalties. Some DUI offenses in VA expressly require payment of specific amounts as fine. Also, you will be shocked to know that you no longer enjoy the benefits of a licensed driver in VA. Due to the 2nd DUI offense, the high-risk driver tag is attached to you. This severely inhibits your future opportunities including employment. On being tagged as a high-risk driver, you lose the rights and privileges generally available to a driver in VA such as easy insurance policies. After your 2nd DUI, you will realize that insurance companies are no longer interested in insuring your vehicle. They deliberately fail to even respond to your calls.
Financial concerns that result after a 2nd DUI charge are the direct impact the 2nd offense has on your employment. Life becomes hellish and for even simple errands you become dependent on someone. You feel severely handicapped after your right to drive has been suspended. You are no longer punctual at your job, you end up running late every other day. This will affect your work performance and ultimately your pay.
A drunken driving 2nd charge in VA implies that you have dared to commit the offense a second time despite the firsthand experience you have endured after the first drunken driving conviction. People around you begin to harbor the opinion that you are addicted to alcohol which has led to the 2nd DUI offense. Also, at one point you yourself begin to wonder what has caused you to commit this offense for the 2nd time despite the bad experience you have had at the hands of the law for the first time.
A 2nd DUI charge in VA most often leads to depression as you are unable to face the social consequences of this offense. If you are a high school student, you will realize that your peer group has begun shunning your company. If you are employed, the behavior of your colleagues will give you a painful feeling of isolation. Their behavior with you is no longer normal. Their behavior and attitude would indicate their belief that you have turned into an alcoholic addict. A 2nd drunken driving offense can thus be one of the worse times of your life.
Such mental stress definitely requires you to obtain professional counseling. Be cautious when you start these counseling sessions. It is vital to choose a professionally trained counselor who has handled similar offenders. Such guidance will liberate you from the mental stress you have been compelled to endure due to the 2nd DUI offense in VA.
Be warned, that you cannot afford to make any mistake in handling the DUI 2nd offense owing to the uncontrollable damage it will produce. Taking professional assistance at The Law Offices of SRIS, P.C. is essential to lessen the penalties that a DUI 2nd offense will result in.
A DUI 2nd offense may seem ordinary but it has a greater impact of turning your life upside down. You will be shocked to know that it can also affect your future employment opportunities. Be informed that at every interview you attend, your profile is going to be thoroughly scrutinized for prior charges. If the drunken driving 2nd offense in VA appears on the background check, it is most likely that you and your profile will be rejected. This situation can be extremely painful. Losing gainful employment merely due to a drunken driving 2nd offense can be unbearable. Due to the serious consequences a 2nd offense of drunken driving can bring to your life, it is always advisable to approach a proficient attorney in VA. Though the drunken driving 2nd offense may seem to be an ordinary charge, if handled without professional assistance, it can scar your life forever.
DUI 2nd OFFENSE AND PLEADING GUILTY
DUI lawyers in VA are often questioned whether pleading guilty is beneficial. Before posing questions about the later stages of the criminal process, it is essential to know the background of the drunken driving offense. Drunken driving offenses are one of the most common charges in Virginia. The State of VA treats DUI charges seriously. A study indicates that more than 3 lakh drivers in VA drive in an intoxicated manner but a few thousand are caught for the offense. The best way to avoid a DUI 2nd charge is by avoiding the act of driving when you are intoxicated. However, if you happen to attend a friend’s party and have no one to drive you back home, you have no choice but to take the risk of driving in an intoxicated state. In such unavoidable situations, if you are caught by the VA police, then you should immediately seek legal help. It would be a foolish decision to handle the DUI 2nd offense by yourself. A DUI lawyer is familiar with the VA procedures and can dismiss your 2nd charge by adeptly submitting the required evidence. However, if you decide to approach the case by yourself you are prone to committing mistakes.
There are several ways to finalize a plea deal with the prosecution in VA. Be apprised that a cause for a plea deal is strengthened only when the prosecution has a weak case and when your VA DUI attorney has framed a strong defense in your favor. In these circumstances, your VA attorney can aggressively negotiate a fair deal by bargaining your sentence. Pleading guilty is advisable in situations where substantial loss has been caused to life and property. In these aggravated circumstances, a trial in VA will result in heavy penalties on the accused. In this situation, a plea deal works in your favor. By pleading guilty there is a possibility of a lesser sentence or even chances of dropping the charge against you in VA.
A DWI charge in Virginia can cause extreme consequences. You should not take the risk of facing the charge without professional assistance. On discussing your drunken driving 2nd offense with your VA lawyer, the perfect defenses can be conceived. The VA lawyers at The Law Offices of SRIS, P.C. can provide effective solutions to your drunken driving 2nd charge. If you want to understand the applicable provisions and the related penalties, update your attorney about all the facts connected to the incident. If you provide accurate details, a successful defense strategy can be formulated. On being charged for drunken driving offense for the 2nd time, remember that there is no cause to be alarmed. With expert assistance just a call away, you can easily obtain an acquittal.