ELABORATING ON THE VA DUI LAW
VA DUI law regards drunken driving as a punishable offense calling for expert legal assistance. Cases filed against a person for Driving Under the Influence depend on the following:
- The alcohol content in the blood of drivers during their apprehensions.
- Prior accusations.
- Severities of the circumstances.
Individuals operating heavy vehicles for commercial purposes are obliged to adhere to stricter VA DUI law when compared to that of those imposed on lightweight motorists. The VA DUI law conceives successive allegations, registered on the same person, as repeated defiant disregards exhibited by the accused. Therefore, people incriminated for the charges, for the second or third time, within a definite period from their very first accusation are likely to be subjected to grievous penalizations. VA driving under influence law recognizes varied kinds of drinking and driving crimes and brief explanations on the same are given below.
Aggravated DUI conviction
A regular charge by itself bears serious consequences and therefore, conditions worsen for drunken driving cases that imbibe increased aggravations. VA driving under influence law is strict on people who are found to have had violated multiple traffic regulations while driving in and out of the state. For instance, individuals driving under the influence of alcohol or narcotics at high speeds are apprehended for drunken driving. VA DUI law provides guidelines to judges and encourages severe penalties for the crime. VA DUI law put forth various factors on the grounds of which charges falling under these types are registered.
- High blood alcohol content
The driving under influence law in VA acknowledges standard limits of less than 0.08% concentration of blood alcohol contents that stand permissible. As per the VA DUI law, a person held for driving under the influence of narcotics or alcohol with blood alcohol concentrations exceeding the legal limits is accused of the offense. Suspects gathered at checkpoints are taken under custody by the arresting officers. They are brought to the station to thereby undergo additional blood tests. Results obtained from these subsequent medical examinations claiming very high blood alcohol content that is twice or thrice the mandatory limit leads to aggravated accusations. These criminations impose incarcerations for longer periods and levy huge fines, as prescribed by the VA DUI law.
- Vehicles traveling with under-aged children
The VA driving under influence law prioritizes the safety of children in all circumstances. Therefore, the presence of an under-aged child in the vehicle during the apprehension of the driver can exasperate the allegations levied against them, resulting in aggravated conviction. Different states put forth varied limits to acknowledge minors and children under aged. VA DUI law recognizes minors as children below the age of 16, while others consider kids below 12 years of age as minors. The VA DUI law enforces increased penalizations for the charge that was registered at regions having schools or colleges, regardless of the existence of children inside the vehicle.
- Multiple DUI charges
The driving under influence law in VA directs courts to announce judgments declaring grievous punishments for the individuals who are accused of multiple charges, irrespective of the localities in which the charges are filed. The VA DUI law handles all convictions fairly, paying zero consideration to the locality where the offense was lodged. The VA DUI law adjudges the guilty with harsher penalties if they are proved to be history-sheeter pertaining to the same offenses. The VA driving under influence law perceives repeated arrests as a recurring disregard to the road rules. Therefore, judges propose stricter penalties in these cases to discourage and deter the defendants from committing the same crimes again and again. VA DUI differs with respect to the nature of the lawsuit. Therefore, avail legal assistance from the best attorneys to meet the situation confidently.
- Driving with invalid licenses
The driving under influence law in VA governs road safety by acknowledging various rules to monitor traffic law. In addition to all these regulations, VA DUI law seeks drivers to carry valid documents including the license, insurances, vehicle registration document, emission check report, and other permits for their vehicles. Those found driving under the influence of alcohol or drugs with revoked or annulled licenses are arrested for the aggravated offense. Judges inflict serious penalties on the drivers who are apprehended for these charges, as the latter are found to have had exhibited a defiant disregard towards the VA DUI law by traveling with invalid licenses.
- Over speeding
Riders, driving under the influence of booze or drugs at speeds exceeding the legal limits that are acknowledged by the VA DUI law, are impeached for charges belonging to these kinds. For instance, the defendants who travel at speeds of 40 miles/hour above the standardized limits, incur punishments that are of increased severities compared to that of those acquired upon transmitting at rates of 10 miles/hour above the mandatory figures.
A simple arrest is physically and emotionally taxing. Apprehensions that occur due to aggravated charges are even more stressful and challenging. A thorough understanding of the VA DUI can ably aid defendants in resolving all legal issues. Individuals who have no personal knowledge of the VA DUI law should seek help from efficient lawyers to get them out of the sticky situation.
VA DUI on homicides
Drivers traveling under the influence of intoxicants do not just harm themselves but additionally pose threats to the safety of their fellow drivers, passengers, and pedestrians, due to reckless driving. Therefore, VA DUI law imposes strict and harsh penalties on the defendants who are accused of causing accidents that led to an unnatural loss of human lives and property. The VA DUI law put forth a definite set of regulations that govern manslaughters due to drunken driving. VA DUI law, enforced in various jurisdictions, recognizes two different kinds of manslaughter regulations.
- DUI homicide that exhibits ordinary negligence
Convictions falling under these categories usually witness lessened penalties in the aftermath of an accident resulting due to drunken driving. In simpler contexts, defendants would have possibly established inattentive driving patterns for a very brief period that eventually led to the death of another person.
- DUI homicide that exhibits gross negligence
VA DUI law impeach these charges only under circumstances wherein the driver inflicted serious consequences due to their heedless driving practices. For instance, the defendants who were not able to see clearly due to their inebriated condition would have eventually driven above sidewalks or pavements killing one or more pedestrians. Driving through restricted zones at extremely high speeds under the influence of drugs or alcohol can also lead to this conviction.
The VA DUI law put forth the following penalizations for the individuals who are accused of these homicidal crimes:
- Loss or suspension of driving licenses.
- Financial compensations to the victims of the accidents.
- Imprisonments for a maximum time period of 10 years.
- Lifetime incarcerations for serious crimes.
- Fine payments.
The VA DUI law see manslaughter as one of the most grievous traffic offenses. VA DUI regards death as a second-degree murder in several circumstances. In these homicidal cases, the state prosecutors will find it hard to prove the allegations registered against the offenders. According to the VA DUI law, the prosecutors are required to place legitimate evidence claiming the following facts.
- Intentional actions of the driver resulted in the death of the victims.
- The consequences of those actions are observed to be harmful to the lives of other human beings.
- The accused was completely aware of the road rules and thereby knowingly traveled with driving patterns that exhibited disregard to traffic regulations and human lives.
The VA DUI law pronounce the hardest penalties for the people who are incriminated for these charges. Drunken driving manslaughter and murder can bring in long term effects in the personal and professional lives of the common man. Therefore, avail guidance from proficient attorneys who have excellent knowledge of all the VA DUI law to arrive at desirable and favorable outcomes.
Drinking and biking
The VA DUI law and courts majorly declare judgments for lawuits pertaining to accidents that involve three-wheelers, trucks, automobiles, etc. Judges rarely deal with cases involving motorbikes and bicycles. In the event of an accident, it is evident that two-wheelers impose less severe consequences when compared to other motor vehicles. However, drinking and biking can incur damages to property and injuries to drivers or fellow human beings.
Therefore, VA DUI law render serious considerations to regulate the driving patterns of bikers as well. The VA DUI law give clarity on the type of offense and penalty. Drivers are required to be cognizant of the VA DUI law, implemented in the locality of their transit. Several states perceive drinking and biking as a negligible crime as it majorly incurs personal losses. But VA DUI law regard biking under the influence of alcohol or drugs as a serious offense, despite witnessing only personal damages, as injuries sustained by the drivers bring in negative effects on the emotional health of their acquaintances as well.
Commercial VA DUI law
The VA DUI law impose stricter regulations on heavy vehicles, ranging from commercial trucks that transport huge loads of goods to school buses driving children. Commercial drivers, upon meeting with massive automobile collisions, do not just put their life and other people’s life in jeopardy, but they are also accountable for the losses incurred by their employers. The VA DUI law recognize mandatory blood alcohol limits of 0.04% for commercial drivers, which is half of the BAC limits observed for the cases involving non-commercial drivers. The VA DUI law instruct drivers to prohibit driving their vehicle, within 4 hours of alcohol consumption. VA DUI law give power to the traffic constables to perform blood tests on commercial drivers, regardless of whether or not the former possesses reasonable and probable causes for the commission of the crime by the latter.
VA DUI on CDL Penalties
The driver accused of commercial drunken driving faces both administrative and criminal penalties. The intensity of the penalty depends on the intoxication level, minors in the vehicle, whether the driver was physically or mentally unfit, and whether it is a first or repeat offense. A fine of $250 is charged for the first offense which is a class 1 misdemeanor charge and suspension of license for a year. For repeat offense, there is a mandatory jail sentence, rehab program, ignition interlock, a hefty fine, and more.
The penalties for CDL holders are the same as a non-commercial driver but with the suspension of license for one to three years. The actions cause the CDL holder to disqualification of the license too.
Some of the ground for disqualification of CDL includes:
- Driving with BAC over 0.04 or above in a commercial vehicle
- Driving under the influence of alcohol or drugs in a commercial vehicle
- Refusing breath or blood test
- Hit and run accident in a commercial vehicle
- Committing a crime using a commercial vehicle
- Providing false information while applying for a commercial driving license
Violation of any of the above acts amounts to one-year disqualification of CDL. If the CDL driver is transporting hazardous material and is also involved in the offense, then the license will be disqualified for three years. Call a reputed lawyer well versed in VA DUI law to retain your driving privileges. It’s time you protect your record with the assistance of the lawyers at the Law Offices of SRIS, P.C.
Felony DUI accusations
The VA DUI law perceive regular accusation as a misdemeanor, but the same can be regarded as a felony during the following circumstances:
- Increased blood alcohol contents
Drivers with blood alcohol concentrations that are twice or thrice the legal limits are impeached for felonies, as per the VA DUI law.
- Serious injuries
VA DUI law acknowledge DUI accusations as felonies during situations wherein the driver inflicted serious injuries on those on road.
- Prior criminal history
VA DUI law direct courts to access and analyze the criminal records of the accused. VA DUI law impose felony charges on the defendants who possess multiple prior accusations.
- Presence of children
Intoxicated drivers traveling with under-aged children in their vehicles are charged with felonies, as directed by the VA DUI law.
- Driving with revoked licenses
VA DUI law advise courts to accuse offenders of felonies when they are found to be traveling with annulled licenses that are legally invalid.
The VA DUI law avail drastic penalties for the individuals who are convicted of felonies. Consequences put forth by the VA DUI law for the criminals charged with felonies incur long-standing effects including heavy fines, incarcerations for indefinite periods, confiscation of driving licenses for a prolonged duration, etc. Therefore, acquire support from the best attorneys who have ample expertise on the VA DUI law to better meet all issues. When in doubt over the VA DUI Law, get in touch with the Law Offices of SRIS, P.C.
DUI convictions for the first time
Drivers pulled over for driving under the influence of intoxicants for the first time are charged with a misdemeanor. Penalty for these convictions include:
- Imprisonment for a maximum of 1 year.
- Revocation of driving licenses for a minimum of 90 days.
- Fine payments ranging between 500 dollars and 2000 dollars.
- Higher rates of car insurance.
- Installations of ignition interlock devices in the vehicles.
- Rehabilitation programs
Do you need a specialized lawyer breaking VA DUI law?
The answer is yes if you can afford one. The VA DUI laws are strict and only a lawyer with expertise in the subject can give you respite from harsh penalties. Since the offense can affect your lifestyle patterns, it is best to meet a lawyer as soon as possible. Moreover, a leading lawyer can save you from embarrassment in society, protect your job, and also help regain your normal life.
A good lawyer will tell you that you should plead for lesser charges, like traffic offense or reckless driving, where you can pay a fine and finish the case. But the recent amendments to the law make it difficult to downgrade a drunken driving offense. If you are aware your BAC levels are 0.08 or above during the arrest, then you are sure to be convicted for the offense and have to pay a fine and other expenses. You can expect your license to be suspended if you fail to take a sobriety test. Since the driving privileges are granted by the state, it has all the rights to take it back, if you do not abide by the VA DUI law.
There may be aggravating factors mentioned in the VA DWI law that result in enhanced sentences like property damage, repeat offense, driving with a minor passenger, injuries, etc. In these cases, it is inevitable to hire a lawyer to mitigate these factors. Some of the other situations you need to hire a lawyer are, when you are innocent and were not drinking and driving but your sobriety test failed. Never try to argue for yourself even if you are innocent and seek the assistance of an able and experienced lawyer.
A professional can help you in many ways. They prepare for the trial and help you understand what is expected post-arrest. The lawyer will be by your side to complete certain prerequisites mentioned in the Virginia DWI Code before the appearance in court. This includes auto insurance, alcohol education program required by the state to get your driving privileges back.
When it is your first or repeat offense do not hesitate to contact the Law Offices of SRIS, P.C. for the best possible outcome. C