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
- 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
- Multiple DUI charges
- Driving 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.
VA DUI on homicides
- DUI homicide that exhibits ordinary negligence
- DUI homicide that exhibits gross negligence
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.
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
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
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
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