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Falls Church DUI Lawyers

1. Priale, Pierre: Virgina DUI Laws VA Code ¤18.2-266 - Driving Under the Influence of Alcohol and Drugs When operating a motor vehicle, boat or water craft in Virginia, you are legally considered driving or operating under the influence if your blood alcohol content (BAC) is 0.08% or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or water craft is impaired. If your driving is affected because your are under the influence of any drug, you may face the same penalty as driving under the influence of alcohol. VA Code ¤ 18.2-270 - Penalties A second DUI offense within five years in Virginia carries a mandatory jail sentence of at least five days and up to 30 days. A third DUI offense will be prosecuted as a 6 felony. If your BAC is 0.20% or higher at the time of the first or second offense, you face additional mandatory jail time. VA Code ¤ 18.2-270 - Transporting Children While Driving Under the Influence You are subject to a extra penalty in Virginia if you have children under age 18 in the motor vehicle when you are driving under the influence of alcohol or drugs. There is an additional fine of up to $1000 and up to 80 hours of community service for second conviction. VA Code ¤ 46.2-301.1 - Vehicle Impoundment The vehicle you are driving in Virginia will be immediately impounded or immobilized for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The court can impound the vehicle for an additional 90 days following conviction. The owner of the vehicle may petition the court for release of the vehicle. Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a 1 misdemeanor. VA Code ¤46.2-391.2- Administrative License Revocation Your driver's license in Virginia will be automatically revoked by the arresting officer for seven days if your BAC is 0.08% or higher or if you refuse to take a breath test. You no longer have the option of requesting a blood test instead of a breath test for an alcohol related offense. VA Code ¤18.2-323.1 - Open Container You may be charged with drinking while operating with an open container of alcohol in Virginia if your are stopped by law enforcement and you have an open container of alcohol in the passenger compartment and the contents have been partially removed, and you exhibit signs that you have been drinking. The passenger area means the area designed to seat the driver and passengers and any area within the driver's reach, including an unlocked glove compartment. DUI Laws For Drivers Under the Age of 21 VIRGINIA IS TOUGH - on underage drinkers driving under the influence of alcohol or drugs. VA Code ¤18.2-266.1 - Equal Penalties Persons under age 21 who drive while under the influence of drugs or with a blood alcohol content (BAC) of 0.08% or higher in Virginia are subject to the same penalties as persons age 21 or older. VA Code ¤18.2-266.1 - Zero Tolerance for Under 21 If your are under age 21 in Virginia, and you drive with a BAC of at least 0.02% but less than 0.08% in Virginia, you will receive a fine of up to $500 and a six-month driver's license suspension. VA Code ¤18.2-270.1 - Ignition Interlock System If convicted of a second DUI offense within five years of a first offense in Virginia, you will lose your license for three years. You must use an ignition interlock for six months for more on every motor vehicle you own or co-own whether you apply for a restricted license (after one year) or a full license (after three years, applies to both adult and under 21) VA Code ¤4.1-304 - Persons to Whom Alcoholic Beverage May Not Be Sold If you sell alcoholic beverages to a person under age 21 in Virginia, you are subject to a fine up to $2,500 and 12 months in jail. VA Code ¤4.1-305 - Underage Possession of Alcohol If you are under age 21 and you are in possession of an alcoholic beverage in Virginia, you face a fine of up to $2,500 and 12 months in jail. VA Code ¤4.1-306 - Purchase Alcohol for Underage Persons If you purchase alcoholic beverages for a person you know to be under age 21 in Virginia, you face a fine of up to $2,500 and 12 months in jail. VA Code ¤4.1-309 - Drinking/Possessing Alcohol on School Grounds Drinking or possessing alcoholic beverages on public school grounds in Virginia can result in a fine of up to $1000 and six months in jail. VA Code ¤4.1-305B - Misrepresentation of Age If you are under the legal drinking age of 21 in Virginia and you use or attempt to use an altered, fictitious or simulated document or student ID to establish a false age in an attempt to purchase alcoholic beverages you will: * be fined at least $500 but not over $2,500 * be required to perform at least 50 hours of community service * face up to 12 months in jail, and * be subject to suspension of your driver's license for up to 12 months LAWS OF VIRGINIA for driving under the influence of alcohol 1. Mandatory jail sentences for misdemeanor and felony charges 2. Different Blood Alcohol content levels. A person who has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath in Virginia as indicated by a chemical test administered is under the influence of alcohol. VA Code ¤ 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction Offense Sentence of confinement Mandatory minimum confinement Mandatory minimum fine 1st DUI in Virginia Class 1 misdemeanor BAC 0.15 - 0.20 Five days $250 BAC More than 0.20 10 days 2nd DUI within less than 5 years Not less than 1 month nor more than 1 year Twenty days BAC 0.15 - 0.20 additional period of 10 days $500 BAC More than 0.20 Additional period of 20 days 2nd DUI in Virginia within 5- 10 For not less than one month Ten days BAC 0.15 - 0.20 additional period of 10 days $500, BAC More than 0.20 Additional period of 20 days Class 6 felony 3rd DUI in Virginia committed within 10 years 90 days 3rd DUI in Virginia Committed within 5-years 6 months $1,000 4th or subsequent DUI in Virginiaoffense within 10- years otherwise modified by the court, shall remain on probation and under the terms of any suspended sentence for the same period as his operator's license was suspended, not to exceed 3 years. one year $1,000 VA Code ¤ 18.2-270. Penalty for driving while intoxicated in Virginia; subsequent offense; prior conviction Except as otherwise provided herein, any person violating any provision of ¤ 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person's blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, if the level was more than 0.20, for an additional mandatory minimum period of 10 days. B. 1. Any person convicted of a second offense committed within less than five years after a first offense under ¤ 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence. 2. Any person convicted of a second offense committed within a period of five to 10 years of a first offense under ¤ 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500, and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence. 3. Upon conviction of a second offense within 10 years of a first offense, if the person's blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500. C. 1. Any person convicted of three offenses of ¤ 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of ¤ 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000. 2. The punishment of any person convicted of a fourth or subsequent offense of ¤ 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000. Unless otherwise modified by the court, the defendant shall remain on probation and under the terms of any suspended sentence for the same period as his operator's license was suspended, not to exceed three years. 3. The vehicle solely owned and operated by the accused during the commission of a felony violation of ¤ 18.2-266 shall be subject to seizure and forfeiture. After an arrest for a felony violation of ¤ 18.2-266, the Commonwealth may file an information in accordance with ¤ 19.2-386.1. If the information is filed, the Commonwealth shall notify the Commissioner of the Department of Motor Vehicles that the property is subject to seizure. The Commissioner shall act upon such notification pursuant to the provisions for certification and notice applicable to a seizure under ¤ 19.2-375, except that the Commissioner shall serve the written notice of the seizure upon the registered owner and lienor in accordance with the requirements of ¤ 8.01- 296. Any seizure shall be stayed until conviction and the exhaustion of all appeals at which time, if the information has been filed, the Commonwealth shall immediately commence seizure of the property in accordance with ¤ 19.2-386.2. D. In addition to the penalty otherwise authorized by this section or ¤ 16.1-278.9, any person convicted of a violation of ¤ 18.2-266 committed while transporting a person 17 years of age or younger shall be (i) fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced to a mandatory minimum period of confinement of five days. E. For the purpose of this section, an adult conviction of any person, or finding of guilty in the case of a juvenile, under the following shall be considered a conviction of ¤ 18.2-266: (i) the provisions of ¤ 18.2-36.1 or the substantially similar laws of any other state or of the United States, (ii) the provisions of ¤¤ 18.2-51.4, 18.2-266, former ¤ 18.1-54 (formerly ¤ 18-75), the ordinance of any county, city or town in this Commonwealth or the laws of any other state or of the United States substantially similar to the provisions of ¤ 18.2-51.4, or ¤ 18.2-266, or (iii) the provisions of subsection A of ¤ 46.2-341.24 or the substantially similar laws of any other state or of the United States.
2. Thomas Law Firm: Northern Virginia DUI Defense The Commonwealth of Virginia has extremely tough DUI laws and penalties. Every year, in fact, it seems the legislature tries to change the laws, making it harder for people to avoid conviction and punishing them more severely afterward.
3. Boneta, John: DWI/DUI Traffic Cases (Not a complete list) * Driving on Suspended License * Reckless Driving * Hit & Run * Speeding * Failure to Obey a Highway Sign * No DriverŐs License * Evading a Traffic Control Device * Violation of Right Turn on Red * Improper U-Turn * Criminal Cases (Not a complete list) * Assault & Battery * Possession of Marijuana * Underage Possession of Alcohol * Felonies * Misdemeanors Probation Violations Personal Injury Contract Disputes Domestic Relations (Not a complete list) * Divorce * Child Custody * Protective Orders
4. Salvado & Salvado: People mistakenly try to defend themselves by answering police questions before getting arrested. Keen citizens who consult attorneys before making any voluntarily statements to the police are more likely to preserve their defenses and not incriminate themselves. We all have the right to remain silent and exercising that right may be the most important act in your life. When in doubt, consult an attorney. Often just a telephone consultation is very helpful. It is not possible for an attorney to guarantee results.
5. John Boneta: Does the car have to be moving for me to be guilty of DUI/DWI? No. You can be arrested for DUI/DWI by driving while over the legal BAC in your state or while impaired. But, you need not actually drive a car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.