Virginia DUI Laws Lawyer

Most people in Virginia think that DUI is a charge you get when your Blood Alcohol Content (BAC) is 0.08% or higher. However, DUI also covers a wider range of circumstances. For instance, if you are high on self-administered drugs, high on drugs like cocaine or methamphetamine, or any combination of drugs and alcohol that impairs your ability to drive a vehicle, you can also be charged with DUI.

If you are charged with DUI, you should contact The Law Offices Of SRIS.P.C. They have lawyers who have experience dealing with DUI cases. The lawyers will help you create a defense strategy by reviewing all available evidence, such as pictures, videos, witness testimonies, and more.

How Much BAC Is Considered To Be Over The Limit?

The police will pull you over and ask you to submit to a breath or blood test to check your BAC. If you are an ordinary person, your BAC should not be 0.08% or more. If you are a commercial driver, your BAC should not be 0.04% or more. For those under 21, your BAC should not be 0.02% or more. You will be charged with aggravated DUI if your BAC is unusually high, such as 0.15% or more.

Can The DUI Charges Be Dismissed In Virginia?

Yes, the DUI charges can be dismissed in Virginia. The charges can be dismissed for many reasons, including:

  • The prosecutor might drop your case because of insufficient evidence or because the collected evidence is not admissible in court.
  • The police officer did not follow the protocols when collecting the evidence.
  • The police officer stopped your car without probable cause.
  • There was a problem with the breathalyzer.
How To Reduce DUI Charges?

You can reduce your DUI charge to a lesser violation known as “wet reckless.” This is the same as reckless driving in all factors other than being a lesser violation for DUI. To get charged with wet recklessness instead of DUI, you would need to plead guilty to wet recklessness. However, this can be a difficult task because the prosecutor has the final say on whether or not to reduce the charges. Convincing the prosecutor to reduce the charges is not easy, and you will need the help of your DUI lawyer from The Law Offices Of SRIS.P.C.

Your DUI lawyer must show a strong enough case that can make the prosecutor reduce the DUI charges. To reduce the charges, you will need to have the following:

  • No criminal history
  • No prior DUI conviction
  • A clean driving record
  • No one was injured or killed while you were driving under the influence
  • Your BAC was close to the legal limit
  • You cooperated with the arresting police officer
  • There were problems with the collected evidence
Can I Get DUI Conviction Expunged From The Criminal Records?

No, you cannot get a DUI conviction expunged from your criminal records in Virginia because it is permanent. Each state has different rules regarding DUI convictions. Some states allow DUI-convicted felons to have their conviction expunged, while others do not allow the conviction to be expunged. Expungement is only available for people who are innocent or wrongly accused.

Can I Get My DUI Records Sealed In Virginia?

Yes, you can get your DUI record sealed in Virginia. By sealing your records, the only ones who will be able to see your DUI record will be law enforcement agencies. When others, such as employers doing background checks, try to see your records, they will be sealed off.

What Happens To Your Car Once You Are Charged With DUI?

When you are arrested for DUI, the police officer will thoroughly check your car for any possible evidence. Your car will then be impounded in an impound lot until you can retrieve it. When retrieving your car, you will need to bring some identification with you, such as a social security card, passport, or any other form of ID. This is because you will need to show some ID that proves you are the car’s owner.

Will the police search the vehicle before towing it to the impound?

Yes, the police will search your vehicle after you have been arrested for DUI. They will do an inventory search, which means they will record and list all the items found inside the vehicle. The police do this to avoid any property loss issues that may arise in the future. If the police find any illegal contraband during the search, you will be charged with additional charges. This includes illegal drugs, stolen property, and more.

What is the punishment for DUI causing injuries in Virginia?

When a person under the influence of drugs or alcohol inadvertently causes bodily harm to another person, they will be charged with a class 6 felony. The penalties for a class 6 felony include a fine of \$2,500, a prison sentence of one to five years, and the revocation of your driver’s license.

What is the punishment for DUI causing death in Virginia?

If a person driving a vehicle under the influence of alcohol causes the death of another person, they will be charged with involuntary manslaughter. Involuntary manslaughter is a class 5 felony, and once convicted, you will be punished with a fine of \$2,500 and jail time of one to ten years.

Sometimes, the penalties will be more severe if the defendant shows wanton disregard for human life and does not show even a little remorse for another person’s death due to their actions. In this case, the charge will be elevated to aggravated involuntary manslaughter. The penalties will include imprisonment of 20 years with a minimum jail sentence of two years.

What is involuntary manslaughter?

Involuntary manslaughter does not mean that a person is guilty of manslaughter simply because they were involved in the death of another person. It means that a person caused the death of another person while under the influence of alcohol. The driver lost control of their vehicle due to the influence of alcohol, leading to the death of an innocent person. Therefore, the death of a person is purely accidental and was not premeditated, so it falls under the involuntary manslaughter category.

Involuntary manslaughter includes DUI and any other death due to negligent behavior. For example, if you fire a gun in the darkness and someone dies, or you lose control of your car when racing and someone dies as a result. In these cases, the death of a person is purely accidental, and this will come under involuntary manslaughter.

How to get a restricted license after a DUI conviction?

If you are convicted of DUI, you will not be able to drive for some time. The time it takes to get a restricted license depends on the number of prior DUIs you have.

  • First DUI conviction: Your license will be suspended for one year for the first DUI. However, you can get a restricted license immediately after the conviction.
  • Second DUI conviction: Your driver’s license will be suspended for three years for the second DUI. You can get a restricted license after one year of the conviction if the prior DUI was within five years. If the prior DUI was within five to ten years, you could get a restricted license after four months.
  • Third DUI conviction: Your driver’s license will be suspended indefinitely for the third DUI. You need to wait for three years to get a restricted license.
What are the requirements for reinstating a driver’s license?

The requirements for reinstating your driver’s license after a DUI conviction include the number of prior DUI convictions, outstanding criminal charges, and penalties.

License Reinstatement After a First DUI

After a first DUI conviction, you can immediately petition the court for a restricted license. A restricted license allows you to drive a vehicle, but there are certain conditions attached to it. Once granted a restricted license, you must install an ignition interlock device (IID) on your vehicle. The defendant must install an IID for all DUI convictions, including the first. To start the vehicle, you need to blow air into the IID, and the device will check whether you are sober. If the result is sober, your vehicle will start.

To regain full driving privileges, the defendant must comply with all the terms of the suspension. Some of the terms include:

  • Completing a Driver Improvement Program
  • Completing a Virginia Alcohol Safety Action Program (VASAP)
  • Waiting for the license suspension to end
  • Payment of all court costs and fines
  • Payment of reinstatement fees
  • Installing an ignition interlock device on your vehicle
License Reinstatement After a Second DUI

The conditions to reinstate a driver’s license after a second DUI are similar to the requirements for the first DUI. They are:

  • Waiting for the license suspension period to end
  • Proof of payment of fines and court costs
  • Passing the Virginia Alcohol Safety Action Program (VASAP)
  • Passing the Driver Improvement Program
  • Installing an IID on your vehicle
  • Paying all reinstatement fees
License Reinstatement After a Third DUI

For a third DUI, your license will be suspended indefinitely. In this case, after five years since the conviction, you can petition to have your driving license reinstated. However, the process of your license restoration will be a lot harder when compared with regular license reinstatement. You need to comply with all the terms the court sets to have your driving privileges fully reinstated. Some terms include:

  • Proof of payment of court costs and fines
  • Waiting for five years to apply a petition for reinstatement
  • Installing an IID on your vehicle, regardless of whether your driver’s license is granted
  • Completing a Driver Improvement Program
  • Payment of all reinstatement fees
Commercial License Reinstatement

When a commercial driver is convicted of a first DUI, their license will be suspended for a year. If a CDL driver has a second DUI conviction, they will lose CDL driving privileges for a lifetime. To reinstate your Commercial Driver’s License (CDL), you must comply with all the probationary requirements set by the court. They include:

  • Payment of fines and court costs
  • Paying all reinstatement fees
  • Passing the CDL driving skills test
  • Passing the Virginia Alcohol Safety Action Program (VASAP)
  • Waiting until the suspension period is over
Why Is the Use of a Virginia DUI Laws Lawyer Important?

DUI cases are complex cases that require a thorough understanding of the DUI laws. Only some lawyers can understand the intricacies of these laws. So, hiring an experienced lawyer from The Law Offices OF SRIS.P.C. will make your case much more effortless. An experienced DUI lawyer will know what to look for and try to reduce or dismiss the DUI charge.

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