Learn More About Virginia DUI Law

Virginia DUI Law outlines the particulars of what could be considered as an offense as per the Code of Virginia Section 18.2. The different subsections state the various facets of the Virginia DUI laws. The first question is what is a DUI offense according to Virginia DUI laws? It is a DUI offense if a person, under the influence of alcohol or drugs or both, drives a motor vehicle. The blood alcohol content must be above 0.08% to justify a DUI offense. It is the responsibility of the law enforcement agencies to implement the Virginia DUI laws and arrest and detain anyone breaching them.

Virginia DUI Arrests

According to the DUI laws of Virginia an individual can be arrested on ‘per se’ charges where the determining factors are the driving patterns and the field sobriety tests conducted by the officer. After arresting a person on the basis of driving patterns, the officer needs to conduct field sobriety tests. The State of Virginia acknowledges 3 types of sobriety tests which are Walk and turn, Horizontal gaze nystagmus, and One leg stand. He or she also needs to ask the defendant to submit to a breath or blood test. He or she also needs to let the accused know that he has the right to refuse the test.

DUI offenders of Virginia can also be arrested on the basis of the blood alcohol content as found in the blood or breath tests. After an arrest is done two cases are filed against the accused; one at a Virginia court of law and another at the Virginia Department of Motor Vehicles. The officer must provide all relevant reports at the time of the hearing. It is on the basis of the Virginia DUI laws and on the reports filed that the cases are decided upon. If convicted, an individual can be penalized as per the rules of the department as well as the laws of the state.

According to Virginia DUI laws every individual who has been given driving privileges is automatically under the implied consent rule. This means that if apprehended for drunk driving, all citizens must consent to submit to either breath or blood test, as required. In case you refuse to take the test or fail it, you are liable to increased penalties if convicted of the said DUI offense. This is because of the fact that with the help of a blood or breath test it becomes easier to prove the offense and when you refuse them this piece of evidence is denied.

Virginia DUI Penalties

Virginia DUI laws also provide details of penalties that are to be imposed on offenders. It is treated as a Class I misdemeanor in Virginia. The common penalty imposed on an individual for a first DUI offense is either a jail term of up to 1 year or a fine of up to $2,500 or both. In addition to this, certain enhancements may also be made. This is done on the basis of the blood alcohol content as found in the test results. Blood alcohol content of 0.15-0.20% is sufficient for a compulsory jail term extension by 5 days and blood alcohol content of 0.20% or above results in a 10 day jail term enhancement.

You can have a look at the details of Virginia DUI at http://www.dmv.virginia.gov/webdoc/citizen/drivers/restrict_privs.asp.

DUI laws of Virginia also state that the driving privileges of the offender should be taken away for a particular period. For a first DUI offense the Virginia driving privileges are suspended for a term of 1 year. For any subsequent offense the driving privileges are taken away for duration of 3 years. This is done in cases where the driver has consented for a breath or blood test. In cases of refusal or failure in the tests, if convicted a person’s driving privileges may be taken away for 3 years or more. A criminal case may also be filed which results in a jail term of 6 months in case of a first offense and may exceed to 1 year in case of any subsequent offense.

Every convicted DUI offender needs to enroll in the Virginia Alcohol Safety Action Program. The cost of this program needs to be provided by the offender. The charges for this course are $300.