subject: Dui Laws In Virginia [print this page] The authorities in Virginia are pretty tough on drunk drivers because they want the drivers to be responsible for their own as well as others safety on the road when behind the wheel. The state has recently implemented some changes in the DUI laws. Read on to learn more about them.
Did you know that across the United States, there is an accident every two minutes which occurs due to driving under the influence? That is not all, of these accidents, there is one with fatalities occurring every 32 minutes. The state of Virginia has stringent DUI laws in place quite like other states to ensure that people behave responsibly on the road and do not risk the lives and properties of others while on the road. The DUI laws in the state have been changed recently and before we discuss the changes, let us learn a bit more about the DUI offense first.
Important DUI Basics
To begin with, DUI or Driving under the Influence is not a mere traffic violation, it is a misdemeanor. So, if you are caught drunk and behind the wheel, you will not be given a ticket and sent off, but you will be treated like a criminal and taken to a police station. You will be tested for the alcohol or other drug levels in your body and then you will be charged with DUI. You have the right to defend yourself and plead innocent and for this you will need the assistance of an experienced DUI lawyer practicing in Virginia.
When charged, you could be either booked for drunk driving- which means driving a vehicle or water vehicle when you have a BAC or blood alcohol concentration level of at least 0.08%. The other charge placed on you can be impaired driving- this means your driving skills and your response time behind the wheel has slowed down irrespective of your BAC levels. Drivers under the influence of drugs are also charged with impaired driving- and this includes legitimate prescription and over the counter drugs as well. In other words, you can be arrested by a Virginia State police officer even if your BAC is zero.
After being arrested, the police have to test the amount of alcohol in your body and you will be asked to take a breath test. Remember that refusing to take breath tests is also considered an offense. If you are convicted in a court of law of DUI, then your license gets suspended and other penalties and suspensions are implemented by the Department of Motor Vehicles itself. Repeated DUI convictions will result in jail time and fines along with directives to use ignition interlock devices.
The New Ignition Interlock Law
The new penalties of DUI conviction now direct even the first time DUI offenders to use ignition interlock devices on their cars. This device takes a breath test before allowing the vehicle to start. Earlier only multiple DUI offenders with BAC levels of 0.15 were to use ignition interlock devices. But the law has been met by critical questioning. Some say that there is a lobby of ignition device manufacturers behind the law (the sale of these devices is expected to double with first time offenders also requiring the devices). However, the law has been implemented and there is no getting out of it because there is no scope of judicial discretion to be used to waive the requirement of the ignition interlock device.
Now that you know the law, you must contact a reputed Virginia traffic lawyer to represent you in the DUI case.
