Driving Under the Influence

According to the Centers for Disease Control and Prevention (CDC), approximately 30 people in the United States die each day in motor vehicle crashes involving a driver who is impaired by alcohol.  Furthermore, drugs other than alcohol, such as cocaine and marijuana, are involved in approximately 18 percent of motor vehicle driver deaths.

In the State of Virginia, the law sends a clear message that driving under the influence will not be tolerated.  If you are ever unsure about your suitability to drive, know that the existing laws are in place for a reason and use them as your guide.  Virginia law states as follows:

• While you should not be drinking at all if you are under 21, any driver under legal drinking age who is found operating a car with a blood alcohol content (BAC) of .02% or higher will be charged for Driving Under the Influence (DUI). If you weigh 160 pounds of less, you will achieve a .02 BAC by drinking one 12 ounce beer, one 5 ounce glass of wine, or one 1.5 ounce shot of hard liquor.
• Licensed commercial drivers will receive a DUI for a BAC of .04% or higher.  If you weigh 160 pounds or less, 2 drinks of the sizes mentioned above will give you that BAC.
• All other drivers will receive a DUI if their BAC is .08% or higher.  If you weigh 160 pounds or less, that result would be achieved with 4 drinks of the sizes mentioned previously.

The penalties for this behavior are steep in the State of Virginia.  For a first offense, you will spend a minimum of 5 days in jail, pay a minimum of $250 in fines, and have your driver’s license suspended for one year. For a second offense, you will spend 20 days to one year in jail, pay a minimum of $500 in fines, and have your driver’s license suspended for three years.  For a third offense, you will spend a minimum of 6 months in jail, pay a minimum of $1000 in fines, and have your driver’s license suspended indefinitely.

Unfortunately, individuals get behind the wheel in an impaired state on a daily basis, believing themselves to be in an acceptable condition to operate a vehicle.  Should you make an error in judgment and be charged with a DUI, it is important to consult with an experienced attorney immediately, as you will need assistance with navigating the complexities of the legal system.  Call us at 757-282-6800 today.