VA DWI Laws, Penalties, License Suspension, and FR-44 Information
ISSUE ONE: The Virginia Implied Consent / Administrative License Suspension Proceeding: Under Virginia law, any person who operates a motor vehicle upon a highway in the Commonwealth of Virginia shall be deemed, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of Virginia’s DUI statute or of a similar ordinance within three hours of the alleged offense. Pursuant to Virginia implied consent law, your Virginia license was most likely suspended for anywhere from seven to 60 days for failing or refusing a breath test. ISSUE TWO: The Virginia DUI / Refusal Offense: Separate from the administrative license suspension proceeding is the criminal charge for driving under the influence or DUI and / or the charge of refusal to submit. RELATED TO ISSUE ONE ABOVE: Your Virginia driver license may be suspended in the administrative license suspension for failing or for refusing a chemical test. Driving while your license is suspended or revoked for a Virginia DUI offense should be avoided as it is a new crime. SECOND DUI OFFENSE (misdemeanor) if your prior conviction is within 5 – 10 years of current conviction, at least 10 days jail; if your prior conviction is within the past 5 years, at least 20 days jail; three year Virginia license revocation; ignition interlock device required; $500+ fine. FIRST VA REFUSAL TO SUBMIT(civil offense) one year Virginia license suspension. If you are a Virginia licensed driver and you are convicted of a DUI / DWI / OWI charge in another state, the Commonwealth of Virginia will revoke your license if it learns of the conviction. If you are applying for a Virginia driver’s license and your driving privilege / license is suspended, revoked, or disqualified in another state, you must first reinstate your driving privileges in that state before you can obtain a Virginia driver’s license. The FAA has special reporting requirements for certain Motor Vehicle Actions including Virginia DUI convictions and certain administrative license suspensions.
9 Things You Didn’t Know About A “1st DUI” Offense
In situations where the facts and circumstances of your case are such that the prosecutor may have difficulty proving DUI in a trial they may be willing to plea bargain to a lower offense. You are presumed to be under the influence at 0.08%, but prosecutors are more willing to reduce a DUI to a wet reckless or possible lower offense if your BAC is between 0.08% and 0.11%, since the difference is not substantial. If you were stopped for an equipment violation or a relatively minor traffic offense such as speeding just a few miles over the limit or perhaps not coming to a full stop at a traffic sign, this in conjunction with your relatively low BAC could be used to persuade the prosecutor to reduce your DUI charge as well. Prosecutors are more willing to offer a reduced charge if this is your first offense compared to situations where there is a history of DUI for the defendant. A prosecutor will likely not offer you a plea to a wet reckless if you refused testing unless the totality of the evidence of your having driven while under the influence is scant. If you refuse to take the BAC test, the prosecutor can use your refusal to argue at trial that you refused to take the test because you were conscious of your guilt. Without a BAC test, the prosecutor can use your refusal as evidence of guilt but will likely have to use other evidence to convict you such as your driving conduct, demeanor and results of field sobriety tests, if any. Since a test refusal is considered an aggravating circumstance, a prosecutor will not offer you a wet reckless unless there is little or no other evidence of your guilt. You do have a right to refuse to perform any field sobriety tests including the PAS, or preliminary alcohol screening test, which is a portable device used by officers to establish probable cause to request you submit to a breath, blood or urine test. If you were in an accident that was not your fault but the investigating officer determined that you had been drinking and a BAC test result was 0.08% but under 0.12%, you could plausibly argue to the prosecutor that an offer of wet reckless would be reasonable.
CA California DUI Laws, Fines & Penalties
If you’ve been charged with DUI in California, the law allows only 10 days for a California DUI Lawyer to make a request with the California DMV for a hearing to help save your drivers license. The penalties for driving under the influence in California will depend upon the exact circumstances of each particular case and the number of previous offenses a person has. Possible 10 year drivers license revocation †Any driver convicted of three or more DUI violations within a 10 year period may be liable to be issued with a 10 years drivers license revocation. 10 Year Drivers License Revocations for Three or More ViolationsSentencing courts will consider revoking the drivers license of any repeat offender who has been convicted of three of more DUI violations within a 10 year period. In California any person driving a motor vehicle is deemed to have given their consent for chemical testing of their breath, blood or urine in order to determine the alcohol content within their blood if lawfully arrested for driving under the influence. ADULT DRIVERS – BAC LIMIT = 0.08%In the State of California it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood. DRIVERS UNDER 21 – BAC LIMIT = 0.01%In the State of California it is an offense for drivers under the age of 21 to drive any motor vehicle with 0.01% or more, by weight, of alcohol in his/her blood. DRIVERS UNDER 18 – BAC LIMIT = 0.00%In the State of California it is an offense for drivers under the age of 21 to drive any motor vehicle with 0.00% or more, by weight, of alcohol in his/her blood. PROBATION – BAC LIMIT = 0.01%In the State of California it is an offense for drivers on probation for for violating DUI laws to drive any motor vehicle with 0.01% or more, by weight, of alcohol in his/her blood. COMMERCIAL DRIVERS – BAC LIMIT = 0.04%In the State of California it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.