Virginia DUI Attorney: What to Expect in a Virginia DUI Case

Getting arrested for DUI or DWI in Virginia is a very serious offense with possible consequences, which include jail time, significant fines, and a license suspension.  Unlike nearby states, Virginia DUI laws are some of the strictest, even for first time offenders.

            

           One of the most controversial DUI consequences is the requirement of an ignition interlock device.  Half the states require an interlock device for all DUI offenses, and the other half only requires the devices in extreme circumstances.  Virginia is one of the states that require an ignition interlock device for all DUI offenders.  However, because a first-time DUI results in an automatic suspension of your driver’s license, the only way the interlock device would be required to be installed is if you request to have a restricted license to be able to drive for work and other limited purposes, and that request is granted.  Ignition interlock devices in Virginia are required to be installed for a minimum of six months, but oftentimes a longer period is required.  If the interlock device registers a violation at any time during its period of use, the length of time required to have the device installed is extended another six months, and the violator risks having his probation violated.  Keep in mind that when your probation is violated, any suspended jail time is usually rescinded by the judge and you will have to serve the full amount of your sentence.

            

           Another consequence of getting a DUI is that you are required to attend, and pay for at your own expense, classes under the Virginia Alcohol Safety Action Program (VASAP).  Just like other states require alcohol treatment classes for anyone charged with DUI, Virginia has created their own program to handle this.

            

           In addition to interlock devices and VASAP classes, there are significant fines and jail time associated with DUI convictions.  In most first offense DUI cases, if your BAC is below 0.15, jail time is avoided.  However, if your BAC is between 0.15 and 0.20, there is a mandatory minimum that requires at least 5 days in jail.  If your BAC is above 0.20, you are required to serve at least 10 days in jail.  If you have committed more than one DUI offense in a 5 or 10 year period, the required minimum amount of jail time and the amount of fines increase significantly.  

If you are charged with DUI or DWI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Virginia DUI Attorney: Ignition Interlocks Have Reduced Drunk Driving Deaths in Virginia by 40%

           A new report from Mothers Against Drunk Driving (MADD) reveals how many drunk drivers have been stopped by ignition interlock devices because they were trying to drive drunk.  Of course, these statistics are only compiled from the states that require interlock devices for all DUI offenders.  MADD’s goal for releasing such a report is to show the other non-interlock states that they need to adopt a law requiring ignition interlock devices for all DUI offenders.  This study logged more than 10,000 blocked ignition interlock attempts in Virginia.  To compare, states like New York and Washington had more than 84,000 and more than 100,000 failed attempts respectively.

           

           In Virginia, the study revealed that drunk driving deaths have fallen by 40% since implementing laws that require ignition interlock devices for all DUI offenders.  This ranked Virginia second out of 25 states that require interlocks for all DUI offenders.

            

          MADD strongly believes that, “no other option available today…can physically block an offender from operating his or her vehicle after consuming alcohol.”  Ignition interlock devices will prohibit anyone who has any alcohol in their system from driving.  The car cannot be started.  However, these “other options,” such as alcohol treatment, a license suspension, or an alcohol monitoring bracelet cannot prevent somebody from driving drunk.  According to MADD, the 25 states that do not require an interlock device for first time offenders must change their laws to allow safe travel on the roads without others being at risk of injury or death due to a drunk driver.

If you are charged with DUI or DWI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Alexandria or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Virginia DUI Attorney: Superbowl Weekend Means Increased Drunk Driving Patrols

           This Sunday is the Superbowl and that means parties with lots of alcohol.  Beer and football go together like peanut butter and jelly, nearly everyone is going to be watching the big game with a beer in hand. 

            

            Superbowl Sunday has proven to be one of the highest drinking and driving days of the year.  For example, the National Highway Transportation Safety Administration reported that in 2012, 38% of all U.S. traffic fatalities involved alcohol-impaired drivers.  That is proof that far too many people choose to drink and drive on Superbowl night.  Whether you are going to a bar or a friend’s house to watch the big game, please be smart and do not drive home if you have had something to drink.  The most common excuse people will use to explain why they drove drunk is that they are a “good driver” when they are drunk or that they only had 2 beers.  You should never risk your life or another’s life by driving drunk.  Further, police will be out in full force on Sunday looking for drunk drivers across Virginia.

           

             If you are going out to watch the game, plan ahead for how you will get home, whether it is walking, catching a cab, taking an Uber or Lyft, or using public transportation.  Another option is to have a designated driver lined up for the night.  Another tip to remember is to make sure you wear your seatbelt because that can save your life if a drunk driver hits you.

           

            Just think about how many people are driving drunk on the roads.  Police cannot catch every drunk driver, but they do catch many of them.  So many others avoid arrest and they are the ones who injure or kill innocent people.

If you are charged with DUI or DWI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/