Have you ever tried to untangle Virginia’s basic DWI laws and the penalties for breaking them? Like most states, our laws are complicated. Knowing the basics will help you avoid breaking those laws and getting into trouble. It will also ensure you know what will happen if you do break the law. Here are a few facts you should know.
Virginia Has an Implied Consent Law
By driving on public roads in Virginia, you automatically agree to the implied consent law. That means if an officer has reasonable cause to think you might be driving under the influence of alcohol or drugs, you agree to submit to a blood, breath, or urine test. Refusing such tests will result in a refusal charge. At the very least you’ll be subject to a license suspension and possibly a fine. The length of the suspension depends on whether this is your first offense or not.
BAC Limits Aren’t the Same for Everyone
The amount of alcohol in your blood, or blood alcohol content (BAC), that will get you into trouble isn’t the same across the board. Adults over 21 can get a DWI with a BAC of 0.08% or higher. For commercial drivers, the number is half that, or 0.04%. Virginia laws are strictest with minors who can’t legally consume alcohol in the first place. If you’re under 21, any BAC over 0.02% can earn you a DWI citation.
The Penalties Depend on the Circumstances
All kinds of factors determine exactly what any given DWI sentence looks like. For instance, having someone under 18 in the car with you or being under 21 yourself will make your penalties more severe. So will having a BAC above 0.15% or 0.20%. In addition, if this isn’t your first DWI conviction, you will receive harsher penalties than a first-time offender.
That being said, if you’re over 21, you’ll face a fine, license suspension, and possibly jail time. You may also be required to complete an alcohol safety action program. If your BAC is above 0.15%, you’ll have to use an Ignition Interlock Device for a period of time.
You Can Beat a DWI
It’s certainly possible to beat a DWI in Fairfax. You’ll improve your chances a great deal by working with a knowledgeable attorney. He or she can help you navigate the court system and build the best defense possible.
We at the Law Office of Faraji Rosenthall specialize in DWI cases. We also offer a consultation at no cost to you. If you’ve received a DWI, contact our office to discuss your options.
