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Being pulled over by a Virginia law enforcement officer can be a frightening experience. Especially concerning is if the officer suspects you have had too much to drink. Many people are surprised at how aggressive officers can be when assessing your fitness to drive.
You may have been asked to submit to the ‘walk and turn’ field sobriety test, a questionable evaluation technique that is somewhat controversial. Then perhaps you experienced the horizontal gaze nystagmus (HGN) test, which also has issues (click on the links to read more about each test).
The laws for first time offenders are very clear. In Virginia a DUI is a Class 1 misdemeanor which carries a maximum punishment for the first offense of a $2,500 fine, one year in jail, and the loss of your driving privileges for one year.
The prospect of losing your license for a year is daunting, but be aware that the judge has the ability to allow you to get a restricted license so you can drive to school and / or work. You will also have to enroll in – and complete – the Virginia Alcohol Safety Action Program (VASAP).
DUI convictions in Virginia are a serious matter, and one you should not succumb to without a fight. If you are concerned about being convicted of driving under the influence, contact an attorney to discuss your rights and your options.
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