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Considering that about half of all those arrested for driving under the influence (DUI) are moderate social drinkers, a traffic stop by a suspicious police officer can happen to anyone. If you’ve been stopped for DUI in Virginia, you may be wondering if the police were acting within their rights. Understanding your rights and being informed about the Virginia DUI laws can go a long way towards making sure you are not abused in the system.

Driving in Virginia means you consent to testing: Virginia has an implied consent law, which states that if you operate a motor vehicle on the Commonwealth’s public roads, you agree to take a chemical test upon request to determine how much alcohol or other drugs are in your body.

No warrant needed if police have probable cause: If you are involved in a car crash and the police believe that you were intoxicated at the time of the accident, you can be arrested for DUI within three hours of the crash. Law enforcement officers do not need a warrant because they have probable cause, and they can make the arrest at any location.

Conviction can happen at any BAC level: In Virginia, you are considered intoxicated if your blood alcohol content (BAC) is 0.08 percent or higher. However, you can be convicted of a DUI if your BAC is below 0.08 if your driving is impaired – a fact some drivers don’t realize. You can also face similar penalties to a DUI if your driving is impaired because of a drug that you took – legal or illegal.

Virginia is a zero tolerance state: If you are under the age of 21 and are convicted of driving after drinking alcohol, you could face some stiff penalties including fines, jail time, and license suspension. If your BAC is greater than 0.02 but below 0.08, you could be fined up to $500, face time in jail, and have your licenses suspended for six months. If your BAC was equal to or over 0.08, you will face the same penalties as a driver over the age of 21 caught driving drunk.

Virginia supports automatic license suspension: If you are stopped under suspicion of DUI, watch out – you may very well lose your license immediately. For a first time DUI offense – or the first time you refuse a breath test – your license will be automatically suspended for seven days. For your second DUI offense or breath test refusal, your license will automatically be suspended for sixty days or until you go to trial. For your third DUI offense or breath test refusal, your license will be suspended until you go to trial, period.

The penalties for being found guilty of drinking while driving in Virginia can be harsh. If you are facing a DUI conviction, it is in your best interest to discuss your case with an experienced attorney. You can contact the lawyers at the Norfolk office of Weisberg & Zaleski to review your options for no cost or obligation.

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Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
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