DUI/DWI
VIRGINIA DUI DWI DEFENSES: It is important to understand that anyone who is charged with a Virginia DUI DWI offense, despite what their BAC might have registered, still has strong, legitimate defenses to the charge. Please call Petrovich & Walsh and schedule a free consultation to discuss such defense strategies.
DUI/DWI is a Class 1 Misdemeanor in the Commonwealth of Virginia, meaning that a first time offense is punishable by up to one year in jail and/or up to $2500 in fines. Virginia DUI/DWI laws also mandate entry into ASAP (Alcohol Safety Action Program) and a one-year suspension of your driver’s license. Under Virginia law, you are driving or operating under the influence when operating a motor vehicle, boat or water craft, if one or more of the following is true:
You have a BAC (blood alcohol content) of .08 or above.
You are “under the influence of alcohol”.
You are “under the influence” of any drug or intoxicant or have such substances in your blood above certain levels.
You are “under the influence” of a combination of alcohol and drugs.
If you register a 0.08 or higher BAC, your driver’s license will be suspended for seven days immediately after your arrest before being returned to you. This suspension is a DMV suspension and is separate from the one year license suspension if you are convicted.