criminal defense
Driving under the influence & Driving while Intoxicated
DUI vs. DWI – what’s the difference?
In a word? None.
While some states differentiate between Driving Under the Influence (DUI) and Driving While Intoxicated (DWI), Virginia does not and the terms can be used interchangeably.
Whether someone is intoxicated or under the influence is generally determined by the person’s blood alcohol content or BAC. For drivers aged 21 and older: The legal limit for blood alcohol concentration (BAC) is 0.08%. If a driver’s BAC is at or above this level, they can be charged with DUI/DWI. For drivers under age 21, any amount of alcohol in their system is enough to trigger legal consequences.
Blood Alcohol Content (BAC)
BAC is a measurement of alcohol intoxication and is calculated in grams per 100 mL of blood. The legal limit for drivers over the age of 21 is .08, which means that there is 0.08 grams of alcohol for every 100 mL of blood.
Enhanced penalties
Higher penalties may apply for BAC levels significantly above the legal limit (0.15% or higher), even if it is a person’s first offense!
Penalties for DUI/DWI
First Offense: Penalties may include fines, license suspension, and mandatory attendance at an Alcohol Safety Action Program (ASAP). Ignition Interlock may also be required.
Second Offense: Increased fines, longer license suspension, mandatory minimum jail time, and participation in an alcohol treatment program.
Subsequent Offenses: Penalties become more severe with each subsequent offense, including longer jail sentences and potentially permanent license revocation.
Can the police test me or my blood?
Yes, they can!
Virginia has an implied consent law, which means that by obtaining a driver’s license, individuals agree to submit to chemical tests if lawfully arrested for DUI. Refusing a breath or blood test can lead to license suspension and/or additional charges.
Ignition Interlock Devices
Virginia may require the installation of an Ignition Interlock Device for certain DUI offenses. This device prevents the vehicle from starting if the driver’s BAC is above a certain level.
Facing charges for DUI or DWI? Time is of the essence, and you deserve a legal ally who understands the intricacies of your situation. Our experienced team at Wolf Law Center is here to provide the guidance and support you need.
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Initial consultation
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Strategy development
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