All US states have their own strategies on eradicating DUI related accidents, the state of Virginia, specifically, has a very tough law in regards with DUI.
Being arrested of DUI entails heavy consequences, it could include fines, incarceration and suspension of driver's license. Take note that DUI is not a simple traffic violation but a criminal offense.
Do you know that?
- in 2009 it was recorded that at least one-alcohol impaired
driving fatality occurred every 48 minutes.
- over 40% of fatal road accidents are alcohol-related.
- According to estimates, someone is injured in an alcohol-related accidents every year.
- NHTSA, found in 2009 that 1 in 3 people will be involved in a crash related to drunk-driving at least once in their life.
These are the 'little known facts' about DUI, meaning only a few numbers of road users give extra time and effort to research and read about useful information about such felony.
It is important for us to be educated on DUI laws and facts, it will make us us more conscious when it come to our driving , and would develop a 'drive with conscience' mentally within us.
What is DUI?
Driving Under the Influence means driving or operating a motor vehicle when your ability is impaired by a depressant, stimulant, hallucinogenic, or narcotic drugs or driving a motor vehicle with a blood alcohol concentration (BAC) above the legal limit permitted.
What is the legal blood alcohol concentration (BAC) permitted in Virginia?
In Virginia the legal BAC to drive a motor vehicle is under 0.80%. Having been tested with BAC level of 0.80% or higher is already a ground for DUI arrest. However, you can also be arrested of DUI even if your BAC level is below the illegal limit, if you are tested and proven to be under prohibited drugs while operating your vehicle or been under medication even if it comes with a legal prescription. In all cases mentioned, noticed that all substances is proven to impair your driving, a solid ground for DUI arrest.
Why avoid DUI?
Apparently, alcohol, stimulants, narcotics and other prohibited drugs alter the way our minds are supposed to think. It narrows our judgment, alertness and reflex. This is the most common roots of fatal road accidents and minor car crashes that contributes to traffic congestion.
Traffic violations are inevitable even how much care and obedience you give to the rules and regulations regarding that matter. If ever you are pulled over due to alleged offenses such as DUI, there are certain test that you are mandated to undergo, so to prove your innocence or your guilt.
The most common test that you are most likely to go through is the breath test. Take note that, refusing to take the test is considered a misdemeanor and also has corresponding penalties.
What are the penalties for refusing to take a breath test?
First breath test refusal – your license will be automatically suspended for (7) seven days.
Second breath test refusal - your license will be automatically suspended for (60) sixty days, or until you are called for a court hearing, whatever comes first; if proven guilty under such felony, your driver's license could be suspended for (1) one year.
Third breath test refusal - Automatic license suspension or until you go to trial; if convicted, your license will be suspended for (1) one year.
Breath test refusal with an existing DUI of breath test refusal conviction – classified under Class 2 misdemeanor, your license could be suspended for (3) three years.
Breath test refusal with (2) two existing DUI conviction and a breath test refusal conviction within the last (10) years – classified under Class 1 misdemeanor, your license could be suspended for (3) three years.
The Department of Motor Vehicles had established their own suspension penalties under the misdemeanor cases of refusing a breath test and for DUI conviction. Be informed that this suspension takes effect immediately after arrest.
These are the penalties:
The moment you are convicted, prepare yourself to endure a more serious round of consequences. First DUI arrest – a mandatory fine of not less than $250 and a revocation of your drivers license. Moreover, you will be enforced to install an ignition interlock device.
Second DUI arrest – a mandatory fine of not less done $500, revocation of driver's license for (3) three years and a foreseeable incarceration of (1) one year. Furthermore, if you appear to have prior conviction of DUI within (5) five years from your first offense, a mandatory incarceration of (20) twenty days, if it has been (10) years after your first offense, you will only be incarcerated for (10) ten days.
Third DUI arrest - a mandatory fine of not less than $1,000 and an infinite revocation of your driver's license. You will be summon for Class 6 felony. If it had been (5) five years after your first arrest, there is a mandatory incarceration of (6) six-month. If it had been (10)ten after your first arrest, there is a mandatory incarceration of (90) days. In both cases, your vehicle will be forfeited for good, given if you have sole ownership over it.
Arrested with BAC alcohol level of 0.2% or higher – a mandatory incarceration of not less than (10) ten days, as an addition to your other punishments. The second offense, still classified under such arrest is mandatory incarceration of not less than (20) twenty days, as an addition to your other punishments.
Failure to follow the authorities' order to install an ignition interlock on all your vehicles under your ownership or joint ownership with another person – you could be arrested under Class 1 misdemeanor charge and a progressive revocation of your driver's license, for another (1) one year. In addition, you could be incarcerated for up to (1) one year with a fine of $2,500.
To end, DUI is very serious criminal offense, in fact, it is also one of the most deadly, it compromises not only your safety and security but also those of other road users. One best way of avoiding such deadly felony is to educated your self about DUI related facts and regulations, and also of the little known facts about it.
If ever convicted under such felony consider seeking the aid of expert DUI lawyers, they know the right things to do in your situation. Just be sure to be keen in getting the service of a true commendable lawyer, it's just like digging your own grave if you mistakenly get the service of an amateur.