Drinking and driving are not the best of friends. Laws against drinking and driving are strict in every state, especially Virginia, in order to prevent accidents and injuries on the road.
If you are a resident of Virginia, you should know the DWI laws before you reach for your keys after having consumed alcohol.
Here is a glimpse of some of the alcohol-related laws in Virginia, where you can be arrested and charged with DWI/DUI if:
– You are caught driving with a blood alcohol concentration level of .08 or more.
– You show signs and symptoms, which clearly indicate to a law enforcement officer that you have had one too many. This means that your manner, disposition, speech, muscle movement and overall appearance are significantly altered by the influence of alcohol.
– You drive after drinking or consuming any intoxicant (drug) either singly or in combination with alcohol to the extent that it retards your ability to drive.
– The following concentration of intoxicants is found in your blood
– .02 milligrams of cocaine per liter of blood; 0 .01 milligrams of phencyclidine (PCP) per liter of blood; 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood
– You are below 21 years of age, and have a blood alcohol concentration of .02 or greater.
It is important to note that if the Virginia law enforcement authorities have arrested you for drunk driving (DWI/DUI), then you do not have the absolute right to ask for a blood test (which is a change from years past when you had the choice between a blood or breath test).
Additionally, if the apprehending law enforcement officer charges you with DWI/DUI and you refuse to take the breath test, then you face the additional charge of “unreasonable refusal.” This charge carries the potential for more fines and associated penalties, including loss of your license for one year without the possibility of obtaining a restricted permit to drive to and from work.
So, the next time you think about getting behind the wheel in a state of inebriation, remember all the penalties you face. Also, please remember that you could seriously hurt yourself or an unsuspecting victim. It is important to realize that nearly one-third of all serious Virginia traffic accidents involve a driver with a blood alcohol content beyond the legal limit and nearly 6% of those drunk drivers had a blood alcohol content more than twice the legal limit!
James R. Parrish is a DWI/DUI lawyer in Manassas, Virginia. Mr. Parrish formerly represented law enforcement agencies and instructs law enforcement authorities in Virginia. His law firm offers free information and consumer’s legal guides to Virginia residents. http://dwi.theparrishlawfirm.com/
Filed under: Criminal Law |