DUI / DWI Defense FAQs
1. What is the legal limit for DUI in Virginia?
In Virginia, a driver is legally intoxicated with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers (CDL), the limit is 0.04%, and for drivers under 21, Virginia enforces a zero-tolerance policy with a BAC of 0.02% or higher.
2. What is the difference between DUI and DWI in Virginia?
Virginia uses the term DUI (Driving Under the Influence) rather than DWI. The charge applies to alcohol, drugs, or a combination of both. Out-of-state drivers may use “DWI,” but Virginia law prosecutes these cases as DUI offenses.
3. What penalties can I face for a first-offense DUI in Virginia?
A first-offense DUI is a Class 1 misdemeanor, punishable by:
- Up to 12 months in jail
- Fines up to $2,500
- Driver’s license suspension
- Mandatory alcohol education programs
Additional penalties may apply depending on BAC level.
4. Can I refuse a breathalyzer or blood test in Virginia?
Virginia has an implied consent law. Refusing a breath or blood test can result in automatic license suspension and may be used against you in court. Refusal penalties increase for subsequent offenses.
5. Will I lose my driver’s license after a DUI arrest?
Yes. DUI arrests often trigger an administrative license suspension, even before trial. However, you may be eligible for a restricted license allowing limited driving for work, school, or medical needs.
6. Can a DUI charge be reduced or dismissed in Virginia?
Yes. DUI charges may be reduced or dismissed based on factors such as:
- Illegal traffic stops
- Faulty breath or blood tests
- Improper police procedures
- Constitutional violations
An experienced DUI defense attorney can identify weaknesses in the prosecution’s case.
7. How long does a DUI stay on my record in Virginia?
A DUI conviction remains on your criminal record permanently and stays on your driving record for 11 years. Prior DUI convictions can increase penalties for future offenses.
8. Do I need a lawyer for a DUI charge?
Yes. DUI laws are complex, and penalties are severe. A criminal defense attorney can protect your rights, challenge evidence, and seek reduced penalties or alternative sentencing.
9. What happens if I get a second or third DUI in Virginia?
Repeat DUI offenses carry mandatory jail time, longer license suspensions, and higher fines. Penalties increase substantially if prior convictions occurred within 5 or 10 years.
10. Can I be charged with DUI for drugs or prescription medication?
Yes. Virginia DUI laws apply to illegal drugs, prescription medication, and marijuana if they impair your ability to drive safely—even without alcohol involvement.
11. Will a DUI affect my job or professional license?
A DUI conviction can impact employment, security clearances, professional licenses, and insurance rates. Certain professions face mandatory reporting requirements.
12. What defenses are commonly used in DUI cases?
Common DUI defenses include:
- Challenging the legality of the stop
- Questioning field sobriety test accuracy
- Disputing breath or blood test reliability
- Arguing violations of constitutional rights