With the summer months fully upon us, you must understand DUI laws. Doing so can help you protect yourself from offenses and allegations.
In any DUI allegation, Blood Alcohol Concentration (BAC) is a critical component. Police use this measurement to determine whether someone is legally drunk while operating a vehicle.
Virginia’s BAC Laws
If you're pulled over and found with a blood alcohol concentration (BAC) of 0.08% or higher, you could face serious consequences. For some, even a single drink could put them over the legal limit, so you must be mindful of your alcohol intake before getting behind the wheel.
If you are a commercial driver, the BAC limit is even lower. At only 0.04% or more, you could be charged with a DUI (driving under the influence).
How to Estimate Your BAC
Estimating your BAC, or blood alcohol content, is important for any responsible drinker. THERE IS NO SUBSTITUTE FOR ABSTINENCE IF YOU EXPECT TO BE DRIVING. IF YOU DRINK ALCOHOL, IT IS BEST AND SAFEST TO ARRANGE OTHER TRANSPORTATION THAN TO DRIVE AFTER DRINKING.
Several factors can affect your BAC, such as your:
- Age
- Weight
- Body type
- Biological sex
- The type of alcohol you consume
- The amount of alcohol you consume
To calculate your BAC:
- Know your current weight and the number of standard drinks you've had. A standard drink is defined as 14 grams of pure alcohol. This amount is typically found in a 12-ounce beer, a 5-ounce glass of wine, or a 1.5-ounce shot of liquor.
- Use an online BAC calculator or a formula to determine your estimated BAC level.
Remember, this formula produces only a rough estimate. Everybody is different, and many other factors can affect your BAC. Everything from what you’ve eaten that day to your activity level can influence your BAC. It's always best to err on the side of caution and avoid driving after you’ve had even one drink.
Penalties for a DUI Charge in Virginia
First Offense
Jail for up to 12 months; minimum $250 fine; license suspension for 12 months
Second Offense Within 5 Years
Minimum 20 days in jail, possibility of longer sentence; minimum $500 fine; license suspension for up to 3 years with no option for an immediate restricted license; restricted license available after 1 year.
Second Offense Within 10 Years
Minimum 10 days in jail, possibility of longer sentence; minimum $500 fine; license suspension for up to 3 years with no option for a restricted license for up to 4 months
Third Offense Within 10 Years
Felony; minimum 90 days in jail, possibility of longer sentence; minimum $1000 fine; possible indefinite license suspension; possible vehicle seizure
Four or More Offenses, or Offense Committed After Felony DUI Conviction
Felony; minimum 1 year in prison, possibility of longer sentences; minimum $1000 fine; possible indefinite license suspension; possible vehicle seizure
High BAC Penalties in Virginia
Anyone caught driving with a BAC of .08% or more is eligible for a DUI charge. However, the state also has special penalties for those caught with a “high” BAC, which is between .15% and .20%.
High BAC penalties are much steeper in the state.
First Offense
Minimum 5 days in jail, possibility of longer sentence; minimum $500 fine; license suspension for 12 months
Second Offense Within 5 Years
Minimum 30 days in jail, possibility of longer sentence; minimum $1000 fine; license suspension for up to 3 years
Second Offense Within 10 Years
Minimum 20 days in jail, possibility of longer sentence; minimum $1000 fine; license suspension for up to 3 years
For a BAC over .20%, penalties rise even more.
Tips for Avoiding a DUI Allegation
- Use a ridesharing service
- Use public transportation
- Always have a designated driver
- Always wear your seatbelt and obey traffic laws
- Keep an eye out for erratic drivers and stay away from them
- Limit your drinking and give yourself enough time before getting behind the wheel
Defending Yourself Against False DUI Accusations
Here are a few steps you can take if you're pulled over by the police and accused of DUI.
Remain calm and polite when speaking to the officer.
- Follow their instructions and don't resist.
- Stay silent. Anything you say or do can be used against you in court. You are within your rights to refuse roadside sobriety tests.
- Don’t resist. If you are innocent, you can fight the allegations in court. Acting out now will make matters worse.
- If you're charged with DUI, seek legal representation immediately. A skilled lawyer can help you understand the charges and guide your next steps.
Our firm is here to help you fight DUI accusations. To reach Andrew J. Cornick, Attorney at Law, contact us online or call our office at (540) 386-0204.