Virginia DUI and DWI Frequently Asked Questions
What is the difference between DUI and DWI?
The acronyms DUI (driving under the influence) and DWI (driving while impaired / intoxicated) refer to the illegal act of operating a motor vehicle while under the influence of drugs or alcohol. While a number of states do distinguish between DUI and DWI (typically with DWI being the more serious offense), under Virginia DUI laws, there is no difference between the two terms. Both are considered Class 1 misdemeanors with the first two convictions within a 10-year period, and Class 6 felonies thereafter.
What are some relevant drunk driving statistics?
According to the National Highway Traffic Safety Administration (NHTSA), 44 percent of all Virginia traffic fatalities in 2008 were alcohol-related, while 36 percent involved a driver with a blood alcohol content (BAC) above the legal limit of 0.08 percent. These drunk driving statistics in Virginia were slightly higher than the national rates. Thirty-seven percent of all traffic fatalities were alcohol-related, and 32 percent of all traffic fatalities involved a driver with a BAC above the legal limit.
What are the penalties for teenage drunk driving in Loudoun County?
Consumption of any alcohol for anyone under 21 years old is illegal throughout the nation, although the penalties do vary from state to state. In Virginia, DUI law states that any type of teenage drunk driving is considered a Class 1 misdemeanor. If someone underage is discovered to be driving with a BAC between 0.02 and 0.08 percent, he or she faces the possiblity of a fine of up to $500 and other sanctions including a license suspension.
Those under 21 who are found with a BAC of 0.08 percent or higher face the same drunk driving charges and penalties as those who are of age.
What are some effects of drunk driving charges on my record and on my life?
A drunk driving charge will only affect you if you are convicted. Aside from facing whatever penalties are imposed along with a conviction, you may also be required to purchase a Virginia SR22 insurance policy before you may drive again. The SR22 insurance policies are high-risk, and therefore will cost significantly more on a monthly basis. You should make this purchase only through an insurance agency that is authorized to sell high-risk SR22 policies in order to ensure that you are being properly covered.
Will I lose my license if convicted of a DUI or DWI?
If you are convicted of a DUI in Virginia, your license will be suspended for 12 months on a first offense. If you are convicted of another DUI within ten years, you would lose your license for up to three years. The penalties get steeper with subsequent offenses, including indefinite license suspension. An experienced DWI lawyer like Loudoun County-based Caleb Kershner can help you deal with your license suspension, and may be able to help you procure a restricted license during that time.
Contact the Law Office of Caleb Kershner, LLC today
Mr. Kershner offers free telephone consultation for DUI and DWI criminal cases. Contact the Law Office of Caleb Kershner, LLC for quality legal counsel. The firm represents clients in Loudoun County towns such as Leesburg and Sterling, and throughout Northern Virginia.
The Law Office of Caleb Kershner represents clients throughout Northern Virginia, including: Leesburg, Sterling and the surround areas of Loudon County as well as Clark County, Frederick County, Fairfax County & Prince William County.
