Virginia DUI FAQ
For many of Virginia’s drivers, a DUI charge is the first run-in with the criminal courts. Therefore, you probably have many questions regarding your pending DUI case. The first thing you should do is contact the professional law firm of Boone Beale to help you with your case and plan your defense. Many people think that hiring a lawyer is a waste of time because they’ll probably be convicted of DUI. This couldn’t be further from the truth. Even if you think there is no hope to win, we can help. Here are some of the common questions we receive. We hope these answers will help you during this difficult process.
My blood alcohol content was over the legal limit of .08%. Am I automatically guilty of DUI?
In short, no. There are many factors that surround the test results of your BAC. For instance, if you were given a blood test, was it properly taken by a qualified medical professional? If you were given a breath test, was the machine working properly? Was the officer trained to use this specific machine? If we find any of these factors to be true in your case, your BAC test results may be inadmissible in court.
What penalties am I facing?
If convicted of a first offense DUI, you will face a fine of at least $250 and your license will be revoked for 1 year. The judge may also sentence you to jail, probation, community service, order an ignition interlock system to be installed in your vehicle and even confiscate your vehicle. The state also requires you to enroll in the Alcohol Safety Action Program. Court is also not the only place you can face penalties. You may have travel limitations including foreign counties like Canada, lose your job and have insurance coverage problems. You will be convicted of a Class I misdemeanor for a first offense.
How can I be convicted of DUI in Virginia?
There are two ways. The prosecution may try to prove that you were in violation of the “per se” law, which means that you simply were over the legal limit of .08%. This means you don’t necessarily have to be drunk to be convicted of DUI. Another way is if the prosecution can prove that your poor driving habits and/or failure of field sobriety testing was a result of drinking and driving.
You should contact our law firm immediately to discuss the specifics of your case.
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