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Have you been charged with drunk and driving in Virginia and you are wondering what the penalty is in Virginia and need a lawyer to defend you?

As per Virginia Code § 18.2-266

“It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v)…”

Drunk And Driving

Are you concerned about the consequences of being charged with drunk and driving in Virginia and you are wondering what the penalty is in VA?

For a lot of our clients, a charge of drunk and driving can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of drunk and driving in Virginia.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

Hillar v. Commonwealth

Facts:

Defendant moved the Fairfax Court to dismiss the warrant charging him with 1st Offense of driving under the influence of alcohol (DUI) in violation of Va. Code Ann. § 18.2-266, on the ground that he had been twice placed in double jeopardy in violation of the Fifth Amendment because his operator’s license was administratively suspended for seven days pursuant to the results of a blood alcohol test following his DUI arrest…

If you are facing a drunk and driving case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 46.2-391.2 provides in part that if a breath test is taken pursuant to Va. Code Ann. § 18.2-268.2 or any similar ordinance of any county, city, or town and the results show a blood alcohol content of 0.08 percent or more by weight or by volume or 0.08 grams or more per 210 liters of breath, or the person refuses to submit to the breath test in violation of Va. Code Ann. § 18.2-268.3 or any similar local ordinance, and upon issuance of a warrant by the magistrate for a violation of Va. Code Ann. §§ 18.2-266 or 18.2-268.3, or any similar local ordinance, the person’s license shall be suspended immediately for seven days…

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Drunk And Driving

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.