If you have never been nabbed for drunk driving (DWI/DUI) in Virginia, then you might not know that driving while intoxicated/under the influence of alcohol or drug (this may be a prescription medication or “street drug”) is not just a traffic violation, but rather a serious criminal offense. (It is a Class 1 misdemeanor-one step below a felony!)
This classification of crime is understandable when you take into account that one out of ten people in this country will be involved in an alcohol-related automobile accident during their lives.
In fact, automobile accidents caused by alcohol-related impairment happen every 2 minutes in this country and deaths occur on an average of every 32 minutes.
But what is drunk driving and what are the requirements of such a criminal charge in Virginia?
Drunk driving or driving while intoxicated in Virginia is generally defined as operating a motor vehicle with a blood alcohol concentration of 0.8% or higher.
If you are pulled over for any sort of traffic violation and the officer suspects that you could be under the influence of alcohol, you will likely be asked to perform one or more field sobriety tests (or FSTs) and provide a breath sample for a preliminary breath test (PBT). (Most people don’t know this, but you are under no legal requirement to attempt or complete any of these tests!)
However, if the Virginia police officer places you under arrest for Driving While Intoxicated, then you are required to submit a breath sample in the presence of a qualified and certified breath test operator. (Unlike in years past, you cannot choose to skip the breath machine (known as the Intoxilyzer) and request that your blood be drawn for analysis.)
If you unreasonably refuse to submit a breath sample, then you will be charged with a separate offense of “unreasonable refusal,” which carries penalties in addition to those of DWI.
Another penalty you face if charged with DWI, involves an “administrative license suspension” for 7 days. This means that you are walking for a week if you are charged with DWI in Virginia.
None of these penalties are fun, but all can be avoided if you take a cab or sleep it off.
If you find yourself charged with a DWI/DUI in Manassas, Warrenton or Wooodbridge, Prince William County or Fauquier County, Virginia, please visit the Parrish Law Firm website for free information related to your charge. Please let us know if we can be of assistance.
Monday, November 10, 2008
Virginia’s DMV “Demerit” Point System
Every state in America, including Virginia, uses a “demerit” point system as a method of penalizing drivers for any kind of traffic violation. Repeated offenses can result in an administrative suspension of one’s driver’s license. However the Virginia’s DMV also awards safe driving points, which will offset demerit points.
You have surely heard about the point system prevailing in Virginia, as in other states of the country. Perhaps the details of the Virginia point system and its significance to your driving record are not too clear. This short article aims to familiarize you with the laws related to the point system prevailing in Virginia.
You already know that “demerit” point system implemented and monitored by the Virginia Department of Motor Vehicles (DMV), is designed to keep track of drivers’ traffic offenses.
All traffic violations committed in Virginia are punishable any one or more of the following: fines, license confiscation/ revocation/suspension, jail sentences, court costs, and points against your driving record.
When you are convicted of violating traffic rules, the courts send such information to the DMV, which then allots points to your driving record.
Points, called ‘demerit’ points, will typically remain on your driving record for years to come.
Of course, too many points can result in your license being suspended, insurance rates being hiked up and the court may even decide that you need to attend a drivers’ skill refresher course.
So what happens when you are a law-abiding citizen and follow every traffic rule that is there in the books?
You get rewarded with safe driving points!
If you have maintained a blemish-free driving record for one full calendar year, then you get awarded with one safe driving point (up to a maximum of 5).
These safe-driving points will offset your demerit points.
An example of this offset is as follows:
Suppose you commit a traffic violation and get three demerit points; however, you already have one safe driving point on your record. The end result is that you offset the 3 demerit points with your 1 safe driving point and have only two demerit points on your license.
This is surely welcome as you can immediately offset your once-in-a-while bad road behavior with your law-abiding past.
To know which traffic violations entitle you to what kind of points and the duration of time that the convictions stay on your driving record, you can go to the Virginia DMV website.
Some common traffic offenses and their related demerit points are:
-3 points are assigned to offenses like violation of left turn on red, improper U-turn, improper passing or speeding 1-9 mph beyond the speed limit.
-offenses including using improper signals, following too closely, failure to yield right-of-way, driving 10-19 MPH over the speed limit carry 4 points.
-reckless driving generally carries a penalty of 6 points!
If you are charged with such a DWI/DUI offense or other traffic law violation in Manassas, Woodbridge, Warrenton or other city or county in Virginia, then contact and retain an experienced Virginia Traffic Court attorney to represent your interests. Also, please visit the Parrish Law Firm website for a free Special Report about DWI/DUI and reckless driving laws.
You have surely heard about the point system prevailing in Virginia, as in other states of the country. Perhaps the details of the Virginia point system and its significance to your driving record are not too clear. This short article aims to familiarize you with the laws related to the point system prevailing in Virginia.
You already know that “demerit” point system implemented and monitored by the Virginia Department of Motor Vehicles (DMV), is designed to keep track of drivers’ traffic offenses.
All traffic violations committed in Virginia are punishable any one or more of the following: fines, license confiscation/ revocation/suspension, jail sentences, court costs, and points against your driving record.
When you are convicted of violating traffic rules, the courts send such information to the DMV, which then allots points to your driving record.
Points, called ‘demerit’ points, will typically remain on your driving record for years to come.
Of course, too many points can result in your license being suspended, insurance rates being hiked up and the court may even decide that you need to attend a drivers’ skill refresher course.
So what happens when you are a law-abiding citizen and follow every traffic rule that is there in the books?
You get rewarded with safe driving points!
If you have maintained a blemish-free driving record for one full calendar year, then you get awarded with one safe driving point (up to a maximum of 5).
These safe-driving points will offset your demerit points.
An example of this offset is as follows:
Suppose you commit a traffic violation and get three demerit points; however, you already have one safe driving point on your record. The end result is that you offset the 3 demerit points with your 1 safe driving point and have only two demerit points on your license.
This is surely welcome as you can immediately offset your once-in-a-while bad road behavior with your law-abiding past.
To know which traffic violations entitle you to what kind of points and the duration of time that the convictions stay on your driving record, you can go to the Virginia DMV website.
Some common traffic offenses and their related demerit points are:
-3 points are assigned to offenses like violation of left turn on red, improper U-turn, improper passing or speeding 1-9 mph beyond the speed limit.
-offenses including using improper signals, following too closely, failure to yield right-of-way, driving 10-19 MPH over the speed limit carry 4 points.
-reckless driving generally carries a penalty of 6 points!
If you are charged with such a DWI/DUI offense or other traffic law violation in Manassas, Woodbridge, Warrenton or other city or county in Virginia, then contact and retain an experienced Virginia Traffic Court attorney to represent your interests. Also, please visit the Parrish Law Firm website for a free Special Report about DWI/DUI and reckless driving laws.
Saturday, November 8, 2008
License Suspension, Virginia Alcohol Safety Action Program, Ignition Interlock and more – Welcome to the Aftermath of DWI/DUI in Virginia!
One of the first things that hits you, after the alcohol in the blood has subsided, is that your driver’s license will be suspended for one year if you are convicted under the strict DUI/DWI laws of Virginia.
However, you are free to request the court for a restricted license, but the granting of such is at the discretion of the presiding Judge.
So what is a restricted license?
This type of license allows you to move around in a limited manner, rather than completely stopping you from driving your car.
For instance, with a restricted license, you can commute to and from work, as well as drive around during working hours (if the trip is related to work and you have a note from your boss or some other confirmation of purpose (exactly what you want to ask your boss for , right?)).
With a restricted Virginia driver’s license, you are also able to drive to/from the Virginia Alcohol Safety Action Program and other court ordered probation activities.
A restricted license will permit you to drive to and from school, medical care and to transport your children to/from the same kinds of things.
If you are convicted of DWI/DUI with blood alcohol concentration of .15 or greater, then your restricted license will be contingent upon an ignition interlock system being installed in your car.
This system automatically records the driver’s BAC through a breath analyzer every time the car is started. The driver also has to blow into the breath analyzer every 5 to 20 minutes and pay a monthly fee for the device(more fun, right?).
If you are charged with such a DWI/DUI offense in Manassas, Woodbridge, Warrenton, Culpeper, or other city or county in Virginia, then contact and retain a qualified Virginia DWI Attorney to handle your case.
Also, please visit the Parrish Law Firm website for a free Special Report about DWI/DUI law.
However, you are free to request the court for a restricted license, but the granting of such is at the discretion of the presiding Judge.
So what is a restricted license?
This type of license allows you to move around in a limited manner, rather than completely stopping you from driving your car.
For instance, with a restricted license, you can commute to and from work, as well as drive around during working hours (if the trip is related to work and you have a note from your boss or some other confirmation of purpose (exactly what you want to ask your boss for , right?)).
With a restricted Virginia driver’s license, you are also able to drive to/from the Virginia Alcohol Safety Action Program and other court ordered probation activities.
A restricted license will permit you to drive to and from school, medical care and to transport your children to/from the same kinds of things.
If you are convicted of DWI/DUI with blood alcohol concentration of .15 or greater, then your restricted license will be contingent upon an ignition interlock system being installed in your car.
This system automatically records the driver’s BAC through a breath analyzer every time the car is started. The driver also has to blow into the breath analyzer every 5 to 20 minutes and pay a monthly fee for the device(more fun, right?).
If you are charged with such a DWI/DUI offense in Manassas, Woodbridge, Warrenton, Culpeper, or other city or county in Virginia, then contact and retain a qualified Virginia DWI Attorney to handle your case.
Also, please visit the Parrish Law Firm website for a free Special Report about DWI/DUI law.
Wednesday, November 5, 2008
Virginia DWI/DUI Penalties are Harsher than You Think
The following is an all too familiar scenario in Virginia:
You are returning home after attending a party. Many close friends and family members had gathered and you were enjoying every moment of the evening.
At the beginning of the party, you were drinking slowly as you knew you had to drive back home.
But something changed about mid-way through-you lost control.
Before you knew it, the fun and laughter carried you away.
You overdid the drinking part and though you felt that you could safely drive back home, the authorities caught up with you at the intersection just ahead of your house.
Now, you find yourself in the back of a police cruiser, handcuffed and humiliated and wonder “what’s next?”
Well, in case you did not know, the Virginia DWI/DUI laws and associated penalties are tough!
The following is a list of what persons charged with a first offense DWI/DUI face:
-Your license is suspended for 1 year from the date of conviction.
-You face up to $2500 in fines, plus Court costs.
-You have to pay for, enroll in and successfully complete the Virginia Alcohol Safety Action Program (where you are subject to random drug/alcohol tests and have to pay about $300 for the course).
-If your BAC (Blood Alcohol Concentration) is greater than 0.15 but less than 0.20, it is compulsory for you to serve at least a 5-day jail sentence.
-If your BAC is more that 0.20, then the jail sentence is a minimum of 10 days.
If you this is not your first offense of DWI/DUI, then you face additional penalties such as:
-Potential Class 6 Felony on your permanent record.
-Minimum 20 days of mandatory minimum jail sentence.
-Up to three years of license suspension.
-Permanent loss of your vehicle.
If you are convicted of DWI/DUI while transporting a minor in the car, you could be sentenced with an additional $500 to $1000 in fines and a minimum of 5 days in jail.
By the way, I haven't even mentioned the costs of a good DWI lawyer or the exorbitant insurance rates you will be paying.
Remember-all of these penalties, costs and inconveniences can be avoided by simply taking a cab, having your sober friend drive you home or staying the night at the home of the party host.
If you find yourself charged with a DWI/DUI in Manassas, Warrenton or Wooodbridge, Prince William County or Fauquier County, Virginia, please visit the Parrish Law Firm website for free information related to your charge.
Please let us know if we can be of assistance.
You are returning home after attending a party. Many close friends and family members had gathered and you were enjoying every moment of the evening.
At the beginning of the party, you were drinking slowly as you knew you had to drive back home.
But something changed about mid-way through-you lost control.
Before you knew it, the fun and laughter carried you away.
You overdid the drinking part and though you felt that you could safely drive back home, the authorities caught up with you at the intersection just ahead of your house.
Now, you find yourself in the back of a police cruiser, handcuffed and humiliated and wonder “what’s next?”
Well, in case you did not know, the Virginia DWI/DUI laws and associated penalties are tough!
The following is a list of what persons charged with a first offense DWI/DUI face:
-Your license is suspended for 1 year from the date of conviction.
-You face up to $2500 in fines, plus Court costs.
-You have to pay for, enroll in and successfully complete the Virginia Alcohol Safety Action Program (where you are subject to random drug/alcohol tests and have to pay about $300 for the course).
-If your BAC (Blood Alcohol Concentration) is greater than 0.15 but less than 0.20, it is compulsory for you to serve at least a 5-day jail sentence.
-If your BAC is more that 0.20, then the jail sentence is a minimum of 10 days.
If you this is not your first offense of DWI/DUI, then you face additional penalties such as:
-Potential Class 6 Felony on your permanent record.
-Minimum 20 days of mandatory minimum jail sentence.
-Up to three years of license suspension.
-Permanent loss of your vehicle.
If you are convicted of DWI/DUI while transporting a minor in the car, you could be sentenced with an additional $500 to $1000 in fines and a minimum of 5 days in jail.
By the way, I haven't even mentioned the costs of a good DWI lawyer or the exorbitant insurance rates you will be paying.
Remember-all of these penalties, costs and inconveniences can be avoided by simply taking a cab, having your sober friend drive you home or staying the night at the home of the party host.
If you find yourself charged with a DWI/DUI in Manassas, Warrenton or Wooodbridge, Prince William County or Fauquier County, Virginia, please visit the Parrish Law Firm website for free information related to your charge.
Please let us know if we can be of assistance.
Virginia DWI Laws – Know Them and Drink Responsibly
Drinking and driving are not the best of friends. Laws against drinking and driving are strict in every state, especially Virginia, in order to prevent accidents and injuries on the road.
Here is a glimpse of some of the alcohol-related laws in Virginia, where you can be arrested and charged with DWI/DUI if:
-You are caught driving with a blood alcohol concentration level of .08 or more.
-You show signs and symptoms, which clearly indicate to a law enforcement officer that you have had one too many. This means that your manner, disposition, speech, muscle movement and overall appearance are significantly altered by the influence of alcohol.
-You drive after drinking or consuming any intoxicant (drug) either singly or in combination with alcohol to the extent that it retards your ability to drive.
-The following concentration of intoxicants is found in your blood - .02 milligrams of cocaine per liter of blood; 0 .01 milligrams of phencyclidine (PCP) per liter of blood; 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood
-You are below 21 years of age, and have a blood alcohol concentration of .02 or greater.
It is important to note that if the Virginia law enforcement authorities have arrested you for drunk driving (DWI/DUI), then you do not have the absolute right to ask for a blood test (which is a change from years past when you had the choice between a blood or breath test).
Additionally, if the apprehending law enforcement officer charges you with DWI/DUI and you refuse to take the breath test, then you face the additional charge of “unreasonable refusal.” This charge carries the potential for more fines and associated penalties, including loss of your license for one year without the possibility of obtaining a restricted permit to drive to and from work.
So, the next time you think about getting behind the wheel in a state of inebriation, remember all the penalties you face. Also, please remember that you could seriously hurt yourself or an unsuspecting victim. It is important to realize that nearly one-third of all serious Virginia traffic accidents involve a driver with a blood alcohol content beyond the legal limit.
Don't drink and drive!
Here is a glimpse of some of the alcohol-related laws in Virginia, where you can be arrested and charged with DWI/DUI if:
-You are caught driving with a blood alcohol concentration level of .08 or more.
-You show signs and symptoms, which clearly indicate to a law enforcement officer that you have had one too many. This means that your manner, disposition, speech, muscle movement and overall appearance are significantly altered by the influence of alcohol.
-You drive after drinking or consuming any intoxicant (drug) either singly or in combination with alcohol to the extent that it retards your ability to drive.
-The following concentration of intoxicants is found in your blood - .02 milligrams of cocaine per liter of blood; 0 .01 milligrams of phencyclidine (PCP) per liter of blood; 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood
-You are below 21 years of age, and have a blood alcohol concentration of .02 or greater.
It is important to note that if the Virginia law enforcement authorities have arrested you for drunk driving (DWI/DUI), then you do not have the absolute right to ask for a blood test (which is a change from years past when you had the choice between a blood or breath test).
Additionally, if the apprehending law enforcement officer charges you with DWI/DUI and you refuse to take the breath test, then you face the additional charge of “unreasonable refusal.” This charge carries the potential for more fines and associated penalties, including loss of your license for one year without the possibility of obtaining a restricted permit to drive to and from work.
So, the next time you think about getting behind the wheel in a state of inebriation, remember all the penalties you face. Also, please remember that you could seriously hurt yourself or an unsuspecting victim. It is important to realize that nearly one-third of all serious Virginia traffic accidents involve a driver with a blood alcohol content beyond the legal limit.
Don't drink and drive!
The Shocking Truth About Reckless Driving Speeding in Virginia
Richmond, VA DWI/DUI attorney Bob Battle has recently published his newest book, The Shocking Truth About Reckless Driving and Speeding in Virginia. and I want to congratulate him on providing this information to consumers.
As a fellow DWI/traffic attorney practicing in Prince William County, Manassas, Warrenton and other Northern Virginia cities and counties, I can tell you that traffic court is a very serious place.
If convicted of reckless driving, DWI/DUI or some other significant driving offense, you face huge fines, jail time and required completion of programs like VASAP and aggressive driving course.
Bob Battle's new book provides a great deal of eye-opening information about the long lasting effects of a conviction of criminal traffic offenses, including their impact on security clearances and employment possibilities.
If you have been charged with reckless driving, DUI, DWI or (very high speed) speeding in the Richmond, Virginia area, you need to check out Battle's website before making a decision about a traffic lawyer to handle your case.
I know that I will be referring folks to him who have the need for an experienced Richmond lawyer and I will also have his new book on my shelf to give out to my clients as well.
Thanks for great information Bob!
As a fellow DWI/traffic attorney practicing in Prince William County, Manassas, Warrenton and other Northern Virginia cities and counties, I can tell you that traffic court is a very serious place.
If convicted of reckless driving, DWI/DUI or some other significant driving offense, you face huge fines, jail time and required completion of programs like VASAP and aggressive driving course.
Bob Battle's new book provides a great deal of eye-opening information about the long lasting effects of a conviction of criminal traffic offenses, including their impact on security clearances and employment possibilities.
If you have been charged with reckless driving, DUI, DWI or (very high speed) speeding in the Richmond, Virginia area, you need to check out Battle's website before making a decision about a traffic lawyer to handle your case.
I know that I will be referring folks to him who have the need for an experienced Richmond lawyer and I will also have his new book on my shelf to give out to my clients as well.
Thanks for great information Bob!
Speed and Alcohol – Two Great Contributors To Virginia Motorcycle Accidents
Quite a deadly combination – love for speed and love for alcohol. Drunk driving is a serious criminal offense in Virginia with penalties in the form of high fines and long jail sentences.
Motorcycle accidents in Virginia do not happen always because of mechanical failures or bad roads.
In actuality, two of the most significant reasons why motorcycle crashes take place, include operating bikes under the influence of alcohol/drugs and at excessive rates of speed.
After a 6-year study of Virginia fatal crashes, statistics reveal that nearly 30% of all motorcycle crashes in Virginia occurred because of the influence of alcohol. These sobering statistics should be enough to make drivers think twice about drinking and driving.
Of course, there are also strict laws in Virginia against drunk driving, where it is illegal to operate a motorcycle under the influence of alcohol or with a blood alcohol content of 0.8% or more. In fact, the first time you are convicted of DWI/DUI, you face fines of up to $2500 and/or 1 year in jail. Also, your license will be suspended for 1 year and you will be required to attend the Virginia Alcohol Safety Action Program, as well as other court ordered activities such as a Victim Impact Panel.
Watching a motorcycle, which vrooms past is a thrill for riders and watchers alike, provided the rider is experienced and can handle the speed. However, if you are trying to imitate your celebrity hero, admired on screen for his riding stunts (after umpteen takes and re-takes), think again.
It has been seen time and again that alcohol and speed make strange bedfellows. Since alcohol slows down reaction time, you are prone to make critical mistakes in your judgmental skills. While sober, you might be an expert rider, but with alcohol in your blood, your vision, skill to manage emergency situations, etc., get seriously impaired. So if you enjoy a drink as well as your motorcycle – keep them apart, so that you can have a good time with both.
Drive safe.
If you are charged with such a DWI/DUI offense in Manassas, Woodbridge, Warrenton or other city or county in Virginia, then contact and retain an experienced Virginia DWI Attorney to represent your interests.
Also, please visit the Parrish Law Firm website for a free Special Report about DWI/DUI law.
Motorcycle accidents in Virginia do not happen always because of mechanical failures or bad roads.
In actuality, two of the most significant reasons why motorcycle crashes take place, include operating bikes under the influence of alcohol/drugs and at excessive rates of speed.
After a 6-year study of Virginia fatal crashes, statistics reveal that nearly 30% of all motorcycle crashes in Virginia occurred because of the influence of alcohol. These sobering statistics should be enough to make drivers think twice about drinking and driving.
Of course, there are also strict laws in Virginia against drunk driving, where it is illegal to operate a motorcycle under the influence of alcohol or with a blood alcohol content of 0.8% or more. In fact, the first time you are convicted of DWI/DUI, you face fines of up to $2500 and/or 1 year in jail. Also, your license will be suspended for 1 year and you will be required to attend the Virginia Alcohol Safety Action Program, as well as other court ordered activities such as a Victim Impact Panel.
Watching a motorcycle, which vrooms past is a thrill for riders and watchers alike, provided the rider is experienced and can handle the speed. However, if you are trying to imitate your celebrity hero, admired on screen for his riding stunts (after umpteen takes and re-takes), think again.
It has been seen time and again that alcohol and speed make strange bedfellows. Since alcohol slows down reaction time, you are prone to make critical mistakes in your judgmental skills. While sober, you might be an expert rider, but with alcohol in your blood, your vision, skill to manage emergency situations, etc., get seriously impaired. So if you enjoy a drink as well as your motorcycle – keep them apart, so that you can have a good time with both.
Drive safe.
If you are charged with such a DWI/DUI offense in Manassas, Woodbridge, Warrenton or other city or county in Virginia, then contact and retain an experienced Virginia DWI Attorney to represent your interests.
Also, please visit the Parrish Law Firm website for a free Special Report about DWI/DUI law.
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