How is DWI/DUI/Drunk Driving Defined Under Virginia Law?
In Fairfax County and Northern Virginia (as in all of Virginia), DWI and DUI are defined by code section 18.2-266. Under this code section, a DWI or DUI can be proven a number of ways including:
- evidence of a blood alcohol concentration (BAC) of 0.08 percent or more; or
- evidence that a person is “under the influence” of alcohol
- evidence that person is “under the influence” of any narcotic drug
- evidence that a 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.
In addition to one of the above factors, the Commonwealth Attorney (prosecutor) must prove the defendant did “drive or operate any motor vehicle.” It is important to note that Virginia appellate courts have defined “operate” extremely broadly. For example, even if a person is sleeping behind the wheel on the side of the road, they are deemed to be operating the vehicle if the ignition is in the on position.
There are numerous other elements of a DWI/DUI case that the prosecutor must establish, such venue, identification, and the foundational elements to establish the admissibility of the blood or breath tests. An experienced Fairfax & Northern Virginia DWI/DUI traffic defense attorney can evaluate your specific case based upon these factors.
What Will Happen to My License if I am Convicted of DWI/DUI/Drunk Driving in Virginia?
The answer to this question depends largely on the facts and circumstances of your individual case, including your blood alcohol level (BAC), whether it is a first or subsequent offense, and whether there are any aggravating circumstances present. For a detailed chart of the mandatory suspensions periods, see the DWI/DUI Penalties & Punishments page.
If the case is a standard DWI/DUI, with a BAC below .15, generally your license will be suspended for 12 months; however, the Fairfax County or Northern Virginia judge will most likely grant restricted driving privileges that cover driving to and from school, work, medical appointments, etc. For higher BACs and second or subsequent offenses, there will likely be some period of licenses loss where there are no restricted driving privileges. An experienced DWI lawyer can evaluate the specific facts of your case and better advise you concerning your specific situation.
What Will Happen When a Person Under 21 Years Old Is Arrested for DWI/DUI in Virginia?
Persons under 21 who are stopped for drinking and driving can be charged with a standard DWI/DUI (under code section 18.2-266), just as another person can. However, the officer also has the option of charging the driver under code section 18.2-266.1, often referred to a “baby DUI” which makes it “unlawful” for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol and having a blood alcohol concentration of 0.02 percent or more.
A violation of this section is a Class 1 misdemeanor. Punishment includes (i) a 12 month loss of license and (ii) a mandatory minimum fine of $500 or performance of a mandatory minimum of 50 hours of community service.
What Will Happen If I Get Caught Driving In Violation of The License Suspension I Received in My DWI Case In Virginia?
Driving in violation of a license that was revoked or restricted in a DWI or DUI case is an offense that is taken very seriously by Fairfax & Northern Virginia judges and prosecutors. In fact, you are facing more significant consequences then you were when you were initially facing only a DWI charge.
The offense of driving on a revoked driver’s license is most commonly charged under Va. Code 18.2-272. However, it can also be charged as Va. Code 46.2-301 or 46.2-300. If certain other factors are present, the offense can be charged as a felony under 46.2-391. This offense is punishable, among other things, by up to 5 years in prison with a 1 year mandatory minimum jail sentence.
When charged with driving on a revoked license, you not only face the jail, fine, and license suspension associated with the new charge, but you will face a probation violation on the underlying DWI. Many Fairfax County and Northern Virginia judges routinely sentence defendants to active incarceration for driving on a revoked license. This conduct and/or conviction will be considered a violation of your probation on the underlying DWI/DUI charge. As a result, the judge in that case can revoke (impose) any time that was suspended on your underlying DWI/DUI.
For additional information, review our DWI/DUI pages for additional information including DWI penalties and DWI defenses.
Contact an Experienced Fairfax County & Northern Virginia DWI/DUI Defense Attorney
Call for a free consultation today if you have been charged with DWI/DUI/drunk driving or refusal in Fairfax County or Northern Virginia. Manikas Law LLC is located in Fairfax, Virginia. Contact us today by calling 703-873-7473. For toll-free assistance, call 888-503-8075.
