DUI offenses in Prince William County VA are handled under §18.2-266 Virginia law. Various criteria are used by the law to determine if it was unlawful for the accused individual to have operated a vehicle. Police officers under the law can stop a driver as well as detain the person if they have a valid suspicion that the person was breaking the law.
Police officers can legally detain a suspect as long as there is probable cause for them to believe a crime may have been committed. The officer will conduct various observations and on-site field tests. Next, the suspected driver will go to a court hearing and have the choice to either hear their judgment or plead their case based on the evidence available. If this is a situation that you are currently faced with, then you can get help from a DUI Attorney in Prince William County.
In DUI cases, numerous factors are involved, which include the age of the accused driver, whether or not the DUI crime was compounded by other crimes, and the drugs the individual was influenced by at the time of the arrest.
A DUI, for example, cannot easily stand by itself if a driver is pulled over to the side of the road while intoxicated. However, there may be more severe penalties if the driver was noted to be driving under the influence that resulted in an accident where people were injured or were fatal. The minimum penalty likely will be imposed in the first situation, while the second case would likely result in the maximum penalty being administered.
When arrested, you will be informed of your right to refuse to take a breathalyzer test by a DUI attorney in Prince William County. However, “implied consent” is assumed under Virginia law. If you refuse to take this test when you are at the police station, it will result in you having committed a separate and added offense. There are also automatic penalties that come with an unreasonable refusal to take the breathalyzer test.
On your first offense under the DUI law, you will receive a one-year driver’s license suspension, but no jail time. If convicted, you will not be allowed to have a restricted license. If you have a second offense over the next ten years, then you will be faced with a 3-year suspension of your driver’s license and a jail sentence of at least 10 days. A third offense carries a jail sentence of at least 90 days and an extra 3-year suspension of your driver’s license.
If you have been charged with a DUI offense in Prince William County, VA it is critical to understand that under Virginia state law §18.2-266 on a first offense, penalties include a jail sentence of 5 days when your BAC is .15 to .20 and you had a passenger in your car who was under the age of 18 years old. When your BAC is greater than .20, your penalty is increased to a jail sentence of 10 days. Your license may also be suspended for one year. As well as having the possibility of being fined a minimum of $250, and be required to enroll in the Alcohol Safety Action Program of Virginia, and an ignition interlock device will be required to be installed on your vehicle.
A second offense carries a jail term of 20 days to 1 year. You could also be fined a minimum of $500. If you had a passenger in your vehicle under the age of 18 years old, then an additional 5 days will be added to the minimum jail term. Your fine could be increased up to $1,000 and your driving license could be suspended for up to 3 years.
The DUI attorney of Prince William County, VA has authorized the Ignition Interlock Device to be used. After a second offense, it is used under §18.2-266 of Virginia law. It is typically used in a majority of situations following a first offense when you want to obtain a restricted license.
An ignition interlock connects to your vehicle’s dash. The system checks the driver’s BAC (Blood Alcohol Content) before the car can be started. The actions taken by the driver are recorded in order to reduce any attempts at fraud or trying to get around the stops that have been instituted by the system.
An ignition interlock connects to your vehicle’s dash. The system checks the driver’s BAC (Blood Alcohol Content) before the car can be started. The actions taken by the driver are recorded in order to reduce any attempts at fraud or trying to get around the stops that the system has instituted.
You will most likely be required to the state’s Alcohol Safety Action Program on a first offense. The information program covers the use and abuse of substances along with the dangers that are bridged to driving while intoxicated. If you refuse to complete the program, you will be violating your probation and could be faced with additional jail time, suspension, and fines.
If you have been charged with a DUI in Prince William County, VA, there are DWI attorneys in Prince William County that are available to contest to ensure your rights are protected as well as ensuring a fair trial and favorable verdict. Call our office today to schedule your free consultation with Jad Sarsour.
Your DUI attorney in Prince William County will want the type of vehicle that you were driving at the time of your arrest. It is very important to be aware that it is not only standard motor vehicles, such as trucks and cars, that §18.2-266 consider.
Under §18.2-266, All-Terrain Vehicles, trains, and other types of vehicles with engines, along with some dirt bikes also are defined as being motor vehicles. The law also specifically states that similar regulations are also applied to mopeds. This signifies that when a smaller vehicle is driven, you will not be able to avoid laws governing using the state’s roadways.
When reading §18.2-266, you will notice that anyone with higher than 0.08 BAC will be presumed to have driven under the influence of alcohol. A police officer will administer a breathalyzer test in order to determine the BAC level of the driver for obtaining probable cause.
A person charged with a DUI can refuse to take a breathalyzer test, but an officer can still arrest the person if other field tests are failed by the suspect. The following are some other field tests that can be conducted:
Generally speaking, police officers can conduct as many field tests they think necessary to determine whether or not a driver was driving under the influence of alcohol. When a test is failed it could help establish probable cause and result in the arrest of the person.
Under §18.2-266 (ii), it is lawful for an individual to drive when they are under the influence of alcohol, whatever amount of alcohol is consumed. Under Section §18.2-266 (iii), the unlawfulness is extended under the influence of all narcotic, self-administered drugs.
Section §18.2-266 (iii) also states that using a combination of drugs is unlawful when they are likely to produce similar results, even if only used one of these drugs would have been insufficient to produce a response. Whenever any of these have been committed in Prince William County in the state of Virginia, it could result in you facing a DUI charge and you may need assistance from a DUI attorney.