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Driving While Intoxicated (DUI/DWI)

Driving under the influence (DUI), also commonly referred to as driving while intoxicated (DWI), is an extremely complex area of the law. If you or a loved one have been charged with DUI/DWI then you should seek an attorney with experience and a solid foundation of knowledge of the laws concerning DUI/DWI. The traffic lawyers at Goff Voltin, PLLC have handled numerous cases of DUI/DWI and have spent countless hours pouring over the complex code to better understand the intricacies of the laws which prohibit DUI/DWI.

  1. Simply put, DUI/DWI is the operation of a motor vehicle while under the influence of an intoxicating substance.  Typically, people associate drinking alcohol with DUI/DWI, but there are other drugs and intoxicating substances which may lead to a charge of DUI/DWI.  The actual offense of DUI/DWI is the driving or operation of a motor vehicle (car, motorcycle, ATV, riding lawn mower, etc.) while:
  • (1) having a blood alcohol concentration (BAC) of 0.08 grams or more per 210 liters; OR
  • (2) being under the influence of alcohol, narcotic, intoxicant, or drug to a degree which impairs the driver’s ability to operate the motor vehicle; OR
  • (3) having a blood concentration of any of the following substances at a level that is equal to or greater than:
    • 0.02 milligrams of cocaine per liter of blood;
    • 0.1 milligrams of methamphetamine (commonly referred to as “meth”) per liter of blood;
    • 0.01 milligrams of phencyclidine (commonly referred to as “PCP” or “angel dust”) per liter of blood; or
    • 0.1 milligrams of 3,4-methylenedioxymethamphetamine (commonly referred as “MDMA” or “ecstacy”) per liter of blood.
  • A first offense DUI/DWI is punished as a Class 1 misdemeanor and carries the possibility of up to 12 months in jail and/or a $2,500 fine. There are also additional penalties such as a loss of license, but you should consult with an traffic attorney at Goff Voltin to discuss further.
  • Please note that there are also additional penalties depending on the level of intoxication and the prior criminal record of the accused.  The traffic attorneys at Goff Voltin will thoroughly explain whether these heightened punishments would apply to your situation.

VIRGINIA CODE: http://law.lis.virginia.gov/vacodefull/title18.2/chapter7/article2/

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