Understanding DUI Laws in Virginia

The State of Virginia, along with city and county law enforcement, has a very aggressive attitude regarding the implementation of the DUI laws. In fact, Virginia has some of the nation’s harshest sentences for a DUI conviction. According to the Code of Virginia Section 18.2-266:

  • It is illegal for you to operate any motor vehicle if you have a blood alcohol concentration (BAC) of 0.08 or greater.
  • You are prohibited from operating a motor vehicle “..while … under the influence of any narcotic drug or any other self-administered intoxicant or drug…” defined as a controlled substance by the Drug Enforcement Administration, including medication that has been legally prescribed to you.
  • Your first conviction on a DUI charge can result in a fine of between $250 to $300, license suspension or restriction for one year, mandatory participation in an anti-driving while impaired program, and installation an ignition interlock device.
  • A second DUI conviction could lead to from one month to one year in jail if the second conviction occurred less than five years from the first offense. A minimum of 10 days in jail is imposed if the conviction occurred within five to 10 years from the first. There are also the usual license restrictions/revocation and ignition interlock provisions.
  • Penalties for a third DUI conviction get progressively worse, and you can expect to serve up to one year in jail and have your license revoked or restricted.

Additionally, there are special provisions in the DUI laws for BACs in those under the age of 21 and commercial drivers (0.04), refusing to take a chemical alcohol or drug test, and open containers. There can also be additional penalties if you are arrested for DUI and you have a passenger under the age of 17 in your vehicle or if you are convicted of DUI in Virginia and you are under the legal drinking age of 21. Also, if you are involved in an accident resulting in a fatality, you can be charged with a felony and face at least a year in jail.

Clearly, the laws of Virginia can be very confusing, and an arrest on the charge of violating the Virginia DUI laws can lead to a host of unpleasant consequences. It is, therefore, important that you obtain representation by an attorney with experience in handling DUI cases in the Virginia courts as soon as it is possible after your arrest.

A DUI attorney will review the circumstances of your arrest to make sure that you were not illegally detained and that every subsequent stage of your arrest was conducted in strict accordance with established principles of law.

Remember that the fundamental principles of our legal system state that anyone who is arrested on any criminal charge is assumed to be innocent until proven otherwise and that everyone is entitled to a fair and impartial trial.

To protect your legal rights after a DUI arrest, you should contact an experienced attorney to handle your case.

Do You Need A Personal Injury Lawyer?

Many people wonder if they need a personal injury lawyer after being involved in an accident.  The answer really depends on the severity and circumstances of the accident.

If the accident caused injuries it is always a good idea to consult with an experienced personal injury lawyer to ensure you fully understand any legal issues that may need to be considered.

It’s also important to remember that some injuries may not be immediately noticeable right after an accident.  Even if you do not immediately feel as though you were injured, it is a good idea to see a doctor for an examination, just to make sure.

Personal injury laws are complex and an experienced injury accident lawyer will be able to ensure your legal rights are protected.

A good personal injury lawyer can help handle all aspects of the aftermath of a serious accident.  Below are a few things they will be able to help you with after an accident:

  • First and foremost they will be able to advise what your legal rights are and if you are entitled to compensation for your injuries.
  • Most personal injury lawyers will be able to investigate the accident and determine exactly who or what caused the accident and what parties may be responsible.
  • They will be able to help arrange medical treatment and negotiate with medical facilities regarding charges.
  • Injury lawyers will negotiate with all insurance companies involved and will ensure your legal rights and well-being are protected.
  • If a fair and just settlement can not be reached out of court, a good injury attorney will prepare your case and take it to trial in an effort to ensure you are compensated according to current personal injury laws.

There are numerous other aspects of a personal injury case that a good injury lawyer will help with, but the bottom line is that you should definitely consult with a qualified injury lawyer as soon as possible after an accident.

Below are a few online resources that can help you understand personal injury laws, lawsuits and how to find a local personal injury lawyer:

Fatal Accident In Vancouver, WA


A Vancouver, WA man was killed when a BNSF Railway train smashed into his vehicle near Southeast Evergreen Highway around 9 p.m.

Police stated the man was 54 years old and a Vancouver area resident and multiple blunt force traumas were the cause of death.

It is unclear why the vehicle was on the train tracks causing the collision with the oncoming train.

This story was first reported in the Columbian.

Woman And Her Two Babies Survive Anaheim T-Bone Collision

A girl was rushed to a local hospital along with a newborn baby and a toddler after a vehicle struck the female’s car after running a red light at Euclid Street and Ball road this Thursday, according to police authorities.

Sgt. Daron Wyatt, the Anaheim police and fire department spokesman, announced that a black Honda Accord flew through the intersection at about 11 Thursday morning, and collided with the woman’s white Toyota Solara and an additional silver Honda Accord.

According to Sgt. Wyatt, the woman that was driving the white Solara sustained minor injuries but was required to be brought to a hospital as a trauma patient due to collision mechanics. He assured the children were not injured. The person driving the silver Accord also suffered minor injuries but was not transported to a hospital, he explained.

The man driving the black Honda Accord lost consciousness along with his female passenger. The cause of the incident is still being investigated, however, police are not convinced drugs or alcohol played a role in the collision. All the injuries victims received are considered non-life-threatening.

Have you suffered either emotional, physical, or financial hardship as a result of someone else’s negligent driving? You may be entitled to earn legal compensation with the help of an experienced Orange County car accident attorney. We are able to assist you in car accidents, motorcycle accidents, truck accidents, and more. Time is crucial, you cannot wait. California’s statute of limitation states that you have up to two years since the date of the accident to file a claim against another person, this window is significantly reduced to six months if you plan on pursuing legal action against the state or other government entity.

Guldjian & Fasel Law has successfully represented clients from Orange County for years.   Learn more about  Anaheim accidents and to schedule your free first-time legal consultation to sit with a professional legal representative who will determine whether your case can be successfully presented in a California court of law. Do not hesitate, you owe it to yourself to have someone fighting relentlessly for your rights.