Virginia DUI FAQ's
When you are accused of a DUI, you may have some questions. Below are some of the more frequently asked questions about drunk driving. If you do not see an answer to your question or if you want to ask a question of your own, call Attorney Michael C. Tillotson for a consultation.
What is a DUI?
DUI, or Driving Under the Influence, laws prohibit driving a vehicle while intoxicated. In Virginia, any person with a blood alcohol concentration (BAC) over .08% who is caught operating a motor vehicle may be charged with DUI. Additionally, driving while under the influence of certain drugs (even prescription) may be deemed a DUI. DUI may also be referred to as Driving While Intoxicated (DWI) and Operating While Intoxicated (OWI).
Drunk driving offenses:
- Operating a vehicle after consuming any amount of alcohol which causes an impairment of your physical abilities.
- Driving with blood alcohol content of .08 or higher regardless of whether your ability to drive is impaired.
- Operating a vehicle after taking drugs or a combination of drugs and alcohol. When drugs cause any impairment in your physical abilities, you may be guilty of a DUI - even if the drugs taken are legal, over-the-counter medications such as antihistamines, or medications you have a prescription to take.
Police or patrolmen must have “reasonable suspicion,” based on unusual or erratic driving behavior. Because there are very low standards for “unusual” driving behaviors, you may be pulled over for something simple, everyday inconsistencies. In addition, if you encounter a field sobriety checkpoint, you may be stopped or investigated before the officer observes anything suspicious about your driving behavior.
What happens if I am pulled over for drunk driving investigation?
When an officer stops pulls you over, you will be asked for your drivers’ license and registration. You may also be asked additional questions such as “Do you know how fast you were going?” or “Have you been drinking tonight?”
Remember, that if you are stopped, you should always be well-mannered and cooperative even if you have not had anything to drink. And even if you do not think that your driving showed anything unusual, never argue with the officer. Keep your “attitude” to yourself. Showing attitude can often be reason enough for further investigation.
If the officer has reason to believe that you are driving under the influence, he/she will ask you to get out of the car and ask you to perform a series of "field sobriety tests." These are standard measures of your physical ability and may include:
- Reciting the alphabet
- Closing your eyes and bringing both index fingers together
- Walking along a straight line
- Standing on one foot for a few seconds
- Picking up a coin dropped on the ground
Whathappens if I fail the field sobriety testing?
You will be informed that you are being placed under arrest for driving under the influence. You will then be handcuffed, searched, placed in the back police car and taken to a jail. You will be held until you post bail or until a judge releases you on your own recognizance without bail.
What tests are used for determining blood alcohol content?
Blood alcohol testing is used to determine how much alcohol is actually present in your system. There are three methods used to achieve this:
- Blood sample – most effective for prosecution
- Urine sample
- Breath (breathalyzer test) sample – more advanced and exact
You do not have the right or option to refuse to take any test. The officer could legally hold you down and, against your will, draw a blood sample from your veins. In practice, this rarely happens except where an accident is involved which caused death or serious bodily injury. If you refuse to take a test, your driver's license is immediately suspended for one year. In addition, refusal to submit a sample can be considered as evidence of guilt in your trial.
How do I know which chemical test to take?
As mentioned above, the sample of your actual blood is the preferred method – by police and prosecutors – to use against you in court. In many cases, the least accurate and reliable of the tests in the urine sample, however, if it has been a long period of time between you last drink and the urine sample, the sample may provide inaccurately high reading against you. The reason for this is that the alcohol content in your urine will actually be greater than the amount of alcohol remaining in your bloodstream.
On the other hand, a breathalyzer test can show inaccurately high readings if you take the breath test shortly after your last drink, because of the alcohol content remaining in the mouth, esophagus, and the upper digestive system. Also, if you have used breath spray or mouthwash, or if you burp shortly before the breathalyzer test, the reading could be inaccurately high. The blood and the urine samples will show the presence of drugs as well as alcohol; however, a breath test can determine only alcohol content – not drugs. All tests must be given to you within 3 hours of when you were driving.
What happens if I refuse to take a BAC test?
When suspected of DUI, you are often given the choice of which chemical test you want to take. While some people think that refusing the test may help them in court, this is not the case. There are added provisions to penalties in most states for DUI suspects that fail to take a chemical test – these penalties can be much harsher than the penalties given to ordinary offenders.
Whatare the penalties for DUI?
Drunk driving penalties in Virginia (and nationwide) have become very severe in the past few years. For a first offense, the maximum possible penalties you could face are:
- 6 months in jail
- $1,000 fine plus additional penalty assessments
- Driver's license suspension for 6 months
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