Whenever you are operating a motor vehicle in Virginia, you are legally considered intoxicated if your blood alcohol content is .08% or higher. You can also be considered intoxicated if your ability to operate a motor vehicle is impaired. If your driving is affected in any way because you were operating a motor vehicle while under the influence of any drug, even prescription medication, you may face the same penalties as if you were driving under the influence of alcohol.
If you are involved in a motor vehicle accident and a law enforcement officer has probable cause, you can be arrested for DUI within three hours of the accident without a warrant; you can also be arrested at any location.
The penalties for a first DUI offense include a minimum, mandatory $250 fine and a driver's license revocation for one year. Depending upon the local ordinances, you may be liable for up to $1,000 for the cost of law enforcement, emergency medical services, and rescue personnel who respond to the scene of a crash or an incident that resulted from your DUI violation.
If you are convicted of DUI in a first offense, the court will require that you install an ignition interlock device in the vehicle that you operate primarily as a condition of restricted driving privileges. If you are convicted of DUI, you will be required to report to an Alcohol Safety Action Program (ASAP) in your area for a screening and probationary oversight to have your license reinstated.
At your own expense, you may be assigned to an alcohol education program and/or treatment. You will spend a minimum of 20 hours in ASAP classes if you are assigned to education, and those who are convicted on a first offense will be on probation for one year.
If you were arrested for DUI following an accident, it's critical that you contact an aggressive Norfolk DUI attorney from Curcione Law right away to protect your rights. If you unintentionally caused the death of another person, you could be facing involuntary manslaughter charges which are punishable by 1 to 20 years in prison. We will need to review the specifics of your case in order to search for and unearth any mitigating evidence that may get your charges reduced if not dropped.
Contact Curcione Law to find out how we can help you by calling (757) 777-9207 – we are available 24/7 to take your call!
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