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In Virginia, DWI means Driving While Intoxicated, and DUI means Driving Under the Influence. While some states differentiate between these terms, making one less severe than the other, Virginia does not. In Virginia, there is no legal difference between DUI and DWI; the terms mean the same thing and are both covered under the state's drunk driving laws, even appearing in the same statute. This knowledge about the interchangeable use of these terms can help you understand the legal system more effectively.
In some states, DUI (Driving Under the Influence) is considered a lesser charge compared to DWI (Driving While Intoxicated). However, in Virginia, there is no such distinction. DUI and DWI are treated similarly, and the terms are used interchangeably. The consequences for these offenses are similar in Virginia, although the terms might be defined differently. Knowing this can help you deal with the legal process if you face such charges.
This means driving with a blood alcohol concentration (BAC) of 0.08 percent or higher. If your BAC is at this level or above, it’s assumed that you were under the influence of alcohol, even if there are no other signs of intoxication.
This refers to driving when your ability to drive is impaired by alcohol, regardless of your BAC. You can be charged with DUI if alcohol affects your driving ability, even if your BAC is below 0.08 percent.
This means driving with drugs or a mix of drugs and alcohol in your system. According to Virginia Code 18.2-266, there are specific blood concentration limits for illegal drugs, including:
If your drug levels exceed these limits while driving, you may face criminal charges for DUID.
Different drugs can affect a driver in various ways. For example:
Even a small amount of drugs can impair a driver’s ability to drive safely. Signs of drug intoxication may include:
If you notice these signs, the driver may be under the influence of drugs.
In Virginia, the law doesn’t distinguish between DWI, DUI, and DUID regarding penalties. However, there are specific penalties for alcohol-related offenses, especially for drivers with high blood alcohol concentrations (BAC). Here’s what you need to know about the penalties for these offenses:
This is treated as a Class 1 misdemeanor. Penalties include a fine of $2,500 and up to one year in prison.
This is also a Class 1 misdemeanor. The penalties are similar to those for the first offense, but there is an additional mandatory minimum fine of $500.
This offense is considered a Class 6 felony. The penalties include a fine of $2,500 and up to five years in jail.
These are also classified as Class 6 felonies. The penalties are similar to those for the third offense but have increased consequences. You will have to pay a fine of $1,000 and at least one year in jail.
These penalties aim to discourage repeat offenses and ensure that drivers who repeatedly violate these laws face serious consequences.
If you’re facing DWI, DUI, or DUID charges in Virginia, it’s crucial to contact an experienced criminal defense attorney as soon as possible. These charges can lead to severe problems, and having a good Virginia DUI lawyer can make a big difference in your case.
Our team at Clinton O. Middleton, Attorney at Law, PLLC, is dedicated to helping you navigate the legal process and achieve the best result. We will review your case thoroughly, identify potential defenses, and work diligently to get your charges dropped or reduced.
Don’t wait to get the help you need. Call us today at 703-777-9630 to speak directly with an attorney. We offer a free, no-obligation initial consultation during which we can go over your case, address your questions, and offer guidance on your next steps. Your future is important—let us help you protect it.
