DWI vs. DUI Virginia
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.
Understanding DWI, DUI, and DUID in Virginia
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.
DWI (Driving While Intoxicated)
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.
DUI (Driving Under the Influence)
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.
DUID (Driving Under the Influence of Drugs)
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:
- Cocaine: 0.02 milligrams per liter of blood
- Methamphetamine: 0.1 milligrams per liter of blood
- Phencyclidine: 0.01 milligrams per liter of blood
- MDMA (Ecstasy): 0.1 milligrams per liter of blood
If your drug levels exceed these limits while driving, you may face criminal charges for DUID.
Signs of Drug Intoxication
Different drugs can affect a driver in various ways. For example:
- Methamphetamine or cocaine can make a driver reckless and aggressive.
- Marijuana can slow down reflexes and make it hard to judge distances.
- Benzodiazepines, such as Valium or Xanax, can cause dizziness or drowsiness. If alcohol is also consumed, these effects can become even more severe.
Even a small amount of drugs can impair a driver’s ability to drive safely. Signs of drug intoxication may include:
- Erratic starts and stops
- Slow or delayed reactions to traffic signals
- Wide or sweeping turns
- Driving with headlights off
- Leaning too close to the windshield
If you notice these signs, the driver may be under the influence of drugs.
Consequences for DWI, DUI, and DUID in Virginia
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:
First Offense
This is treated as a Class 1 misdemeanor. Penalties include a fine of $2,500 and up to one year in prison.
Second Offense (within ten years)
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.
Third Offense (within ten years)
This offense is considered a Class 6 felony. The penalties include a fine of $2,500 and up to five years in jail.
Fourth and Subsequent Offenses (within ten years)
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.
Contact an Experienced Attorney
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.
