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DRIVING WHILE INTOXICATED: Proof & Penalty

Drunk driving is a serious crime. If charged, you should take the situation seriously. You may want to think about hiring an experienced Virginia Beach Criminal Lawyer to best represent your interests.

For our article on “The Basics” of the charge of Driving Under the Influence, click here. [Insert URL to “Driving While Intoxicated: The Basics.”]

For our article on “Types of Vehicles & Levels of Intoxication to Convict,” click here. [Insert URL to “Driving While Intoxicated: Types of Vehicles & Levels of Intoxication to Convict.”]

How can the Commonwealth prove that I was intoxicated at the time of my arrest?

Seemingly, the most discussed way for law enforcement to find a person in violation of Section 18.2-266 (the drunk driving law)  is when a blood or breath test indicates a BAC of .08% or greater. Consult your Virginia Beach Criminal Lawyer if you believe that the results of your BAC test may be inaccurate.

A violation of the law  may also arise by evidence that the accused ingested enough substance or alcohol “to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.”  Of particular importance to some cases is another Virginia law, Section 18.2-269. When applied, the law presumes that a BAC of .05% or less is not under the influence; between .05 and .08% can go either way, or; .08% or greater is under the influence. Given this precise range, in addition to the small details of each case that have the potential to alter the results, it is wise to consult your Virginia Beach Criminal Lawyer for an in-depth analysis.

 

What is the Penalty for Driving Under the Influence?

The penalty scheme can be complex depending upon a variety of factors unique to the person charged and the crime itself.  Please consult your Virginia Beach Criminal Lawyer for an assessment of your case.

Broadly speaking, a person found in violation of 18.2-266 will be facing at least a class 1 misdemeanor. Depending upon the BAC level, or repeat offender status, the penalties may vary. There is also generally a monetary fine involved as well.

[THIS ARTICLE DOES NOT INTEND TO GIVE, NOR DOES IT CONSTITUTE LEGAL ADVICE: SPEAK WITH YOUR VIRGINIA BEACH CRIMINAL LAWYER FOR LEGAL ADVICE]