CRIMES INVOLVING HEALTH AND SAFETY

Driving under the influence (DUI/DWI) Which is, commonly referred to as driving while intoxicated (DWI), is an extremely complex area of the law. We have experience and a solid foundation of knowledge of the laws concerning DUI/DWI. The lawyers at Goff Voltin, PLLC have handled numerous cases of DUI/DWI. We have spent countless hours pouring over the code to better understand the intricacies of the laws which prohibit DUI/DWI.

1. Simply put, DUI/DWI is the operation of a motor vehicle while under the influence of an intoxicating substance. Typically, people associate drinking alcohol with DUI/DWI. There are other drugs and intoxicating substances which may lead to a charge of DUI/DWI. Although, the actual offense of DUI/DWI is the driving or operation of a motor vehicle (car, motorcycle, ATV, riding lawn mower, etc.) while:

• (1) firstly, having a blood alcohol concentration (BAC) of 0.08 grams or more per 210 liters;
• (2)furthermore, being under the influence of alcohol, narcotic, intoxicant, or drug to a degree which impairs the driver’s ability to operate the motor vehicle;
• (3) to include, having a blood concentration of any of the following substances at a level that is equal to or greater than:
  • 0.02 milligrams of cocaine per liter of blood;
  • 0.1 milligrams of methamphetamine (commonly referred to as “meth”) per liter of blood;
  • 0.01 milligrams of phencyclidine (commonly referred to as “PCP” or “angel dust”) per liter of blood; or
  • 0.1 milligrams of 3,4-methylenedioxymethamphetamine (commonly referred as “MDMA” or “ecstacy”) per liter of blood.

If found guilty:

• Punishment for a first offense (DUI/DWI): Class 1 misdemeanor and carries the possibility of up to 12 months in jail and/or a $2,500 fine. There could be additional penalties such as a loss of license, but you should consult with an attorney at Goff Voltin to discuss further.
• Lastly, there are also additional penalties depending on the level of intoxication and the prior criminal record of the accused. The attorneys at Goff Voltin will thoroughly explain whether these heightened punishments would apply to your situation.

VIRGINIA CODE: http://law.lis.virginia.gov/vacodefull/title18.2/chapter7/article2/

Representation by criminal defense attorney is always recommended.

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