Tag Archives: Driving under the influence

Driving Suspended License Virginia Laws Revoke No Operators Fairfax Richmond Beach Loudoun Prince William

Driving on Suspended/Revoked/No Operators License Defense

Virginia Lawyers

Driving with a suspended license is a serious crime in Virginia. If you are charged with driving with a suspended license in Virginia, call the SRIS, P.C. lawyers in Virginia.

In every state, it is against the law to drive when you driver’s license is suspended or revoked. Some of the acronyms for driving with a suspended license are DOS & No OL. Driving when you don’t have a license is also against the law in Virginia. Especially if your right to apply for a license has been suspended or revoked in Virginia. A person who drives a motor vehicle in another state while their licenses is suspended or revoked in the state they originally obtained their license from may also be charged with a driving with a suspended or revoked license.

Driving on Suspended License In Virginia Laws

Driving on Suspended License In Virginia Laws

The Law Offices of SRIS, P.C. has client meeting locations in Virginia: Fairfax, Loudoun, Fredericksburg, Lynchburg, Fredericksburg, Manassas, Richmond & Virginia Beach.

If you wish to consult with a Virginia lawyer about a Driving on Suspended or Revoked License case in Virginia, please call us at 888-437-7747.

Driving with a suspended license is generally treated as an infraction or misdemeanor. Depending on the state you are charged in, you could receive a sentence of up to one year in jail and a substantial fine.

Depending on the situation, a person can even have their license revoked. This terminates the person’s privilege of driving. This will require the individual who license was revoked to get a new license.

If your license has been suspended in Virginia, then your right to drive is taken away for a period of time. The length of time your license will be suspended for can be as little as 10 day up to as much as one year. An example of having your driver’s licenses suspended for one year is if you have been convicted of a DUI. Your suspension will end only after one year.

In Virginia, the law requires the Motor Vehicles Division (DMV) to suspend or revoke a license for certain types of offenses such as a failure to pay fines or court costs. Also, most judges have the authority to suspend a license if it is related to a traffic offense conviction such as reckless driving.

Your license can even be suspended for failure to obey a court order. An example of this is failing to pay fine ordered by the court or completing a program ordered by the court if it is driving related.

In Virginia, you are required to have car insurance and failure to provide the division of motor vehicles such proof can result in suspension of your license.

The above mentioned are just some of the different types of reasons why your license may be suspended in Virginia.

If your driver’s license is suspended or revoked in Virginia, the division of motor vehicles must give notice of the suspension or revocation to the driver. Generally, notice is given by mailing via first class mail or certified mail. The notice of suspension or revocation is mailed to the address DMV has on record. Most states require a licensed driver to notify DMV within 30 days of moving to a new address of the move.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road

Fairfax, VA 22030

400 North Ninth Street

John Marshall Courts Building

Richmond, VA 23219

Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road

Fairfax, VA 22030

920 Hull Street, Northside

Richmond, VA 23224-4070

Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road

Fairfax, VA 22030-4020

Oliver Hill Courts Building

1600 Oliver Hill Way Suite C181

Richmond, VA 23219-1214

Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue

Manassas, VA 20110

P. O. Box 55018 E. Market St., 3rd floor

Leesburg, VA 20178

Prince William General District Court Loudoun General District Court
9311 Lee Avenue

Manassas, VA 20110-5586

18 East Market Street

Leesburg, VA 20176

Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue

Manassas, VA 20110-5555

18 East Market Street

Leesburg, VA 20176

 

Virginia Beach Circuit Court
2425 Nimmo Parkway

Building 10, 4th Floor

Virginia Beach, VA 23456-9017

Virginia Beach General District Court
2425 Nimmo Parkway

Virginia Beach, VA 23456-9057

Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10

Judicial Complex 10 A Municipal Center

Virginia Beach, VA 23456

In most cases, even if a person’s license is suspended as a result of a traffic violation, the person may request the court or DMV, depending on the state, for a restricted license. The restricted license will be authorized only for very limited purposes such as getting to and from work, going to the doctor, dropping of and picking up children from school or daycare, etc. Also, the person is only authorized to drive for a certain number of hours during the day. If the person drives outside of the restrictions authorized, the person is deemed to be driving while suspended.

The Virginia defense attorneys at SRIS, P.C. are very experienced in assisting clients who have been charged with a driving on suspended / revoked or no operator’s license. Please call us at 888-437-7747.

Also, our staff and defense lawyers in Virginia speak the following languages in addition to English: Tamil, Arabic, Hindi, Telugu, Cantonese, Mandarin, Malaysian, Spanish & French.

we also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,

Herndon, VA 20170

Vienna General District Court
127 South Center Street,

Vienna, VA 22180

Falls Church General District Court
300 Park Avenue, Room 107E

Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Traffic Stop DUI Richmond Virginia Laws Accident Violate Fifth Amendment Rights

Traffic Stop DUI Richmond Virginia Lawyer Accident Violate Fifth Amendment Rights

Charles v. Commonwealth

Facts:

In a driving under influence (DUI) case, the Defendant appealed a judgment by the Court of Appeals (Virginia) that upheld the Circuit Court’s denial of his motion to suppress; defendant claimed that his Fifth Amendment rights were violated because a reasonable perso

n in his situation would have concluded that he was not free to leave the scene of an accident.

Traffic Stop DUI Richmond Virginia Laws

Traffic Stop DUI Richmond Virginia Laws

If you are facing a traffic case in Richmond, Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747.

Holdings:

            The Virginia Court made the following holding:

  • If a motorist who has been detained pursuant to a traffic stop thereafter is subjected to treatment that renders him “in custody” for practical purposes, he will be entitled to the full panoply of protections prescribed by Miranda.
  • An ordinary traffic stop is more analogous to a “Terry stop” than to restrictions associated with a formal arrest.
  • Because the determination whether a suspect is “in custody” for Miranda purposes requires an objective focus, the only relevant inquiry is how a reasonable person in the suspect’s situation would have understood his circumstances. Thus, the subjective perspective of either the suspect or the interrogating police officer has no bearing on the issue whether the suspect was “in custody” at the time he was questioned by the police.

We also have offices in Fairfax, Lynchburg, Manassas, Loudoun, & Virginia Beach.

Richmond Court House Detail:

Richmond Circuit Court

400 North Ninth Street,
John Marshall Courts Building
Richmond, VA 23219

Richmond-Criminal General District Court

920 Hull Street, Northside,
Richmond, VA 23224-4070

Richmond Juvenile and Domestic Relations District Court

 

Oliver Hill Courts Building
1600 Oliver Hill Way,
Suite C181
Richmond, VA 23219-1214

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

DUI Reckless Disregard Virginia Laws Fairfax Richmond Beach Loudoun Prince William

DUI & Reckless Disregard Of Life Defense – Virginia Lawyers

There are many different penalties for DUI & Reckless Disregard Of Life charges in Virginia.

If you have been charged with DUI & Reckless Disregard Of Life in Virginia, contact our firm immediately for help.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

DUI & Reckless Disregard Of Life Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

DUI Reckless Disregard Virginia Laws

DUI Reckless Disregard Virginia Laws

Va. Code Ann. 18.2-51.4

18.2-51.4. Maiming, etc., of another resulting from driving while intoxicated.

A. Any person who, as a result of driving while intoxicated in violation of  18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment shall be guilty of a Class 6 felony. The driver’s license of any person convicted under this section shall be revoked pursuant to subsection B of  46.2-391.

B. The provisions of Article 2 ( 18.2-266 et seq.) of Chapter 7 of Title 18.2 shall apply, mutatis mutandis, upon arrest for a violation of this section.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, North side
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill Way Suite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176

 

Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

VIRGINIA-DUI & RECKLESS DISREGARD OF LIFE

 Virginia Statute

 Description

 Penalties

    

 

 

 

 

Va. Code Ann. 18.2-51.4

driving while intoxicated

Any person who, as a result of driving while intoxicated in violation of  18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment. i.         Shall be guilty of a Class 6 felony.

ii.      The driver’s license shall be revoked pursuant to subsection B of  46.2-391 upon conviction

The provisions of Article 2 ( 18.2-266 et seq.) of Chapter 7 of Title 18.2 shall apply, mutatis mutandis, upon arrest for a violation of this section.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

DUI & Reckless Disregard Of Life Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

we also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

DUI Virginia Laws 18.2-266 Fairfax Richmond Beach Loudoun Prince William

DUI Defense – Virginia Lawyers

There are many different penalties for DUI charges in Virginia.

If you have been charged with DUI in Virginia, contact our firm immediately for help.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

DUI Defense In Virginia

DUI Defense In Virginia

DUI Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

VIRGINIA LAWYERS – (DUI) Driving motor vehicle, engine, etc.,

while intoxicated, etc

Va. Code Ann. § 18.2-266

§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than:

(a) 0.02 milligrams of cocaine per liter of blood,

(b) 0.1 milligrams of methamphetamine per liter of blood,

(c) 0.01 milligrams of phencyclidine per liter of blood, or

(d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176

 

Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 AMunicipal Center
Virginia Beach, VA 23456

VIRGINIA LAWYERS – (DUI) DRIVING MOTOR VEHICLE, ENGINE, ETC., WHILE INTOXICATED, ETC…

VA Statutes

Description

Va. Code Ann. § 18.2-266 

DUI Driving motor vehicle, engine, etc., while intoxicated, etc

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article,
while such person is under the influence of alcohol,
while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely
while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or
while such person has a blood concentration of any of the following substances at a level that is equal to or greater than:

(a) 0.02 milligrams of cocaine per liter of blood,

(b) 0.1 milligrams of methamphetamine per liter of blood,

(c) 0.01 milligrams of phencyclidine per liter of blood, or

(d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.

Va. Code Ann. § 18.2-266  DUI

Violation of this section

A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).
Va. Code Ann. § 18.2-266 DUI

“motor vehicle”

For the purposes of this article, the term“motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

DUI Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

we also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris

Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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765 Lynn Street,
Herndon, VA 20170

Vienna General District Court

127 South Center Street,
Vienna, VA 22180

Falls Church General District Court

300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Baby DUI Virginia Laws Penalty 18.2-266.1 Fairfax Richmond Beach Loudoun Prince William

BABY DUI DEFENSE – VIRGINIA LAWYERS

There are many different penalties for Baby DUI charges in Virginia.

If you have been charged with Baby DUI in Virginia, contact our firm immediately for help.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Baby DUI Virginia Laws Penalty 18.2-266.1

Baby DUI Virginia Laws Penalty 18.2-266.1

BABY DUI DEFENSE IN VIRGINIA

We will do our absolute best to help you get the best result possible based on the facts of your case.

VIRGINIA LAWYERS – (BABY DUI) PERSONS UNDER AGE 21 DRIVING AFTER ILLEGALLY CONSUMING ALCOHOL; PENALTY

Va. Code Ann. § 18.2-266.1

§ 18.2-266.1. Persons under age 21 driving after illegally consuming alcohol; penalty

A. It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.

B. A violation of this section is a Class 1 misdemeanor. Punishment shall include (i) forfeiture of such person’s license to operate a motor vehicle for a period of one year from the date of conviction and (ii) a mandatory minimum fine of $ 500 or performance of a mandatory minimum of 50 hours of community service. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2. The penalties and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.

C. Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176

 

Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 AMunicipal Center
Virginia Beach, VA 23456

VIRGINIA LAWYERS – (BABY DUI) PERSONS UNDER AGE 21 DRIVING AFTER ILLEGALLY CONSUMING ALCOHOL; PENALTY

Virginia Statute

Description

Penalties

Va. Code Ann. § 18.2-266.1 Baby DUI

Persons under age 21 driving after illegally consuming alcohol; penalty

It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol.

  • Any such person with a blood alcohol concentration of 0.02 percent or
  • More by weight by volume or 0.02 grams or
  • More per 210 liters of breath but less than 0.08 by weight by volume or
  • Less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.
A violation of this section is a Class 1 misdemeanor.Punishment shall include

  • Forfeiture of such person’s license to operate a motor vehicle for a period of one year from the date of conviction and
  • A mandatory minimum fine of $ 500 or performance of a mandatory minimum of 50 hours of community service.
  • This suspension period shall be in addition to the suspension period provided under § 46.2-391.2.
  • The penalties and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section.
Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.

 

Va. Code Ann. § 18.2-266.1 Baby DUI Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.

 

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Baby DUI Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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Herndon General District Court

765 Lynn Street,
Herndon, VA 20170

Vienna General District Court

127 South Center Street,
Vienna, VA 22180

Falls Church General District Court

300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Refusal Breath/Blood Test DUI Virginia Laws Public 18.2-268.3 Fairfax Richmond Beach Loudoun Prince William

Refusal Of Blood/Breath Test (DUI) Defense – Virginia Lawyers

There are many different penalties for Refusal Of Blood/Breath Test (DUI) charges in Virginia.

If you have been charged with Refusal Of Blood/Breath Test (DUI) in Virginia, contact our firm immediately for help.

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Refusal Of Blood/Breath Test (DUI) Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Refusal Breath/Blood Test DUI Virginia Laws Public 18.2-268.3

Refusal Breath/Blood Test DUI Virginia Laws Public 18.2-268.3

VIRGINIA LAWYERS – REFUSAL OF BREATH/BLOOD TEST (DUI) DRIVING MOTOR VEHICLE, ETC., WHILE INTOXICATED

Va. Code Ann. § 18.2-268.3

§ 18.2-268.3. Refusal of tests; penalties; procedures

A. It shall be unlawful for a person who is arrested for a violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood or breath or both blood and breath taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this section.

B. When a person is arrested for a violation of § 18.2-51.4, 18.2-266, 18.2-266.1 or, subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court, that (i) a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth, (iv) the criminal penalty for unreasonable refusal within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal is a Class 2 misdemeanor, and (v) the criminal penalty for unreasonable refusal within 10 years of any two prior convictions for driving while intoxicated or unreasonable refusal is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388.

 C. The arresting officer shall, under oath before the magistrate, execute the form and certify, (i) that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) that the officer has read the portion of the form described in subsection B to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection B read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2-270 the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under this section shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.

D. A first violation of this section is a civil offense and subsequent violations are criminal offenses. For a first offense the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

If a person is found to have violated this section and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270, arising out of separate occurrences or incidents, he is guilty of a Class 2 misdemeanor and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

If a person is found guilty of a violation of this section and within 10 years prior to the date of the refusal he was found guilty of any two of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176

 

Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 AMunicipal Center
Virginia Beach, VA 23456

VIRGINIA LAWYERS – REFUSAL OF TESTS; PENALTIES; PROCEDURES

VA Statutes

Description

Penalties

Va. Code Ann. § 18.2-268.3Refusal of tests; penalties; procedures It shall be unlawful for a person who is arrested for a violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood or breath or both blood and breath taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is Shall be guilty of a violation of this section.
When a person is arrested for a violation of § 18.2-51.4, 18.2-266, 18.2-266.1 or, subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court, that

  • a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood,
  • a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial,
  • the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth,
  • The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388.
The criminal penalty for unreasonable refusal within 10 years Of a prior conviction for driving while intoxicated or unreasonable refusal Class 2 misdemeanor
Of any two prior convictions for driving while intoxicated or unreasonable refusal Class 1 misdemeanor.
Va. Code Ann. § 18.2-268.3 The arresting officer shall, under oath before the magistrate, execute the form and certify,

  • that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing;
  • that the officer has read the portion of the form described in subsection B to the arrested person;
  • that the arrested person, after having had the portion of the form described in subsection B read to him, has refused to permit such sample or samples to be taken; and

how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2-270 Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under this section shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.

A first violation of this section is a civil offense and subsequent violations are criminal offenses. For a first offense the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.
If a person is found to have violated this section and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270, arising out of separate occurrences or incidents, and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.If a person is found guilty of a violation of this section and within 10 years prior to the date of the refusal he was found guilty of any two of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2. Class 2 misdemeanor
Class 1 misdemeanor

We have client meeting locations in Fairfax Richmond Virginia Beach Loudoun Prince William Fredericksburg & Lynchburg.

Refusal Of Blood/Breath Test (DUI) Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

We also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

DUI Virginia Penalties Lawyers DUID Laws Fairfax Loudoun Richmond Beach Manassas Prince William

DUI In Virginia

Lawyers in Virginia

In Virginia, DUI is a very serious charge, now more than ever. Driving a motor vehicle after consuming alcohol or other drugs may result in being charged with drunk driving. Driving under the influence of alcohol, drunk driving, drinking and driving is commonly referred to as a DUI or DWI. In Virginia, a DUI is the same as a DWI.

DUI Laws In Virginia

DUI Laws In Virginia

Another type of offense is a DUID. DUID is driving under the influence of drug(s) or a combination of alcohol and drugs. Regardless of whether you have been charged with a DUI, DWI or DUID in Virginia, the penalties for a DUI conviction are very serious.

The penalties you receive from the court is only the beginning. You stand to lose your job, pay an exorbitant rate for car insurance, lose your ability to drive either completely or have your driving privileges extremely restricted.

The courts have had a lot of pressure put on them lately to not give any kind of break to those charged with an offense where drinking and driving (DUI in Virginia) are involved. These laws apply not only to automobiles, but also to boats and aircraft as well.

The Law Offices of SRIS, P.C. has client meeting locations in Virginia: Fairfax, Loudoun, Fredericksburg, Lynchburg, Manassas (Prince William), Richmond & Virginia Beach.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176

 

Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 A Municipal Center
Virginia Beach, VA 23456

If you wish to consult with us about a DUI/DWI/DUID case, our attorneys in Virginia can be reached at 888-437-7747.

When the laws against drunk driving (DUI) were originally passed in Virginia, a person was convicted based on a variety of factors such as driving symptoms, field sobriety tests. The drunk driving laws (DUI laws) have evolved considerably and now the standard for determining if a person is driving under the influence is a lot more objective in Virginia. The drunk driving statutes (DUI laws) in Virginia today call for a variety of standardized tests and scientific test to determine if the person who is charged with a DUI in Virginia had a blood alcohol content over the legal limit.

The three main factors the Virginia courts use to determine whether a person is guilty of a DUI in Virginia is the officer’s observations of the accused at the time of offense, field sobriety tests (FSTs) and the intoxilyzer. The current model is the Intox ECR/II.

The Intoxilyzer is used to determine a person blood alcohol content (BAC). Through out the entire United States, a BAC of .08% or higher is deemed to be an illegal if driving.

Drinking while driving (DUI) is illegal in Virginia. However, it is only illegal to drive after drinking if your BAC is higher than the legal limit.

If you are under the age of 21 and you drink and drive (DUI) , even a BAC as low as .02% is enough to convict someone of drinking and driving. The blood-alcohol limit for aircraft pilots is 0.04%, and for commercial drivers 0.04% or 0.05%, depending upon the jurisdiction.

At SRIS, P.C., our Virginia attorneys handle DUI cases in Virginia regularly. Our job is to protect your rights. If you’ve been arrested for driving under the influence of alcohol or drugs, please make an appointment with one of our Virginia attorneys regarding your DUI defense in Virginia. Don’t wait until it’s too late to mount a defense. DWI’s and DUI’s are nothing to fool around with. Our Virginia attorneys will do their best to help you.

The Virginia DUI lawyers of SRIS, P.C. are ready to assist you if you have been charged with a DUI/DWI/DUID offense.

The Virginia DUI defense attorneys and staff of SRIS, P.C. speak the following languages in addition to English: Tamil, French, Spanish, Arabic, Hindi, Telugu, Cantonese, Mandarin & Malaysian.

The following are the The Law Offices of SRIS, P.C. client meeting locations in Virginia: Fairfax, Loudoun, Fredericksburg, Lynchburg, Manassas (Prince William), Richmond & Virginia Beach.

we also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

DUI First Offense Virginia Second Third Fairfax Richmond Beach Prince William Loudoun

A DUI is a very serious offense in Virginia, even if it is your first offense. The following are the penalties for a first offense, second offense, third offense and subsequentDUI offenses.

Keep in mind a third offense DUI is a felony in Virginia.

If you have been charged with a DUI in Virginia, contact us for help. We have defended DUI clients for over 15 years.

We have client meeting locations in Fairfax, Richmond, Virginia Beach, Prince William, Loudoun, Fredericksburg & Lynchburg.

Please contact us if you need help.

DUI First Offense Virginia Second Third

DUI First Offense Virginia Second Third

FIRST OFFENSE DUI IN VIRGINIA

shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250

  • If the person’s blood alcohol level was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days.
  • If the level was more than 0.20, for an additional mandatory minimum period of 10 days

SECOND OFFENSE DUI IN VIRGINIA

within less than five years

mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence

within a period of five to 10 years

mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence

second offense within 10 years of a prior offense and

  • If the person’s blood alcohol level was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of ten days and mandatory minimum fine of $500.
  • If the level was more than 0.20, for an additional mandatory minimum period of 20 days and mandatory minimum fine of $500.
  • shall be guilty of a Class 6 felony. with a mandatory minimum sentence of 90 days, with mandatory minimum fine of $ 1000/-.
  • shall be guilty of a Class 6 felony, with a mandatory minimum sentence of confinement for six months with mandatory minimum fine of $ 1000/-.

THIRD OFFENSE DUI IN VIRGINIA.

Third offense within 10 years:

If within 5 years

FOURTH OR SUBSEQUENT OFFENSE DUI IN VIRGINIA:

Within the period of ten years:

Upon conviction, with a mandatory minimum term of Imprisonment of One year. In addition, such person shall be fined a mandatory minimum fine of $1,000. Unless otherwise modified by the court, the defendant shall remain on probation and under the terms of any suspended sentence for the same period as his operator’s license was suspended, not to exceed three years.

Some of the courts we cover in Virginia:

Fairfax Circuit Court Richmond Circuit Court
4110 Chain Bridge Road
Fairfax, VA 22030
400 North Ninth Street
John Marshall Courts Building
Richmond, VA 23219
Fairfax General District Court Richmond General District Court
4110 Chain Bridge Road
Fairfax, VA 22030
920 Hull Street, Northside
Richmond, VA 23224-4070
Fairfax Juvenile & Domestic Relations District Court Richmond Juvenile & Domestic Relations District Court
4110 Chain Bridge Road
Fairfax, VA 22030-4020
Oliver Hill Courts Building
1600 Oliver Hill WaySuite C181
Richmond, VA 23219-1214
Prince William Circuit Court Loudoun Circuit Court
9311 Lee Avenue
Manassas, VA 20110
P. O. Box 55018 E. Market St., 3rd floor
Leesburg, VA 20178
Prince William General District Court Loudoun General District Court
9311 Lee Avenue
Manassas, VA 20110-5586
18 East Market Street
Leesburg, VA 20176
Prince William Juvenile & Domestic Relations District Court Loudoun Juvenile & Domestic Relations District Court
9311 Lee Avenue
Manassas, VA 20110-5555
18 East Market Street
Leesburg, VA 20176

 

Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile & Domestic Relations District
Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10 AMunicipal Center
Virginia Beach, VA 23456

VIRGINIA DUI OFFENSE

 

 

DUI

 

 BLOOD ALCOHOL LEVEL

Less than 0.15 0.15 to 0.20 More than 0.20
 

 

FIRST OFFENSE DUI VIRGINIA

Class 1Misdemeanorwith a mandatory minimum fine of $250 Confinement in jail for an additional mandatory minimum period offive days Confinement in jail for an additional mandatory minimum period often days
SECOND OFFENSE DUI IN VIRGINIA  

Within 5 years

Mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year.  Twenty days of such confinement shall be a mandatory minimum sentence Confinement in jail for an additional mandatory minimum period of ten days and mandatory minimum fine of $500 For an additional mandatory minimum period of 20 days and mandatory minimum fine of $500
Within 10 years Mandatory minimum fine of $500 and by confinement in jail for not less than one month.  Ten days of such confinement shall be a mandatory minimum sentence
 

 

 

THIRD OFFENSE DUI IN VIRGINIA

 

Within 5 years

Guilty of a Class 6 felony, a mandatory minimum sentence of 90 days is imposed, with mandatory minimum fine of $ 1000/-.
 

Within 10 years

Guilty of a Class 6 felony, a mandatory minimum sentence of six months  is imposed, with mandatory minimum fine of $ 1000/-.
FOURTH OR SUBSEQUENT OFFENSE DUI IN VIRGINIA

within a period of 10 years

Upon conviction, a mandatory minimum term of Imprisonment of One year is imposed.  In addition, such person shall be fined a mandatory minimum fine of $1,000. Unless otherwise modified by the court, the defendant shall remain on probation or under the terms of any suspended sentence and in the same period his operator’s license may be suspended but this period is not to exceed three years.

we also cover the following courts in Virginia:

Herndon General District Court
765 Lynn Street,
Herndon, VA 20170
Vienna General District Court
127 South Center Street,
Vienna, VA 22180
Falls Church General District Court
300 Park Avenue, Room 107E
Falls Church, VA 22046-3350

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.