Brunswick County DUI Lawyer

While driving while intoxicated or driving under the influence of alcohol or drugs is one of the most common criminal offenses in Brunswick County, it is not a minor crime. Even without a conviction, the charge impacts day to day living since your license could be automatically suspended after a DUI arrest.

It is important to remember that an arrest does not mean that you are guilty. To establish the facts of the case in the most favorable light and work toward a positive outcome, it is necessary to consult a Brunswick County DUI lawyer immediately.

A knowledgeable criminal defense attorney familiar with DWI/DUI cases could help preserve your driving privileges and minimize the impact of the charges on your record.

DWI or DUI Could Refer to Five Different Offenses

The primary statute prohibiting driving while intoxicated actually forbids five separate types of conduct. Drivers violate Va. Code Ann. §18.2-266 if they operate a motor vehicle while they:

  • Show a blood alcohol concentration (BAC) of .08 percent or higher
  • Demonstrate that they are “under the influence of alcohol”
  • Demonstrate that they are “under the influence” of a narcotic drug or self-administered intoxicant that impairs their ability to operate a motor vehicle safely
  • Demonstrate that they are under the combined influence of alcohol or drugs that impairs their ability to operate a motor vehicle safely
  • Show a BAC of certain specified percentages of either cocaine, methamphetamine, phencyclidine (PCP) or methylenedioxymethamphetamine (ecstasy)

Under this definition, a violation may be proven by a chemical test or by sobriety tests or other measures. An experienced DUI attorney in Brunswick County may be able to answer a person’s questions regarding their allegations.

Details in the Statute Make a Big Difference

A person may be found guilty of violating the statute even if they are not driving and even if the car ignition is turned off. The offense is defined to include “operating a motor vehicle,” which is roughly defined as being in control of a vehicle. Sitting in the driver’s seat with a key in the ignition is considered by courts to put someone in control of a vehicle.

This and other statutes prohibit the intoxicated operation of cars, trucks, motorcycles, boats, and trains. Even mopeds are covered under the statute when they are operated on public highways. For more information about DUI laws, reach out to a knowledgeable lawyer.

Penalties for DUI/DWI Offenses

In Brunswick County, the penalties for driving while intoxicated or under the influence of alcohol or drugs differ depending on several factors. Typically, penalties are more severe if the driver has a prior offense on the record or is found to have an extremely high BAC content. Limits and penalties also differ for commercial drivers and drivers under the age of 21.

For a first time offender with a BAC under .15 percent, Virginia Code Annotated §18.2-270 treats the offense as a Class 1 misdemeanor and imposes a minimum fine of $250. The maximum fine would be $2,500 and the maximum term of imprisonment is one year.

If the driver has a BAC of .15 or higher, or if this is a second offense, minimum terms of imprisonment apply. A third conviction is treated as a felony. Individuals facing DUI charges are recommended to consult an accomplished Brunswick County DUI lawyer for help.

Consult with an Experienced Brunswick County DUI Attorney

Driving privileges are are crucial in today’s day and age. If you are facing DWI or DUI charges, it is a good idea to talk to a skilled Brunswick County DUI lawyer sooner rather than later. Advice from a knowledgeable attorney could help you know what actions to take—and what to avoid—to help your case. Your attorney could also advocate on your behalf at all stages of the proceedings.

Remember that you do not have to go through this alone. Law enforcement personnel may make you feel guilty, but you have the right to prove otherwise. To get started, call now.

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