The outcomes of a DWI case can be anxiety-inducing because the risk is high – no one is positive about the outcome of the case. Hiring our firm is the first step to feeling more secure in your case. The dedicated Virginia DWI lawyers at Parks Zeigler are here to help you through your troubling time and will support you and offer the legal assistance that you need as you work through your DUI case.
Though they are different names, DUIs and DWIs are interchangeable in Virginia. They both entail that a driver was driving under the influence of alcohol or drugs. Despite the similarity between the two charges, there is one noteworthy factor that separates them. A DWI means you were driving when your blood alcohol content (BAC) was over the legal limit of 0.08. A DUI means you were under the influence of alcohol, and your consumption amount has led to obvious effects on your behavior, speech, movement, and appearance. In Virginia, it’s possible to get a DUI with a BAC of even 0.06 or 0.07.
As stated above, the legal BAC limit for those 21 and older is 0.08%; this limit is even lower for those 21. The consequences you face in your drunk driving case can depend on your BAC at the time of your offense. These penalties may include (but are not limited to):
There are certain situations where your penalties can be increased. These include committing property damage, driving with a minor, having an elevated BAC, or refusing to cooperate with law enforcement when asked to complete a breathalyzer test. A lawyer in Virginia can build a defense to avoid these DWI penalties.
The process of working through a drunk driving case is a long, arduous one. Seasoned legal counsel is strongly advised to help you work through the twists and turns of your case. The disposition of DUI and DWI cases can vary between counties and cities in Virginia, so it is important to work with an attorney who is well-versed in your area’s drunk driving laws.
After you are charged, the prosecutor will likely consider negotiations with your attorney. In this step, the prosecutor meets with your lawyer, discusses the specifics of your case, and considers the weight of the evidence.
There’s a chance your case could be reduced to a Reckless Driving charge. Despite a Reckless Driving charge still being a criminal misdemeanor conviction in Virginia, because Reckless Driving is a criminal charge that does not involve alcohol, the ignition interlock penalty is not required, and your license could only be suspended for up to six months instead of a year. The likelihood that your charges could be reduced to Reckless Driving depends on your BAC at the time of your offense, your likelihood of re-offending, legal issues, etc.
If you receive a DUI or DWI charge in Virginia, there is no way to work around the license suspension or restriction penalty. A judge’s decision to suspend a license is mandatory, but a judge does have discretion in deciding someone’s license restrictions.
If you are penalized with suspended jail time, you essentially are serving jail time with either supervised or unsupervised probation. Should you violate any terms of your probation or not complete the required programs assigned to you, you will most likely have to return to court. The average period of probation is 12 months, but it could be 36 months in some jurisdictions.
A suspended fine is conceptually similar to suspended jail time; you will not be required to pay a portion of your fines if you successfully follow the terms of your probation during your probation period. Any violation of your terms could lead to court-ordered suspended fine payments.
Your need for legal representation does not end after your case has closed. DUI charges (especially serious charges) can leave a trail of complications for life after serving your penalties. The DUI/DWI defense team at Parks Zeigler is here to answer your questions and help you cut through the legal jargon as you move on with life after your charges.
DUIs and DWIs are serious, and such serious cases require serious, seasoned attorneys to protect your rights and defend you in court. Get in contact with our DUI attorneys today to get the legal counsel you deserve for your case.
If you or someone you love is facing a drunk driving charge, you need an experienced Virginia DWI lawyer to help you successfully fight your violation. Call today to discuss your legal options.
With an office near Town Center, Virginia Beach and a second location beside the Chesapeake courthouse, our team provides quality legal representation across the entire Hampton Roads Area.
Parks Zeigler, PLLC – Attorneys At Law
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