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If you have been charged with a DUI or DWI in Virginia, you may be wondering whether there is a difference between the two. These terms are often used interchangeably, leading to confusion about the specific charges and penalties involved. Understanding how Virginia law defines and treats these offenses is essential, especially if you are facing legal consequences.
DUI vs. DWI in Virginia: Is There a Difference?
In some states, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are separate offenses with different legal definitions and penalties. However, in Virginia, the law does not differentiate between the two. Both terms refer to the same offense—operating a vehicle while impaired by alcohol or drugs.
Under Virginia Code § 18.2-266, a person can be charged with DUI if they operate a motor vehicle while:
- Having a blood alcohol concentration (BAC) of 0.08% or higher
- Under the influence of drugs or a combination of drugs and alcohol
- Impaired to the point that their ability to drive is compromised, even if their BAC is below 0.08%
While DUI is the official term used in Virginia’s legal code, DWI is often used interchangeably in law enforcement and informal discussions. Regardless of terminology, the penalties remain the same.
Legal Penalties for DUI/DWI in Virginia
Virginia has strict DUI laws and prohibits drivers from operating any vehicle under the influence of alcohol, drugs, or prescription medication that impairs their ability to drive safely. Even a first offense carries significant consequences. The penalties for DUI/DWI depend on factors such as BAC level, prior offenses, and any aggravating circumstances.
Penalties for a DUI/DWI in Virginia can be severe. If convicted, you may face the following:
- Jail time of up to 12 months
- A fine of up to $2,500
- Loss of your driver’s license for up to 1 year
- 6 demerit points on your license
- Increased insurance rates
- Mandatory drug testing and drug education classes
- Ignition interlock on your vehicle
- Criminal record, which will show up on background checks
How DUI/DWI is Determined in Virginia
Even if your BAC is below 0.08%, you can still be charged with DUI if an officer determines that your ability to drive was impaired by alcohol or drugs. Virginia law enforcement officers use several methods to determine impairment, including:
- Breathalyzer and blood tests, which measure BAC levels
- Field sobriety tests, which assess coordination and cognitive function
- Officer observations, including erratic driving, slurred speech, or other signs of impairment
Defending Against a DUI/DWI Charge
A DUI/DWI charge does not automatically lead to a conviction. With the right legal representation, it may be possible to challenge the case against you. Potential defenses include:
- Challenging the accuracy of BAC tests, which may be affected by improper calibration or procedural errors
- Arguing a lack of probable cause for the initial traffic stop
- Questioning the reliability of field sobriety tests, which can be influenced by medical conditions or environmental factors
An experienced Virginia DUI attorney can review the evidence and develop a legal strategy to minimize penalties or seek a dismissal of the charges.
Contact a Virginia DUI/DWI Lawyer
Facing a DUI/DWI charge in Virginia is a serious matter that can impact your future. If you have been arrested for impaired driving, you need a knowledgeable legal advocate to protect your rights and fight for the best possible outcome.
At Stanton Law, we provide skilled and strategic defense for DUI/DWI cases, helping clients navigate the legal system and pursue reduced penalties or case dismissal. Contact us today for a free consultation or call (804) 929-8280 to take the first step in defending your case.
