2nd offence

[boardmor]

So I wasnt thinking and got pulled over after having a few drinks. Forgot to turn on my headlights right away. Cop ask me if I had anything to drink I said I had 2 drinks so he tells me pull over and take a field sobriety test. Agree I have anxiety pretty bad so I did do so well. Passed the follow the pen thing. Didnt do well on the one legged stand little over weight and dont have the best balance, then walked the line did well except he said I forgot to pivot when I turn around. Was taken to jail where I blew .06. Its my 2nd within ten years. Really cant afford to pay the price for this one. Anyone lead me in a good general direction. Thanks

 

[asiny]

Taking a guess you are still in West Virginia: Unless you tell otherwise. A lot depends on your age, if you were driving your personal vehicle and not in a commercial capacity.

The .08 percent BAC limit is the standard measurement used across the United States for the "impaired" driver. The State of West Virginia has lower BAC limits for commercial drivers (.04) and drivers under the age of 21 (.02) or Zero Tolerance.

Was taken to jail where I blew .06. Its my 2nd within ten years.

What were you charged with? You say 'within ten years'.. what was your 1st offense?

 

[boardmor]

My first offence was a dui in florida. This second offence was actually in VA it was just my personal vehicle.

 

[asiny]

My first offence was a dui in florida. This second offence was actually in VA it was just my personal vehicle.

How long ago was the 1st offence? What age were you for the 2nd offence? What have you been charged with in regards to the 2nd offence?

Virginia has the same BAC limits as West Virginia.

 

[boardmor]

I was 23 on first offense, Im now 30 on this offense I was charge DWI 2nd offense within 5 to 10 yrs

 

[asiny]

I was 23 on first offense, Im now 30 on this offense I was charge DWI 2nd offense within 5 to 10 yrs

I guess this is where I find it odd.

Was taken to jail where I blew .06. Its my 2nd within ten years.

I fail to find anywhere it says the BAC limit is lowered for a 2nd offence. Everywhere lists is at .08
What was the crime/statute code you were charged with?
Although - at this point - consulting a DWI attorney would be in your best interest.

 

[CdwJava]

I fail to find anywhere it says the BAC limit is lowered for a 2nd offence. Everywhere lists is at .08

As a note, the .08 level is the per se level - the level at which the person is legally presumed to be too impaired to operate a motor vehicle safely. One can be impaired below .08 ... think of a person high on drugs - he or she would have a BAC of 0.00.

Impairment and per se impairment are most often two different offenses, but still both impaired driving offenses.

 

[dmcc10880]

As a note, the .08 level is the per se level - the level at which the person is legally presumed to be too impaired to operate a motor vehicle safely. One can be impaired below .08 ... think of a person high on drugs - he or she would have a BAC of 0.00.

Impairment and per se impairment are most often two different offenses, but still both impaired driving offenses.

Blood test for drugs?

 

[CdwJava]

Blood test for drugs?

Urine can also be used. As to which is the best test, that would depend on the substance suspected.

 

[asiny]

As a note, the .08 level is the per se level - the level at which the person is legally presumed to be too impaired to operate a motor vehicle safely. One can be impaired below .08 ... think of a person high on drugs - he or she would have a BAC of 0.00.

Impairment and per se impairment are most often two different offenses, but still both impaired driving offenses.

Shouldn't the OP have been charged with DUI if they were below the BAC limit?

 

[CdwJava]

Shouldn't the OP have been charged with DUI if they were below the BAC limit?

Wasn't he?

He was taken to jail for it.

DWI and DUI are often interchangeable terms unless the specific state has differing definitions for those terms. But, suffice it to say that he was arrested for some form of impaired driving offense.

 

[asiny]

Wasn't he?

According to the OP - no. They were charged with DWI.

I was charge DWI 2nd offense...

DWI and DUI are often interchangeable terms unless the specific state has differing definitions for those terms. But, suffice it to say that he was arrested for some form of impaired driving offense.

This I was unaware - especially when being charged with one or the other (again, basing this off the OP comment).
Found it;

As set forth in Section 18.2-266 of the Virginia code, it is unlawful for any person to drive or operate any motor vehicle, “[w]hile such person has a blood alcohol concentration of .08% or more . . . . or while such person is under the influence of alcohol, or such person is under the influence of any narcotic drug or any other self administered intoxicant.” In English, this means that a person can be found guilty of driving while intoxicated if (a) their blood alcohol level when they were driving was .08 or more, as determined by a chemical test (this is called a “per se” statute), or (b) if the person is proven to be "under the influence" of alcohol or "under the influence of drugs" (this is called a presumption statute).

Really cant afford to pay the price for this one.

Time for an attorney - seems you will need it.

 

[CdwJava]

According to the OP - no. They were charged with DWI.

As I said, an impaired driving offense.

 

[boardmor]

I wasnt on any drugs at the time. I do take medication but I didnt take it that day because I knew I was going out. The officer even tried asking me if I take medication because I told him I have schizoaffective disorder when he stopped me and ask if there was anything that might impair me from taking a field test. He shrugged off then but was persistant about it when I was sitting in jail and just finished taking the breath test. I told him I hadnt taken anything that day. They charged me with code section 18.2-266 and 18.2-270.
I have talked to a lawyer and should be hiring him at the end of this week when I get my down payment gathered up for him.

 

[asiny]

As I said, an impaired driving offense.

I was agreeing with you

I have talked to a lawyer and should be hiring him at the end of this week when I get my down payment gathered up for him.

1) Good luck
2) Time to re-think not drinking and driving (regardless of just 1 or 2)