DUI in VA

[iiabdfi]

What is the name of your state? VA

My bf was driving my car. It was very late, about 2 am, and he fell asleep at the wheel. We wrecked and were both able to climb out of the car and call for help. He required a surgery to fix a broken nose, and I was fine. The car was totalled. At the hospital, they told him he had a BAC of double the limit, which was a shock to us both b/c he had only 3 drinks between 9 and 1:30. However, he had taken 3 excedrin migraine and eaten very lightly b/c he wasn't feeling well.

What do you think will happen as a first offense? We have hired an atty.

 

[iiabdfi]

Also, he wasn't asked to do a breathalyzer b/c he was injured (i guess). They told him at the hospital they did a blood test. They never even gave him the ticket- they came into the waiting room and gave it to me. Thought that was odd since we're not married. I would think that was private info for him??

 

[BigMistakeFl]

BigMistakeFl

Your count of the drinks you bf consumed is wrong. Either he lied to you and was sneaking more when you weren't looking, or you are not being truthful here. The Excedrin migraine pills have no controlled substance in them. In fact, they are just aspirins with extra caffeine.

 

[iiabdfi]

You are missing the point of my post. I wasn't really asking for advice regarding the number of drinks he had. I was just stating that as a fact. I was there when each drink was ordered, so that's not really my concern.

I was more interested in advice or statements from those that had experience with a first time dui in VA, ie. what to expect in court and what to expect the punishment to be.

 

[StickyFingers]

[

What is the name of your state? VA

My bf was driving my car. It was very late, about 2 am, and he fell asleep at the wheel. We wrecked and were both able to climb out of the car and call for help. He required a surgery to fix a broken nose, and I was fine. The car was totalled. At the hospital, they told him he had a BAC of double the limit, which was a shock to us both b/c he had only 3 drinks between 9 and 1:30. However, he had taken 3 excedrin migraine and eaten very lightly b/c he wasn't feeling well.

What do you think will happen as a first offense? We have hired an atty.

Depends....So how did the person(people) make out?...you know...the ones that your bf hit?

 

[StickyFingers]

I was more interested in advice or statements from those that had experience with a first time dui in VA, ie. what to expect in court and what to expect the punishment to be.

Depends, as I stated before....What are the injuries of the pesron (people) you hit????

What are the damages that are being claimed against you?

'laymans'= What are you being sued for?

 

[iiabdfi]

There were no other cars involved- just mine- ran off the road and into a tree.
The ticket just says DUI- doesn't mention the BAC content in writing- he was just told it was "nearly double" verbally.

 

[iiabdfi]

If anyone can provide any info regarding typical first offenses in VA, or a link to info, please let me know. I can't find any other info online-- I'm sure it's there and I"m just looking in the wrong places. Thanks in advance!

 

[CdwJava]

The punishment would depend on the specific code section he is charged with violating. If you can provide the code section, someone might be able to provide you a lead.

Also, depending on the "drink", there could be up to 5 oz. of liquor in each one! 3 Long Island Ice Teas from TGIFridays would be enough to put him at twice the legal limit in the time frame mentioned ... three beers would not. However, if he is under 21, and the legal limit for under 21 is .02 or less, then it is possible that he was at twice THAT limit with three beers.

And as was said, the Excedrin wouldn't matter.

if they have the results of a blood test, his goose is cooked. He needs to speak to an attorney that specializes in DUI cases. Since he has an attorney he needs to speak to him about what the likely penalties are in HIS local court. The possible penalties could include jail time, probation, counseling, and massive fines ... what is common for his local court could be different than the "usual" punishments.

Additionally, with regard to the ticket, the officer probably assumed you could get it to him. And there is nothing confidential about an arrest. The officer's letting you know that your boyfriend was cited was not a problem unless he is under 18 ... in which case there are other issues here.

- Carl

 

[iiabdfi]

The code on the ticket says 18.2.266.
He's 25....

 

[CdwJava]

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.

This should be a Class 1 Misdemeanor which provides for confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both. It is also likely that he will lose his license for a year.

See this VA DMV PDF file for more information on VA DUI laws .. he could be in DEEP doo-doo depending on the BAC results of the blood test.

- Carl

 

[iiabdfi]

Thanks for the link to the pdf file. That was really helpful.
I think we're going to be in a better situation than I had imagined.

 

[CdwJava]

Thanks for the link to the pdf file. That was really helpful.
I think we're going to be in a better situation than I had imagined.

Well, he's looking at a year's suspension of his license and a minimum of 5 days in jail. I guess that's better than being in the hoosegow for a year.

I hope you have a license so you can drive him around for the next year.

- Carl

 

[iiabdfi]

He'll be able to drive to work and school, and other than that, I don't mind driving. At least I have him alive. Five days in a blink compared to not having him at all. A big relief.
Thanks again for the info....

 

[CdwJava]

How can you be sure that he'll be allowed to drive to work and school? Getting a restricted license is something you generally have to plead for AFTER it has been suspended. And, in some states, they don't issue them for DUI convictions ... I thought VA was one of those states.

- Carl