Imagine driving home after a celebratory evening, believing that you’ve taken all the precautions to be on the safe side. Yet, the unforeseen occurs: flashing lights in your rearview mirror, a police officer asking you to step out of your car, and an unsettling feeling as you undergo sobriety tests. The situation becomes graver if you are found to be under the influence of drugs.
With laws becoming increasingly stringent, securing competent legal counsel is not just an option; it’s a necessity. That’s where Rudolphi Law can be your fortress.
Driving under the influence (DUI) is a serious crime that can have far-reaching consequences, including jail time, fines, and the loss of your driver’s license. If you have been charged with a DUI, you need to act quickly to protect your rights. Rudolphi Law can help you fight for the justice you deserve.
Defining DUI & Drugs
According to Virginia’s Department of Motor Vehicles, drug-impaired driving accounted for an increasing percentage of overall DUI arrests in recent years. This rise underscores the necessity for public awareness and robust legal defense against DUID charges.
In Virginia, a driver can be charged with a DUI if they are under the influence of drugs, even if their blood-alcohol concentration (BAC) is below the legal limit of 0.08%. The per se limits for certain drugs in Virginia are:
- Cocaine: 0.02 milligrams per liter of blood
- Methamphetamine: 0.1 milligrams per liter of blood
- Phencyclidine (PCP): 0.01 milligrams per liter of blood
- 3,4-methylenedioxymethamphetamine (MDMA): 0.1 milligrams per liter of blood
If a driver’s blood test shows that they have any of these drugs in their system at or above the per se limit, they can be charged with a DUI.
It is important to note that Virginia has not set a per se limit for marijuana. However, a driver can be convicted of a DUI if they have marijuana in their system and meet the legal definition of intoxication (having consumed enough to affect your manner, speech, disposition, muscular movement, and demeanor).
The legal ramifications for being convicted of DUID in Virginia are severe:
First Offense: Class 1 misdemeanor with up to 12 months jail time and a fine of $250 up to $2,500.
Second Offense (within 10 years): Class 1 misdemeanor with up to 12 months in jail with a 10-day mandatory minimum and a fine of up to $2,500 with a $500 minimum.
Second Offense (within 5 years): Class 1 misdemeanor with up to 12 months in jail with a 20-day mandatory minimum and a fine of up to $2,500 with a $500 minimum.
Third Offense (within 10 years): Class 6 felony with up to 5 years in jail with a 90-day mandatory minimum and fine of up to $2,500 with a $1,000 mandatory minimum.
Third Offense (within 5 years): Class 6 felony with up to 5 years in jail with a 6-month mandatory minimum and fine of up to $2,500 with a $1,000 mandatory minimum.
Fourth or Subsequent Offense (within 10 years): Class 6 felony with up to 5 years in jail with a mandatory minimum 12 months and a fine of up to $2,500 with a mandatory minimum $1,000.
Given the complexity and severity of these laws, having specialized legal representation becomes indispensable.
If you have been charged with a DUI in Virginia, it is important to speak with an experienced DUI lawyer to discuss your case. An attorney can help you understand the charges against you and your legal options.