I am arrested for DUI in another state, how does that affect my Virginia Driver’s License?

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I am arrested for DUI in another state, how does that affect my Virginia Driver’s License?

You hold a VA Drivers' License and you are arrested for DUI in another state - Contact Bedford VA DUI Law Firm Pack Law Group

If you hold a driver’s license in Virginia and get arrested for driving under the influence of drugs or alcohol in other state, that state will promptly inform Virginia of your transgression. That is because Virginia participates in the national Driver License Compact, a database for inter-state driving offenses. It also reports people who commit a driving offense in Virginia but live elsewhere.

It is important to understand that Virginia will treat you as though your DUI happened here. You can expect an immediate driver’s license suspension of one year once Virginia knows about your out of state drinking and driving conviction. In some cases, the consequences you face in your home state are more severe than they would have been in the state where your arrest occurred.

Possibility of a Restricted Virginia License

A restricted driver’s license allows you to drive to and from work or school, to obtain healthcare deemed medically necessary, and a few other necessary destinations. Although this type of driver’s license is severely limited, it at least allows you to remain employed. However, the state won’t issue you a restricted driver’s license automatically. You must petition the court at the local jurisdiction where you reside and show proof that a full license suspension would cause undue hardship.

You must also be prepared to meet all requirements for a restricted driver’s license in Virginia. These include:

  • Install an ignition interlock device in your vehicle. This requires you to blow into a breathalyzer each time you try to start your car. The engine won’t start if the device measures alcohol in your breath.
  • Complete the Virginia Alcohol Safety Action Program (VASAP). This may be one of the few places you’re allowed to drive with your restricted license.
  • Pay a driver’s license reinstatement fee
  • Provide proof of financial responsibility

Keep in mind that these requirements are in addition to anything imposed on you by the local court. Depending on your level of intoxication and previous DUI history, punishments for a DUI in Virginia may include additional fines, up to one year in the county jail, and the potential for the state to seize your car. Additionally, the DUI from out of state will count as a prior offense if you’re ever stopped for impaired driving in Virginia.

Fighting an Out of State DUI

You are not automatically guilty of driving under the influence in another state just because a police officer arrested you for it. In fact, you may be able to successfully argue in Virginia’s Circuit Court that the laws in the state of your arrest are not similar enough to Virginia’s laws to warrant any punishment. However, you need an experienced DUI lawyer to successfully make this argument. Matthew Pack and W. Cameron Warren of the Pack Law Group in Bedford, Virginia have many years of expertise representing those charged with DUI, both in and outside of Virginia.

Should a Circuit Court judge agree that DUI laws between the two states are too dissimilar, it may be possible to reverse your driver’s license suspension in your home state of Virginia. The state where you originally received the DUI may still suspend your license there, but that may have no effect on you if you have no reason to visit there again.

Our experienced Virginia DUI attorneys can also challenge the legality of you being pulled over on suspicion of drunken driving in the first place. The arresting officer must have had a valid reason for the traffic stop, and your DUI attorney can and will challenge this. Another possible defense is that the arresting officer used faulty equipment when measuring your blood alcohol level, resulting in a false reading.

Contact an Experienced Virginia DUI Attorney

Drunk driving is a serious offense with consequences that follow you for years. At this stressful time in your life, you need an attorney that will aggressively defend you in and out of Virginia on your Virginia DUI case. Please contact our aggressive DUI attorneys today at (540) 586-7225 or by using our website contact form to arrange a free review of your case.

What Happens in Virginia if I Get a Second or Third DUI

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What Happens in Virginia if I Get a Second or Third DUI

Drunk driving repeat offender - Pack Law Group

Virginia takes drunk driving very seriously, even when it’s a first offense. The consequences of being convicted of a second or third offense vary depending on your blood alcohol concentration (BAC) and how long it’s been since your first conviction. If you’re facing a repeat conviction, it’s essential to understand the penalties you’re up against. You will need an experienced DUI attorney in Virginia to help you fight or reduce the charges.

Penalties for a Second DUI Offense in Virginia

You can expect stiffer penalties if your second DUI charge comes within five years of the first. It is considered a Class One Misdemeanor and comes with an automatic $500 fine. A second DUI within five years also calls for a minimum one-month jail sentence, with no possibility of being released before you have served 20 days in jail.

You are considered legally intoxicated in Virginia if you have a BAC of .08 or greater. If the arresting officer records a BAC between .15 and .20, you automatically receive an additional 10 days in jail. This doubles to 20 days for a BAC greater than .20.

A second conviction that comes five to 10 years after the first is also a Class One Misdemeanor. It comes with a jail sentence of 30 days, of which you must serve at least 10 days. If your offense falls into this category and your BAC was between .15 and .20, you will receive an extra 10 days on your sentence and the amount of your fine doubles from $500 to $1,000. For a BAC over .20, jail time is an additional 20 days and the fine amount remains $1,000.

You can also expect suspension of your Virginia driver’s license for three years. You may be able to apply for a restricted license in four months if your first DUI charge was five to 10 years ago. You must wait one year if the first charge was within the last five years.

Additionally, you are required to have an interlock ignition system installed in your vehicle if your driver’s license has been suspended. This system comes equipped with a breathalyzer that you need to blow into before the vehicle will start. It will not start if your BAC is over the legal limit.

Penalties for a Third DUI Offense in Virginia

If you are convicted of a third drunk driving offense within five years of your second charge, you can expect a minimum $1,000 fine and six months in jail. The jail sentence is at least 90 days if it has been longer than five years since your last DUI offense.

A third DUI in Virginia is considered a Class Six Felony, regardless of how long it has been since your last charge. A judge could sentence you for up to five years in a state penitentiary and impose a fine of up to $2,500. You face an indefinite suspension of your driver’s license and seizure of your vehicle for a third DUI offense as well.

The penalties listed here for second and third drunk driving convictions are only the minimum the state requires. Judges have the discretion to impose much harsher penalties depending on the situation, such as an extremely high BAC or driving intoxicated with minors in the car. Prosecutors also have a lot of freedom in deciding how to charge you for a second or third DUI.

Hire an Experienced Virginia DUI Attorney as Soon as You Have Been Charged

Keep in mind that being charged with DUI doesn’t necessarily mean you’re guilty of DUI. However, you can expect immediate and aggressive action by the prosecution. For this reason, it’s important to seek your own representation as quickly as possible.

Matthew Pack and W. Cameron Warren are both experienced DUI defense attorneys. Mr. Warren previously worked as a prosecutor and has police training in the apprehension of drunk driving suspects. As a defense attorney, this knowledge is invaluable when it comes to understanding the perspective of the prosecution. Mr. Pack’s extensive courtroom experience challenging the evidence presented by the prosecution could mean the difference between a successful outcome and possible jail time. Please don’t hesitate to contact Pack Law Firm to start the process of your legal defense against a DUI charge. Contact our office at (540) 586-7225 or online by using our website contact form.inia

Drunk Driving Accidents in Virginia

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Drunk Driving Accidents in Virginia

Drunk driving and car accidents - Pack Law Group

In Virginia, you are under the influence of alcohol if your blood alcohol measures at a certain level or above. For drivers over age 21, anything over 0.08 percent blood alcohol concentration is against the law. The amount decreases to 0.02 percent for drivers under 21 and 0.04 percent for commercial drivers. Virginia has little tolerance for impaired driving and the consequences of a conviction can be significant.

If you are pulled over and a police officer requests that you take a breathalyzer, it is in your best interest to take the breathalyzer test, regardless whether you feel impaired. Refusing to comply can bring a one-year suspension of your driver’s license, even if it is the first time you have ever been stopped. The Virginia DUI defense attorneys at Pack Law Group will challenge the legality of the test later if necessary.

Is a Drunk Driver Always at Fault in a Car Accident?

Although many people assume that a driver found to be under the influence is always responsible for a car accident, this isn’t always the case. For example, someone with no alcohol in their system who rear-ends you at a stoplight would be the at-fault driver. However, the responding police officer will give you a sobriety test if he or she suspects that you have had too much to drink. You will be charged with a DUI if your BAC is over .02, .04, or .08, depending on your circumstances.

Many people who have consumed alcohol before driving panic in the aftermath of an accident. This causes them to make the poor decision of leaving the scene, which makes the situation and the consequences significantly worse. It is critical in a case like this to remain at the scene and contact Pack Law Group immediately for legal assistance.

Who Pays for Damages in a Drunk Driving Accident?

This can be a complicated question to answer if you were legally intoxicated at the time of the accident but didn’t necessarily cause it. If a police officer gets a reading on your breathalyzer that is above the legal limit, he or she will probably assume that you caused the accident. You may not feel like you have much of a defense in this situation, which is why you need to work with an experienced Virginia DUI defense attorney. It’s likely that you will still face charges for impaired driving, but we will argue on your behalf that you’re not responsible for paying damages to the other party.

Virginia law enables juries to award compensatory damages to accident victims. This money is intended to make the injured person as whole as possible by offering compensation for the following:

  • All medical expenses related to the accident, including future medical costs
  • Actual lost wages and loss of earning potential, if applicable
  • Ongoing pain and suffering
  • Replacement of damaged property, such as the other party’s vehicle and any valuable items contained within it

The more severe the injuries and other losses, the higher the payout the accident victim can receive. As the defendant in a personal injury lawsuit, the money to settle the case would be paid by your insurance company. Many lawyers for plaintiffs advise clients not to accept the first offer an insurance company makes. This is how personal injury cases end up in court.

Virginia Code § 8.01-44.5 allows juries to award additional compensation to people injured in a car accident if the actions of the other driver were particularly reckless. Punitive damages can be up to $300,000 and drunk driving falls into this category. If awarded, punitive damages can be much higher than compensatory damages because they are intended to punish the impaired driver.

Don’t Automatically Accept Blame for Injuries or Damages

Getting charged with drunk driving is difficult enough. However, you shouldn’t feel obligated to pay for the injuries or damages of the other party if your actions didn’t directly cause the accident. We urge you to contact us at Pack Law Group to determine if we can represent you in the DUI case or the personal injury case. Matthew Pack and W. Cameron Warren have successfully argued countless complicated cases like yours. We represent people in Bedford, Virginia and the surrounding communities and are here to help you through a stressful time. Contact our experienced DUI defense attorneys at (540) 586-7225 or online by using our website contact form.

Driving Under the Influence of Drugs in Virginia: What You Need to Know

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Driving Under the Influence of Drugs in Virginia: What You Need to Know

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Virginia has some of the country’s toughest laws on driving under the influence of alcohol. Likewise, Virginia also has tough laws punishing those who drive under the influence of drugs like cocaine, marijuana, or MDMA. Convictions for driving under the influence of drugs, or DUID, can result from illegal, prescription, or over-the-counter drug use, making it critical that drivers understand the laws. Read on to learn about DUID convictions in Virginia, and contact a DUID defense lawyer as soon as possible after an arrest.

Arrests and convictions for DUID in Virginia

An officer may pull over a driver on suspicion of DUID after observing irregular driving, or while running a sobriety checkpoint. A driver can be convicted of a per se DUID when they are found to have above a certain quantity of an illegal drug in their system pursuant to a blood test. Under Virginia’s implied consent laws, any drivers on Virginia roads are considered to have consented to taking a breath or blood test after being arrested for driving under the influence of drugs or alcohol, or for driving on a revoked license. Should drivers refuse to take this test, they could be convicted of the crime of refusing a blood test, which comes with its own harsh penalties.

If a driver is found to have the following drugs in their system, they will be assumed to have been intoxicated while driving:

  • .1 milligrams of meth
  • .1 milligrams of PCP
  • .02 milligrams of cocaine
  • .1 milligrams of MDMA

Unlike the laws governing DUIs for alcohol intoxication, there is not always a clear rule on how much of a drug must be present in a driver’s blood to result in a DUID conviction. For example, no hard-and-fast rule exists establishing how much of marijuana’s active ingredient THC must be present in a driver’s system to result in a DUID conviction, nor is there a measure for how much over-the-counter or prescription medication in a driver’s system is too much.

As a result, police officers rely on evidence such as witnessing unsafe driving behaviors before pulling a driver over, the smell of marijuana smoke on the driver’s clothing, visual cues such as bloodshot eyes or dilated pupils, and the driver’s performance in field sobriety tests. A skilled DUID defense attorney may be able to counter this subjective evidence, such as with expert testimony on the unreliability of field sobriety tests for proving drug intoxication or evidence of other physical conditions that could result in these effects.

Penalties for a DUID conviction

The penalties after a conviction of DUID can be severe, including:

  • Up to 12 months of jail time for a misdemeanor conviction
  • Up to five years in prison for a felony conviction
  • Mandatory jail sentences for felony convictions
  • Suspension or revocation of driver’s license
  • Completion of a substance abuse program
  • Ignition interlock installation and accompanying costs
  • Court costs and fines

If you’ve been arrested for driving under the influence of drugs in Virginia, get the legal help you need to fight these charges by contacting the knowledgeable and skilled DUID defense lawyers at the Pack Law Group for a consultation, at 540-586-7225.

How do Ignition Interlock Systems Work?

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How do Ignition Interlock Systems Work?

dui in virginia

On our blog, we’ve discussed the stiff penalties faced by Virginia drivers who are found guilty of driving under the influence. One of the penalties imposed on all those convicted under Virginia’s DUI laws is the requirement that the convicted person only drive a vehicle that uses an ignition interlock system. Learn more below about Virginia’s laws on Ignition Interlock Systems after a DUI, and contact a skilled criminal defense lawyer after you’re charged with a DUI in Virginia.

How does an ignition interlock system work?

Ignition interlock systems (IIS) are devices installed on vehicles that prevent drivers from starting their cars if they have a blood alcohol level over .02%. In Virginia, first-time DUI offenders who wish to obtain a restricted license during the period that their license is suspended after a DUI will be required to have an IIS installed on their vehicle for at least six months. This period may be longer depending on the facts of the case and the judge’s decision. Those who do not need a restricted license to get to school or work will not be required to have an IIS installed after their first conviction. However, after a second conviction, drivers will be required to have an IIS installed for a court-determined period of time after their conviction.

Virginia also mandates that an IIS installed after a DUI requires the driver to complete a breath test upon first starting the vehicle, and that drivers complete rolling retests. A rolling retest requires a driver to complete another breath test after the car has been started as a way of ensuring that the driver is the one who completed the initial test that started the car. If the driver fails to complete a rolling retest, or the rolling retest indicates that the driver has a blood alcohol level over .02%, the car won’t come to a stop, but the vehicle’s lights will flash and horn will sound.

Drivers with an installed IIS subject to monitoring and maintenance requirements

During the period that a driver is required to have an IIS on their vehicle, they will need to be enrolled in an alcohol safety action program (often known as an ASAP program). The individual will need to submit a printout of the electronic log maintained by the IIS at least once a quarter, which will display the driver’s blood alcohol level during all breath tests, as well as any failed attempts to start the car, failed rolling retests, and attempts to tamper with the device. A violation could result in jail time. Every 30 days, drivers will need to return to the location where they had the IIS installed for the IIS company to perform maintenance on the device, and to download all data that the device has stored. If the data reveals a violation, it will be turned over to the court.

Not only is an IIS a hassle, it can be expensive. Drivers are required to shoulder the cost of having the device installed by a private IIS company, as well as pay a monthly fee to lease the device. Typically, these devices cost about $80 a month, plus installation and, sometimes, removal fees. You’re allowed to select the company offering the most cost-effective IIS. However, preventing a conviction for a DUI in the first place is the best way to save yourself time and money.

If you’ve been charged with a Virginia DUI, seek responsible and capable legal help to defend yourself against these charges, and contact the Martinsburg DUI defense attorneys at the Pack Law Group for a consultation, at 540-586-7225.

Behaviors that Police Use as Proof of Drunken Driving

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When out on patrol, especially in the later hours of the night, police officers in Virginia will look for certain indications that a driver is driving while drunk or under the influence of drugs. While law enforcement tend not to publish the criteria they use, the National Highway Traffic Safety Administration (NHTSA) publishes a list of 24 cues that an intoxicated driver might exhibit while on the road, and also signs of intoxication that officers may detect once the driver has been pulled over. These criteria will often appear in an arresting officer’s testimony during a DUI trial.

The NHTSA’s list of signs of drunk driving include:

  • Failing to signal a turn or lane change
  • Turning with too wide a turn radius
  • Following other vehicles too closely
  • Difficulty staying in one lane of traffic
  • Stopping inappropriately or in an unsafe location or manner in response to an officer pulling the driver over
  • Driving too fast
  • Driving too slow

After the driver has been pulled over, law enforcement officers are on the lookout for such signs as:

  • Difficulty with a car’s controls, such as the headlights, hazards, or gears
  • Nervousness when talking to the officer
  • Shaking hands or fumbling when pulling out their driver’s license and registration
  • Changing answers or providing wrong answers in response to an officer’s questions
  • Taking too long to respond to an officer’s questions, or asking the officer to repeat themselves

As you can see, many of these behaviors aren’t purely signs of drunken driving; they’re errors that anyone could make. In fact, many of these behaviors could be the result of being nervous while a police officer follows closely behind you on the road, or due to being pulled over. Many times, an officer will assume that you’re drunk if you made a driving error while on the road late at night, and will then look for evidence to confirm that assumption. This is a reasoning error known as “confirmation bias,” and a seasoned Virginia DUI lawyer will know how to dismantle weak arguments based on such flawed assumptions when defending you against DUI charges.

If you’re facing DUI charges in Virginia, make sure you’re heading into court with the best possible defense, and contact the skilled and aggressive DUI defense lawyers at the Pack Law Group for a consultation, at 540-586-7225.

Why Do I Need a Lawyer for a DUI Arrest?

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If you’ve recently been arrested on suspicion of driving under the influence in Virginia, you may be wondering whether or not it’s worth the expense to hire an attorney to represent you. After all, aren’t these cases pretty straightforward? Considering how common DUIs are, how serious could the consequences of a conviction be? You may be surprised to learn how much a DUI conviction matters, and how much of a difference it can make to hire an attorney to defend you. Read on to learn about why you need a lawyer for your DUI case.

  1. There may be reasons why your initial stop or arrest was illegal. If you’re detained or arrested on suspicion of a DUI, law enforcement officers are required to comply with numerous procedures intended to protect your rights under the laws of Virginia and the US Constitution. Without experience in criminal law, it can be difficult to know whether or not police officers acted in accordance with the law when placing you under arrest or interrogating you. An attorney can tell you whether or not your arrest complied with the law, and if not, they may be able to get the charges against you dismissed entirely.
  2. An attorney will have the time and resources to dedicate to a full defense. If you decide you wish to fight the charges against you, you would need to spend hours learning the laws and procedures necessary to defend yourself, as well as time deposing witnesses, writing out your arguments, and gathering evidence. An attorney will be able to do this work on your behalf, as well as introduce expert testimony on the reliability of chemical tests and other evidence you may not think to include, all in a manner that a court is more likely to find effective.
  3. The expenses from a DUI conviction will follow you for years. Virginia imposes harsh penalties on first-time DUI offenders, including court fees, fines, loss of your driver’s license, and possible restitution costs. Additionally, even first-time DUI offenders will be required to install an ignition interlock device on their vehicle, which involves expensive leasing and installation fees. These immediate costs are in addition to the penalties you may pay in the form of lost work or reduced job prospects due to your criminal record, and the enormous hike in your car insurance rates. Offer yourself the best possible chance of avoiding conviction, or of receiving a reduction in charges, by hiring a lawyer to fight on your behalf.

If you’re facing charges of driving under the influence in Virginia, speak with the aggressive and determined DUI defense lawyers at the Pack Law Group as soon as possible after an arrest by calling 540-586-7225.