DUI Myth Book - What do I need to know about the law in my state? DUI Law in Virginia

Differences in DUI Law in Virginia from Other States

The Virginia legal system for DUI's has several notable differences from other states. These major differences will be outlined below. Also, it should be pointed out that Virginia's DUI laws change every year. By the time you read this the law may have changed again.

• DWI and DUI in Virginia are the Exact Same Offense
• Blood Alcohol Content ("BAC") relates to BAC While Driving
• Right to New Trial on Appeal to Circuit Court - Trial de Novo
• The trial courts rule on both fines, jail time and license suspension issues

In many states, a DUI charge leads to two separate trials. The criminal trial in Court in front of a judge who determines whether someone is guilty and what fine and/or jail time someone receives, and an administrative license hearing in front of that state's Division of Motor Vehicles. Virginia does not have a separate hearing for the determination of the status of someone's driver's license. By statute, the judge has to suspend the person's license for a specific time based on whether it is a first or subsequent offense. The judge has the authority to grant a Restricted License allowing the person to drive to work, school, alcohol education classes and certain medical and family situations.

In the book the above subjects will be explained. To get FREE access to the full 116 page book contact our office today at 757.969.5197.