In the days after your arrest, you may feel like you’re sifting through the wreckage after a tornado or a fire. You may be wondering how you’re supposed to even know how to deal with any of it? Your vehicle may be totaled, or impounded. Hopefully no one was injured. You’ll have questions now. Where is my driver’s license? Am I even allowed to drive? Is my arrest photo going to appear somewhere? Who will find out about this?
And you’ll have more questions as time goes by. Do I really have to go to court for this? Can’t I just hire a lawyer? Do I need a lawyer? I know I messed up, so what can a lawyer even do for me?
I can’t give anyone legal advice in an info sheet. But yes, you should consider looking for a lawyer. Because once you have a lawyer, their job is to help you find answers to your other questions.
What you're charged with
In Virginia, DUI (driving under the influence) and DWI (driving while impaired) are the same charge now. Driving while impaired used to be a lesser offense, but that law was repealed in 1972.
Today's DUI law, Virginia Code § 18.2-266, gives the state five ways to prove the charge:
Alcohol level. A blood or breath alcohol concentration (BAC) of 0.08 percent or more.
Impaired by alcohol. Being "under the influence" of alcohol.
Impaired by drugs. Being under the influence of any drug.
Impaired by both. Being under the influence of any mix of alcohol and drugs.
Drug level. Set minimum amounts of cocaine, methamphetamine, PCP, or MDMA (also called Ecstasy or Molly) in your blood.
All five lead to the same single charge: DUI.
Will I go to jail?
A first-offense DUI can carry up to 12 months in jail, but a conviction doesn't automatically mean jail time. It depends on the evidence in your case.
Some first offenses do carry a mandatory minimum, the least amount of jail a judge must impose:
A BAC of 0.15 to 0.20: at least 5 days
A BAC of 0.21 or higher: at least 10 days
A passenger younger than 18 in the vehicle: at least 5 days
Don't get too fixated on the minimums, though. Any DUI charge carries the possibility of jail, and the details matter in every case.
What to do this week
Keep every piece of paper you were given: your summons, your release papers, and anything about your license or your car.
Find your court date and put it on your calendar.
Write down your questions, including the ones above. Their answers depend on your case, and they're exactly what a first call is for.
Talk to a lawyer before your court date. Once you have one, their job is to help you answer every other question on your list.
Charged with a DUI?
A first call is free and takes about 15 minutes. Book a free call, or text (540) 858-5464.
This sheet is general information, not legal advice. Every case turns on its own facts. Reading it, or contacting me, doesn't create an attorney-client relationship.
