Virginia DUI Forms

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.

DUI - Questionnaire

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems.

Virginia DUI Form Categories


Driving Under the Influence FAQ

What is DUI law? 

Drunk driving, driving while intoxicated (DWI), or driving under the influence (DUI), is typically determined by the alcohol content found in the driver's blood. Blood alcohol content (BAC) may be determined in two ways: through breath analysis or urinalysis. All but three states have lowered the legal limit of blood alcohol content from 0.10 to 0.08 percent. Also, thirty-four states have passed laws lowering the BAC to 0.02 percent or no amount for drivers under 21. Twelve states have also set a separate limit at 0.04 percent for commercial vehicle drivers.

Penalties for drunk driving are severe in most states. Virtually every state suspends the driver's license on a first offense, and the length of suspension increases sharply with each successive offense. There is, however, a great deal of variation in the lengths of suspension of driving privileges among the states. The newest development in the laws of drunk driving concern court-ordered attendance at an alcohol abuse rehabilitation program upon conviction for driving while intoxicated. Most have some sort of rehabilitation requirement for problem drinkers and drivers. Although sentences and penalties vary among different states and different courts, a person convicted of driving drunk may face any of the following:

  • A fine of $1000 or more
  • Probation
  • Revocation or suspension of the offender's driver's license
  • Impoundment of the offender's car or the installation of special locks on the offender's car
  • Special classes regarding drunk driving or alcoholism
  • Mandatory jail sentence

What are the defenses to DUI? 

A person charged with drunk driving usually attacks the arresting officer's observations or opinions. A defendant may also attack witnesses that tested the defendant's BAC, or the defendant may call on someone who can testify that the defendant was sober.

In addition to these strategies, a defendant could rely on one of several defenses. These defenses include the following: (1) necessity, which applies when a person must drive to prevent a greater evil; (2) duress, which applies when the defendant drives in order to avoid serious injury or death; (3) entrapment, which applies when an officer requests that a person drive drunk; (4) mistake of fact, which applies when a person has an honest belief that his or her BAC is below the legal limit; and (5) involuntary intoxication, which applies when the person has ingested alcohol without his or her knowledge.

Individual states take different positions with respect to the availability of these defenses. In general, however, these defenses rely on specific sets of facts and are each very difficult to prove successfully.

Top Questions about Virginia DUI Forms

  • How do I get my license back after a DUI in Virginia?

    To regain your license after a DUI in Virginia, you must complete your sentencing, including fines and attending any required programs. Once you've fulfilled these obligations, submit the necessary Virginia DUI forms for reinstatement. Additionally, consider consulting with authorities or legal professionals to ensure a smooth process.

  • How long does a criminal record last in Virginia?

    In Virginia, a criminal record does not automatically expire; it remains indefinitely unless expunged. Certain offenses, like DUIs, have specific statutes for handling their duration and reporting. Using the right Virginia DUI forms can help eligible individuals start the expungement process, allowing them to move forward.

  • What is a Virginia SP167 form?

    The Virginia SP167 form is a document used for restoring driving privileges after a DUI conviction. This form is essential for individuals looking to reinstate their licenses and must be submitted to the Virginia Department of Motor Vehicles. For assistance with filling out this form, our platform offers resources to simplify the process.

  • How to get a DUI off your record in Virginia?

    To remove a DUI from your record in Virginia, you may apply for expungement, but it is only available in limited circumstances. First, ensure you meet the necessary qualifications, then complete the correct Virginia DUI forms to initiate the process. Working with legal experts can also provide support to navigate this path effectively.

  • What does a Virginia background check look for?

    A Virginia background check typically reviews criminal history, driving records, and other public records. It can reveal DUI convictions, felonies, and misdemeanors. For individuals looking to understand their background, using specific Virginia DUI forms can help clarify how these records may affect employment or legal matters.

  • How long does a DUI stay on your license in Virginia?

    In Virginia, a DUI conviction remains on your driving record for 11 years. This timeframe is crucial as it impacts your insurance rates and driving privileges. To better understand your options, you can explore various Virginia DUI forms available on our platform that may assist you in this process.

  • How do I ask for a motion in court?

    To ask for a motion in court, you must generally present your request verbally during a hearing or submit a written motion to the judge. It's important to clearly explain your request and the reasons behind it. Utilizing Virginia DUI Forms can help you structure this request effectively, enhancing your chances of success.

  • Can you file a lawsuit without a lawyer in Virginia?

    Yes, you can file a lawsuit without a lawyer in Virginia, though it may be challenging. Self-represented individuals must adhere to the same procedural rules as lawyers. Using Virginia DUI Forms from our services can provide guidance and help ensure your paperwork is completed correctly.

  • What is the 21 day rule in Virginia?

    The 21 day rule in Virginia mandates that a party served with a motion has 21 days to respond. This rule ensures both parties have ample time to prepare their arguments. Understanding this rule is crucial, especially when dealing with Virginia DUI Forms, as it affects your case timeline.

  • How do I file a motion in Virginia court?

    Filing a motion in Virginia court requires drafting a motion that states your request clearly. After preparing the document, submit it to the court clerk, ensuring you follow all procedural rules. Virginia DUI Forms can help by providing structured templates that make the filing process easier.