Virginia Driving Under the Influence - DUI - Questionnaire

State:
Multi-State
Control #:
US-Q1012
Format:
Word; 
Rich Text
Instant download

Description

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 attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

If you refuse a blood or breath test there at the station, you will definitely be arrested and charged for violating Virginia's ?implied consent law.? This is a separate charge from your DUI and if convicted, you will lose your license for a year, with no possibility of obtaining a restricted license.

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) ...

The Commonwealth may charge you with drunk driving if you have a blood alcohol content of 0.07% or 0.06%, but the government will likely need to present additional evidence that your driving was impaired by alcohol.

Those who refuse a Breathalyzer test may face civil and criminal penalties, including: First Offense ? The first time someone refuses a Breathalyzer test, it is considered a civil offense, which will result in an additional one-year license suspension, in addition to any other DUI-related suspensions.

For instance, if an officer stops you and believes you are intoxicated, and you refuse to submit to a test to determine your blood-alcohol concentration (BAC), you may risk having your license suspended or even face jail time.

The maximum penalty for a DUI 1st in Virginia is $2500 but, typically, in most courts the fine is about $250 to $350, but this fine may increase in cases involving higher BAC's.

If you blow at or above the legal limit of 0.08 BAC, you will face an immediate administrative license suspension. The same thing will happen if you refuse a breathalyzer test after your arrest.

Driving Under the Influence means you were found to be driving with alcohol or other substances in your system.

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Virginia Driving Under the Influence - DUI - Questionnaire