In Newport News Virginia, driving under the influence is defined as operating or driving a motor vehicle with a blood alcohol concentration that is greater than 0.08 or driving under the influence. So you are not necessarily required to be intoxicated by alcohol in Newport News to be charged with a DUI. You can also be found to be under the influence of drugs or even prescription medication if it causes you to be driving under the influence in way that is unsafe.
If you have been accused of driving under the influence, call today and schedule a free consultation with a Newport News DUI lawyer to discuss your case.
In Newport News, Virginia, you don’t have to blow a 0.08 BAC to get charged. You can be charged with driving under the influence if officer feels you are impaired to a point that it is dangerous for you to be driving regardless of what your blood alcohol content is going to be.
There is no difference between driving while intoxicated (DWI) and driving under the influence (DUI) in Virginia. There used to be a difference many years ago but in Virginia now DWIs and DUIs are treated exactly the same way and they have the same things that need to be proved in court. The consequences are the same and there’s really no difference and usually DWI and DUI are used interchangeably.
Newport News law enforcement officers definitely enforce DUI laws heavily. There’s very low tolerance in the Hampton Roads area in general for DUI’s and it’s very rare that someone walks away after being pulled over for suspected driving under the influence.
Yes, in Newport News, DUI checkpoints are frequently found on Jefferson Avenue and on Warwick Boulevard.
In Newport News, DUI cases are handled by the police station initially. At the police station, the defendant will be asked to blow into the breathalyzer or to provide a blood sample so that they can determine his BAC.
Virginia has what is called an implied consent law, which means that anyone who is driving in Virginia impliedly consents to offering a blood test or a breath test if the officer has reasons to take one. This needs to take place within 3 hours of driving. The breath test is standardly used but sometimes the blood test is used instead.
The refusal of the one at the station may be used against somebody in court and it can also result in a 1 year license suspension. While the first refusal is not a crime, it still will be a civil offense, which can have negative effects. And if someone refuses again within 10 years then it will be a class 1 misdemeanor.
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