The essential difference between DWI and DUI, although the State of Virginia does recognize these terms interchangeably, is whether a Breath Test or Blood Sample test was administered. A Breath Test or Blood Sample Test is used to determine your BAC, which leads to a DWI charge if the person in question fails. A DUI charge however can be a result of either refusing to submit to a test, or appearing to be intoxicated to the point that the alcohol consumption affects disposition and behavior.
Yes. First and foremost, marijuana DUI charges are almost without exception more subjective than an alcohol DUI charge. As a defendant, this changes certain things, and can ultimately have both positive and negative repercussions for your case. According to Va. Code Ann. § 18.2-266, Virginia drivers operating a vehicle while under the influence of any amount of marijuana are technically breaking the law. With alcohol, however, there is considerable leniency for drivers whose blood alcohol content (“BAC”) is under 0.08 as measured by a Breathalyzer.
In Virginia, per Va. Code §18.2-268.3, if you are convicted for refusing to take a Breathalyzer, you can face various penalties including fines, driver’s’ license suspensions, and jail time. For a first time refusal conviction, your driver’s’ license may be suspended for one year, and you will be ineligible to drive for any reason, at any time, during that year. That’s right. You will not be granted a “restricted license.” This means no driving to work, school, daycare for your child, doctor’s appointments, even religious services.
– $250 Fine (Which can increase to $500 if a minor was present, but will not exceed $2500)
– No Mandatory Minimum Jail Sentence
– Class 1 Misdemeanor
* Second DUI Offense In Virginia in 5 years
– 30 days in Jail
– 20 days of this sentence are mandatory
– Fines ranging between $500 and $2500
* Third DUI Defense In Viriginia in 5 Years
– Minimum $1000 fine
– 6 Months In Jail
– License Revoked Indefinitely