DUI and DWI are largely interchangeable in Virginia. Some states have differing degrees of culpability when it comes to driving and alcohol. So, a person who is over a certain minimum limit can be said to be “Driving While Intoxicated” another person who may be under that limit but still exhibited questionable driving behavior might be said to be “Driving Under the Influence” (of an intoxicant). Again, in Virginia, there is no such language difference. Virginia simply refers to the charge as “Driving Under the Influence.”
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