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The Davis Law Firm has served Rocky Mount, Virginia and surrounding areas for over 100 years. Our experienced trial lawyers are skilled in DUI and DWI representation. Put our experience to work for you before one night’s mistake becomes a lifetime of regret.

Driving While Intoxicated (DWI)

It could be your birthday, happy hour, a night out with the girls, or dinner with the family.  You’ve had a few drinks and you decide to get behind the wheel to go home instead of calling a cab.  It’s ok, right?  You’re only going 3 miles and you haven’t had that much to drink.

Wrong.  A 160 pound man can be legally drunk if he has as few as five drinks over the course of three hours.  Think of how many times you’ve polished off a six-pack while watching the big game and then felt fine to drive home.  Don’t let that decision ruin your life.  At the Davis Law Firm, we are experienced in defending Virginia DUI and Virginia DWI cases in ways that allow our clients to avoid the potentially crippling criminal sanctions that can come from those charges.

What’s at Risk?

Your first DUI or DWI conviction under Virginia law is a class one misdemeanor, which carries with it a maximum of 12 months in jail and a fine of up to $2,500.  You will also lose your license for one year, which you will have to petition the court to get back on a restricted basis. You will also be required to attend the Virginia Alcohol Safety Program (VASP) which costs approximately $300.

If your blood alcohol level was between .15-.20, you will serve at least five days in jail.  This is an absolute minimum sentence.  A judge who finds you guilty of a DWI or DUI in Virginia must sentence you to at least five days.

If your blood alcohol level was over .20, the mandatory jail sentence increases to ten days. If you are convicted of a second offense within five (5) years after a prior offense, then the punishment is a mandatory fine of $500 dollars and confinement in jail of twenty (20) days mandatory. A third offense of DUI within a ten (10) year period becomes a Class Six Felony, which would be a minimum sentence of one year and a maximum sentence of five years. (Has a chart that he would like to add here, wherever you think it would be best)

The Field Sobriety Test

You are not required to take the Field Sobriety test in Virginia. Field sobriety tests allow police officers to determine whether they have probable cause to make an arrest.  The National Highway Traffic Safety Administration (NHTSA) has developed three standardized field sobriety tests:

The Horizontal Gaze Nystagmus
In the Horizontal Gaze Nystagmus (HGN) test, the officer will ask the suspect to follow a slow moving object (typically a pen or flashlight) as it moves horizontally.  HGN refers to the involuntary jerking of the eyeball that naturally occurs as your eyes gaze from side to side.  Intoxicated people have trouble smoothly tracking the object as it moves

In this test, the officer is looking for three indicators of impairment: (1) the eye cannot follow the object smoothly, (2) the jerking is distinct, (3) the angle of onset of jerking is within 45 degrees of center.  If, between both eyes, the suspect shows more than four signs, it is likely that his BAC is greater than 0.10.

The Walk & Turn
Walk & Turn is referred to as a “divided attention” test.  It judges how well the suspect can follow directions when dividing their attention between simple exercises.  Under this test, the suspect is asked to take several steps, heel to toe, pivot on one foot and take the same number of steps back.

Officers are looking for the subject to begin walking before the instructions finish or to lose his balance during the test.

The One-Leg Stand
This test is also a “divided attention” test.  As the name implies, the officer asks the subject to stand on one-leg for up to 30 seconds while counting aloud.  Signs of impairment with this test include swaying, loss of balance, inability to count, and slurred speech. 

I Refused to Blow into the Intoxolyzer.  I’m Good, Right?

Not in Virginia.  By driving on a public road or highway, you have given your implied consent to having your breath or blood tested when you are arrested for a DWI.  There are two different breath tests that an officer may give you. The first test is the preliminary breath test (PBT) which is a small device that police officers keep in their cars. The other breath test is called the Intoxilyzer. It is a larger machine, usually found at the police station. You are not required by law to take the PBT test, however, you are required to take the Intoxilyzer at the police station. You are also required to take a blood test if the officer requests one.

If you refuse to blow into a breathalyzer or give a blood sample, the officer will remind you that you are required to do so and ask you to sign a refusal form.  If you still refuse and a judge later decides that your refusal was unreasonable, your license will be suspended for an additional year.  Unlike the regular suspension, you will be completely unable to apply for a restricted license.

If you have refused the blood or breath test, you need aggressive representation and a lawyer who specializes in DUI defense.

What if I’m Under 21?

If you’re under the legal drinking age, the standard 0.08 BAC limit no longer applies.  Virginia, like most other states, employs a 0.02 limit on drivers under the age of 21.  Being caught with a BAC between 0.02 and 0.08 will result in the possibility of twelve (12) months in jail, a fine of up to $2,500 with $500 mandatory, a minimum of fifty (50) hours of community service, and a twelve (12) month suspension of your license.

The Davis Law Firm has served Rocky Mount, Virginia and surrounding areas for over 100 years.  Our experienced trial lawyers are skilled in DUI and DWI representation.  Put our experience to work for you before one night’s mistake becomes a lifetime of regret.

Our firm defends clients in Roanoke, Rocky Mount, Boones Mill County, Franklin County, Bedford County, Martinsville and Henry County, VA.
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Blog for Driving While Intoxicated (DWI)

Library for Driving While Intoxicated (DWI):

  • Virginia Blood Alcohol Content (BAC)   
    Description: The reason BAC is so important is that every state has laws that prohibit operating a motor vehicle after the alcohol in your blood has reached a certain level.
  • Sobriety Checkpoints - Are They Even Legal in Virginia?   
    Description: Many people wonder about whether sobriety checkpoints and roadblocks are even legal - and with good reason. The Fourth Amendment of the Constitution is very clear about protecting citizens from illegal search and seizure, and it applies not only to our homes but also to our cars.

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Helping people with criminal charges in Virginia:
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