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First DUI

Have you been charged with First offense of DUI in Virginia?

Are you concerned about the consequences of being charged with First offense of DUI in Virginia?

As per Virginia Code § 18.2-266

“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) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v)…”

First DUI

For a lot of our clients, a charge with First offense of DUI can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court alone if you have been charged with a crime of DUI in Virginia.

If you have been charged with a criminal offense of DUI in Virginia, contact our law firm for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

First DUI

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Powers v. Commonwealth

Facts:

Appellant sought review of his conviction in the Circuit Court of Fairfax (Virginia) for driving under influence first offense (DUI), claiming that the court erred when it refused to allow testimony relating to his alleged physical inability to take a breath test following his arrest, because pursuant to Va. Code Ann. § 18.2-268.2(B), if appellant was unable to take the breath test, then police were required to give him a blood test.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • Code Ann. § 18.2-268.2(A), the implied consent law, mandates that any person arrested for violating Va. Code Ann. § 18.2-266 within two hours of such offense shall be deemed thereby as a condition of such vehicular operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol and/or drug content of his or her blood. Subsection (B) mandates that a person so arrested for such violations shall submit to a breath test. The subsection further directs that if the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given.

If you have been charged with a criminal offense of DUI in Virginia, contact our law firm for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

First DUI

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

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