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Q. Do I need a lawyer? |
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A. If your case involves a possibility of
imprisonment, loss of license privileges, or
a large fine, an attorney is absolutely
necessary to protect you and your interests.
A qualified attorney can assist you in all
stages of your criminal or traffic defense.
A lawyer can help you decide whether to
plead guilty or not guilty, prepare you and
all necessary witnesses, investigate all
facts about your case, and help you decide
how to best proceed. Whether your plea is
guilty or not guilty, an attorney can decide
how best to defend your case, put all
appropriate facts into evidence, possibly
work out an agreement with the prosecutor,
and ensure that all relevant circumstances
are presented to the judge for maximum
benefit to your case. |
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Q. What are your rights in court? |
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A. First and foremost, you have the right to
an attorney of your own choosing in every
type of criminal or traffic case. If you
cannot afford an attorney, and are charged
with a crime that may include time in jail,
the judge may agree to appoint an attorney
for you if you fall within the state
financial guidelines. You have the right to
plead not guilty in all types of criminal or
traffic cases. The burden of proving you
guilty is on the Commonwealth Attorney
(Prosecutor), except in certain types of
Driving While Intoxicated cases. You have
numerous other legal rights that a qualified
attorney can explain in detail. |
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Q. Is there a difference between driving
while intoxicated and driving under the
influence of alcohol? |
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A. No. Virginia only has one type of offense
for drunk driving, regardless of the breath
test results or driving behavior. |
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Q. What are the penalties for being found
guilty of driving while intoxicated (DWI)? |
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A. We have proved a chart
here for you to
reference. The penalties are more serious if
there is a previous offense of drunk
driving. However, the prosecution must
always prove that the accused is guilty of
Driving While Intoxicated and, if
applicable, must also prove that there was a
previous offense. |
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Q. What do the blood or breath test results
mean? |
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A. If the results of the tests are ruled
admissible into evidence, Virginia law
states that the following rebuttable
presumptions are raised:
.00-.05: It shall be presumed that the
accused was not under the influence of
intoxicants.
.05-.08: There is no presumption, but this
fact may be considered along with other
evidence.
.08 or higher: It shall be presumed that the
accused was under the influence of
intoxicants. |
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Q. What happens if I refuse to take the
blood or breath test? |
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A. You may be charged with refusal, which
carries a twelve month license suspension. |
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Q. What is the Alcohol Safety Action Program
(ASAP)? |
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A. ASAP is a statewide alcohol program
designed solely for those individuals
convicted of DUI / DWI. Through education
and counseling, the program offers the
opportunity for each participant to learn
about drinking and driving, and make
whatever changes are necessary to avoid the
circumstances which led to the DUI / DWI
arrest. |
