In Virginia, there is no legal difference between DWI and DUI. DUI is an acronym for “driving under the influence” while DWI stands for “driving while intoxicated.” In some states, DWI is the more serious offense – however, in Virginia, these two terms are interchangeable.

In Virginia, DUI or DWI is defined as operating a motor vehicle while having a blood alcohol content (BAC) of .08% or more, or while under the influence of narcotics or self-administered intoxicants. Narcotics can include illegal drugs, prescription drugs and over-the-counter medications. To prove intoxication, police officers often use a breath test to determine BAC. If your BAC is over .08%, no other proof is required. A blood or urine test might be required to prove you were using narcotics. To show that a driver was “under the influence,” a law enforcement officer might use a field sobriety test or present your driving behavior as evidence.

DUI and DWI is a Class 1 misdemeanor. There are often hefty penalties for DUI, including:

• Five days in jail if BAC is between .15 – .20% or a passenger under 18 was in the vehicle
• Ten days in jail if BAC was above .20%
• Fines between $250 – $1,000
• One year suspended license
• Ignition interlock device required if BAC was .15% or greater
• Completion of the Alcohol Safety Action Program

The penalties for a second and third offense are even more stringent. Jail time is mandatory in these cases and you will lose your license for at least three years if convicted. Hiring a criminal defense lawyer in Virginia is crucial to avoiding a DUI or DWI conviction.

Following the initial arrest, you may have your license suspended for seven days or more. The Virginia Supreme Court ruled that the seven-day suspension is not a violation of a person’s right to be “innocent until proven guilty” because it was instated to protect the public. Contact a DUI lawyer in Manassas to learn more about your DUI and DWI rights.