In 2010, there were more than five million licensed drivers in Virginia. In that same year, the Commonwealth reported 740 fatalities and over 61,000 injuries related to roadway accidents. Of this number, 274 fatalities and over 5,500 injuries involved alcohol-related crashes. With impaired driving contributing to approximately 37 percent of all traffic fatalities, Virginia legislators and law enforcement have made it a priority to keep impaired drivers off the road.
All states have statutes addressing drunk driving, and many have included sections that address driving under the influence of substances, both prescription and illegal. For Virginia drivers, generally, the law prohibits driving while intoxicated. Those operators with blood alcohol concentrations (BAC) of .08 will be deemed driving while intoxicated (DWI). In some cases, lower BACs would still result in charges if the driver's abilities are significantly impaired.
When law enforcement suspects DWI situations, Virginia drivers can be asked to submit to a breath test. Breath test refusals come with their own penalties. Those found guilty of DWI face mandatory fines, license suspension and possible jail time. Habitual offenders run the risk of longer term incarcerations, loss of bail or bond release, longer term driver license suspensions, felony prosecution and surrender of vehicles, or the installation of interlock devices.
For underage drivers, the current law makes underage drinking a Class 1 misdemeanor. Those teen drivers with a BAC of .02 or higher will be subject to a one-year license revocation and the option of either a $500 mandatory minimum fine or 50 hours of community service. With 22 teens killed in 2010, and another 543 injured on the state's roads as a result of alcohol-related crashes, this new law became effective July 1, 2011; however, for those found with BACs .08 or over, adult penalties apply.
Law enforcement officials consider drunk driving as much a public health as a public safety concern. Those drivers arrested or convicted of DUI or DWI can lose many rights which will impact their ability to work and share time with family. If charged with impaired driving offenses, drivers should seek the advice of experienced legal counsel.


















