Two serious traffic offenses that drivers may face are driving under the influence (DUI) and Reckless Driving. Both charges have significant consequences, but they differ in several ways. What should you know?
What is DUI or DUI-D?
In Virginia, a DUI occurs when someone operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% for greater. Impairment can also be due to the influence of drugs, though these substances do not have a specific concentration limit.
Consequences of a DUI conviction include:
- Mandatory fines and possible jail time, which increase with subsequent offenses
- Suspension of driving privileges
- Mandatory installation of an ignition interlock device on the offender’s vehicle
- Possible mandatory enrollment in alcohol education or treatment programs
Usually on a first offense, if there are no aggravating factors, jail time will be suspended in total but other penalties will be imposed. However, if it is a second or subsequent offense, jail time begins to be very real likelihood. It is important to note that in Virginia, there are three tiers to DUI charges: (1) BAC at .08-.14; (2) BAC at .15-.19; and (3) BAC greater than .20. In the second and third tier charges, there is mandatory jail that cannot be waived. Fines and duration of license suspension typically are increased at those levels.
In Virginia, it is also important to note that refusal to take a breathalyzer test can also be charged as a separate offense. It carries the same penalties but does not afford the individual the opportunity to get a restricted license.
A DUI or DUI-D can also be established based on a blood test, especially useful when the driver is in an accident, unconscious, and unable to blow in a breathalyzer.
A DUI or DUI-D will also result in substantial costs associated with court, fines, interlock, and insurance premiums and may make driving financially difficult.
What is Reckless Driving?
Reckless driving in Virginia includes a variety of behaviors that endanger the life, safety or property of others. This broad definition encompasses a range of behaviors. The most common is speeding over 20 mph above the posted limit or over 80 mph, regardless of the limit. Other actions can include aggressive driving, passing dangerously, or driving a vehicle that is not under control or has faulty brakes.
Reckless driving is a Class 1 misdemeanor in Virginia, punishable by up to 12 months in jail and a $2,500 fine. It carries (6) negative demerit points and can devastate your driving record and insurance.
Could the authorities charge you with both reckless driving and driving under the influence?
Yes, it is possible for the authorities to charge a driver in Virginia with both DUI and reckless driving. This situation might occur if the driver is under the influence and engaging in risky driving behaviors that meet the criteria for reckless driving. Facing both charges simultaneously can significantly increase the severity of the penalties and the long-term consequences of the convictions.
Because of the severe penalties that can result from either charge, it is crucial to have experienced legal representation when accused of drunk or reckless driving. You will be required to appear at an arraignment and will be advised of your right to counsel since both charges carry the possibility that you could go to jail. You may elect to accept a court appointed attorney if you are financially unable to afford a retained lawyer but should consult with an attorney to discuss options. A knowledgeable attorney can help navigate the legal system and advocate on your behalf. They may also be able to negotiate lesser charges or penalties.
Both DUI and reckless driving offenses are serious. We help clients navigate the perils of these charges regularly and look forward to speaking with you if you find yourself in this predicament.