DRIVING UNDER THE INFLUENCE

The crime is not Driving while Intoxicated.  Intoxication has little or nothing to do with it.  The crime is operating a motor vehicle while your blood alcohol content is over a particular level.  Then you are deemed – by law – to be under the “influence” of alcohol and subject to arrest on a class one misdemeanor.

For someone under age 21 even one drink constitutes the crime.  For the rest of us the level must reach .08 (just a few drinks).

The easiest way to avoid this problem is to avoid drinking and driving.  But if you are going to have a glass of wine and drive home you need to know what happens.

Consequences of a conviction on a first offense DUI

* Lose your drivers license for a year,

* A fine of up to $2,500. 

* Jail time of up to one year.

* Mandatory attendance in the VASAP program – at least twenty classes of two hours each.

* An ignition interlock on your vehicle

* Your automobile insurance will jump in premiums

*You can apply for a restricted drivers license to drive to and from work and to and from a Virginia  Alcohol Safety Program.

CRIMES AND OFFENSES GENERALLY

It used to be if the crime was more than a year in jail it was a felony.  Less than one year in jail was a misdemeanor.  Today the lines are more blurred and in Virginia it is a function of whether or not you can go to a state prison rather than a county or city jail. 

The Virginia code specifically says that offenses punishable with death or confinement in a state correctional facility are felonies while all other offenses are misdemeanors.  Traffic infractions are violations of public order and are not deemed to be criminal in nature.

Felonies have been divided into six classes  Misdemeanors are divided into four classes.

Class one felonies are punishable by death, or imprisonment for life and/or a fine of not more than $100,000 while the lowest, class six felonies, could be as little as up to twelve months in jail and/or a fine of up to $2,500.

Class one misdemeanors include up to twelve months in jail and/or $2,500 fine while the lowest misdemeanor – class four – has a maximum punishment of a $250 fine.

You lose many important rights when convicted of a felony, such as voting, owning a gun, holding certain offices, etc.

And there are a number of Federal felonies and misdemeanors that apply as well.  So too could you be charged under county or city codes with their own set of punishments.