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I drive a commercial vehicle and I was arrested for drunk driving while operating that vehicle in Virginia. My blood alcohol level was lower than 0.08 percent. What should I do?

Commercial Drivers and Drunk Driving Laws in VirginiaEven if your blood alcohol content (BAC) was lower than 0.08 percent, you should take the drunk driving charge seriously and you should contact an experienced DUI defense lawyer as soon as possible.

Virginia Drunk Driving Laws Are Different for Commercial Drivers

While a BAC of 0.08 percent is the legal standard for typical drivers, Virginia (like most states) has stricter drunk driving laws for commercial drivers. According to §46.2-341.24 of the Code of Virginia, the Commonwealth of Virginia may convict a commercial driver of drunk driving if one or more of the following is true:

  • The driver has a BAC of 0.04 percent or higher

  • The driver is under the influence of alcohol

  • The driver is under the influence of drugs

In order for the prosecutor to get a conviction in your case, the Commonwealth must prove that you drove or operated a commercial motor vehicle while under the influence of alcohol.

Virginia Penalties for Driving a Commercial Vehicle While Intoxicated

Fines and jail time are possible consequences for a commercial driver who is convicted of a DUI. Any commercial driver who is convicted of a DUI may face a potential fine of at least $250. Additionally, jail time can range from a few days to a year depending on your blood alcohol level as confirmed by a chemical test for your first offense and then by the number of times you have been convicted for subsequent offenses.

Of course, a DUI conviction could also have a significant impact on your ability to keep your job or to get another driving job.

You Have a Lot at Stake—Contact a Virginia DUI Defense Lawyer Today

Fines, jail time, and loss of employment are serious consequences. It is important to make sure that you have a proper defense so that any potential penalty is fair and that potential penalties can be avoided to the extent possible.

To learn more about your rights, and about how to protect yourself, please contact us to schedule a free, no-obligation consultation with an experienced DUI defense attorney. We also encourage you to download a copy of our free guide: The Guilt Myth Explained DUI DWI Arrest Survival Guide today.

 

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