Eric Roland Spencer Law Firm - FAQs
Driving Under the Influence in Virginia
I have been charged with drunk driving. Should I get a lawyer?
Defending against a drunk driving charge is serious business. The defense attorney you choose must understand scientific and medical concepts, and must be able to question experienced witnesses, including scientists and police officers. If you want to fight your drunk driving charge, you are well advised to hire an attorney who specializes in these type cases. Eric Roland Spencer has tried numerous drunk driving cases in his 30-year career.
Do I have to take a blood, breath, or urine test if asked to do so by the police?
You have the right to refuse a chemical test (blood, breath or urine), but almost every state, including Virginia, has an “implied consent” law. Under such laws a refusal may result in a suspension of your driver’s license.
A first offense or refusing to take a blood or breath test in Virginia is a twelve month suspension. Subsequent convictions are criminal in nature which can result in suspensions of up to three years, jail confinement of up to one year, and a fine of up to $2,500.00.
The license suspension for failure to take a blood or breath test can be upheld even if you are found not guilty of the drunk driving charge. Additionally, if the case goes to trial the prosecutor can bring to light the fact that you refused to take the test, which may lead jury members to conclude that you refused the test because you were, in fact, drunk.
What does BAC stand for?
Blood Alcohol Content (BAC) or Blood Alcohol Concentration is the concentration of alcohol in blood. This measurement can be taken directly, by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. If you test at or above the level of intoxication, you are presumed to be driving under the influence.
What is an administrative license suspension?
In Virginia, if you are charged with driving under the influence, your license is administratively suspended for seven days. The suspension is separate and distinct from the criminal charge of driving under the influence. The only penalty to you is the loss of your privilege to drive for a one week period. No criminal penalties can be imposed as a part of the administrative suspension.
What is an SR-22?
SR-22 is an insurance policy named after the SR-22 DMV form, the insurance policy created to insure DUI, DWI, and other high risk drivers. Most states require persons convicted of DUI/DWI to obtain an SR-22 from their automobile insurer. Once a driver requests an SR-22 the insurance company is placed upon notice of the DUI conviction. An SR-22 requires your insurance company to notify the DMV if your insurance policy is canceled.
Unfortunately, the SR-22 is not standard with every insurance carrier. If your current insurance carrier can not provide you with an SR-22 they may be forced to cancel your policy.
Serving Virginia clients
Eric Spencer works with clients in the city of Roanoke and throughout:
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Contact us today
Contact our office for a free initial consultation. At Eric Roland Spencer, P.C., if it matters to you, it matters to us.
