Virginia Drunk Driving Accident Attorney
Recovering Maximum Compensation for Injury Victims
If you or a loved one has been injured in a drunk driving accident in Virginia, you need a dedicated and experienced legal team on your side. At Rowe Weinstein & Sohn, our Virginia drunk driving accident lawyers are committed to helping victims of these tragic incidents secure the compensation they deserve.
Drunk driving is not only illegal but also incredibly dangerous, often resulting in severe injuries or even fatalities. Our firm is here to support you through every step of the legal process, ensuring that those responsible are held accountable for their actions. We take pride in our exhaustive approach to legal representation, which includes a meticulous examination of all accident details, police reports, and any available video or photographic evidence. This comprehensive strategy is designed to build a compelling case that maximizes potential recovery for our clients.
Did you suffer severe injuries or did your loved one die in a drunk driving accident? Call us anytime at (571) 486-4798 or contact us online to reach our team.
What Is Considered Drunk Driving in Virginia?
In Virginia, drunk driving is defined as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, it's important to note that even if a driver's BAC is below this threshold, they can still be charged with driving under the influence (DUI) if their ability to operate the vehicle is impaired. This can occur with a BAC as low as 0.05% in some cases.
Drunk driving also includes more than just alcohol. A person can be charged with DUI if they are under the influence of drugs, whether prescription, over-the-counter, or illegal substances, that impair their ability to drive safely. The bottom line is that any form of impaired driving that puts others at risk can be considered drunk driving under Virginia law. Understanding the nuances of these regulations and their implications is crucial for mounting an effective defense or claim. It can make a significant impact on the outcome of any legal proceedings.
The consequences for those convicted of DUI are severe and can include:
- First Offense: A first-time DUI conviction in Virginia typically results in a minimum fine of $250, mandatory enrollment in an Alcohol Safety Action Program (ASAP), and the possibility of a license suspension for up to one year. The offender may also be required to install an ignition interlock device on their vehicle.
- Second Offense: A second DUI conviction within 10 years of the first can result in a minimum fine of $500, a jail sentence of up to one year, and a three-year license suspension. Additionally, the offender will likely be required to install an ignition interlock device and may face mandatory minimum jail time if the second offense occurred within five years of the first.
- Third Offense: A third DUI conviction is classified as a Class 6 felony in Virginia. Penalties include a minimum fine of $1,000, an indefinite license revocation, and a mandatory minimum jail sentence of 90 days. Subsequent convictions lead to even harsher penalties, including longer prison sentences. Such significant repercussions underline the importance of having a robust legal strategy and timely intervention to protect legal rights and minimize impacts.
Who Is Held Liable in a Drunk Driving Accident?
In a drunk driving accident, the driver who was under the influence is typically held liable for the damages caused. However, there may be other parties who could also be held responsible, depending on the circumstances of the car accident.
Common liable parties generally include:
- The Drunk Driver: The most obvious party responsible for a drunk driving accident is the intoxicated driver. They are liable for any injuries, property damage, or fatalities that result from their impaired driving.
- Bars & Restaurants (Dram Shop Liability): In some cases, Virginia’s dram shop laws may apply. These laws hold bars, restaurants, or other establishments that serve alcohol responsible if they serve alcohol to a visibly intoxicated person or to someone under the legal drinking age, and that person subsequently causes an accident. While Virginia’s dram shop laws are not as broad as those in some other states, there may be circumstances where an establishment could be held liable for a drunk driving accident.
- Social Hosts: If a social host serves alcohol to a guest who is underage and that guest causes an accident, the host may be held liable under certain conditions.
Hear From Our Satisfied Clients
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"Rob Rowe is a consummate professional and a wealth of knowledge on all matters legal."
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