• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • About
  • Case Results
  • Resources
  • Blog
  • Contact
3915 Blenheim Boulevard Suite 21D Fairfax, VA 22030
703.273.5500
KM Law Logo

Law Offices of Kermit A. Monge, PLLC

Fairfax Criminal Defense Attorney

  • DUI / DWI
  • Criminal Defense
    • Assault & Battery Defense
      • Malicious Wounding
    • Drug Crimes & Violations
      • Possession Of A Controlled Substance
        • Schedule 1 Controlled Substances
        • Schedule 2 Controlled Substances
        • Schedule 3 Controlled Substances
        • Schedule 4 Controlled Substances
        • Schedule 5 Controlled Substances
        • Schedule 6 Controlled Substances
      • Possession Of Drug Paraphernalia
    • Theft & Larceny Defense
      • Shoplifting
    • Traffic Defense
      • Driving With A Suspended License
      • Driving Without A License
      • Eluding The Police
      • Hit & Run Defense
      • Reckless Driving
      • Speeding Ticket Defense
      • Traffic Ticket Defense
  • Immigration Law
    • Employment Visas
      • A Visas
      • A-1 Visa
      • A-2 Visa
      • A-3 Visa
      • EB-1A Visa
      • EB-1B Visa
      • EB-1C Visa
      • EB-2 Visa
      • EB-3 Visa
      • EB-4 Visa
      • EB-5 Visa
      • H-1B Visa
      • L-1 Visas
      • L-1A Visa
      • L-1B Visa
      • L-2 Visa
      • O Visa
      • Q Visa
    • Fiance Visas
      • K-1 Visa
      • K-2 Visa
      • K-3 Visa
    • Non-Immigrant Visas
      • P-1A Visa
      • P-1B Visa
      • P-2 Visa
      • P-3 Visa
      • P-4 Visa
      • U Visas
    • Student Visas
      • F-1 Visa
      • J-1 Visa
      • M-1 Visa
    • Visitor Visas
      • B-1 Visa
      • B-2 Visa
    • Green Cards
      • Employment Based Green Card
      • Family Based Green Card
      • Waivers
    • Removal Defense
      • Asylum
      • Cancellation Of Removal
      • Special Immigrant Juvenile Status
  • Other Areas of Practice
    • Family Law
    • Business Law
  • Request Consultation
  • Request Consultation

What You Should Know About DWI Laws In Virginia

April 5, 2021 by Law Offices of Kermit A Monge PLLC

Operating a motor vehicle is a common privilege for many individuals. It is so common that some people will drive home after having a few drinks if they feel their driving will not be impaired. However, your blood alcohol content does not need to exceed a particular level in order to be charged for alcohol related driving issues. It is important to also understand the difference between DUI and DWI laws in Virginia.

What Is A DWI & Is It Different From A DUI?

A DWI means driving while intoxicated (or impaired), and a DUI stands for driving under the influence. In Virginia, you can receive a DUI for driving while being affected by alcohol, no matter what your blood alcohol content level is.

However, if your BAC meets or exceeds .08, you may be charged with driving while intoxicated instead. You may receive a DWI charge for driving while impaired, such as when you are too sleepy to properly operate your vehicle.

What Are Some Indicators of DWI?

Officers monitoring the road will pay close attention to the manner in which you operate your vehicle; certain behaviors may that indicate that the driver is operating while intoxicated or impaired.

Inability to maintain proper lane position is an important factor, such as drifting across lanes, weaving, swerving for no apparent reason or straddling a line. Similarly, excessively varied speed and unnecessary or incoherent braking patterns can indicate to an officer that the driver is unfit to drive.

Some actions that indicate DWI are particularly dangerous, such as driving the wrong way on a one-way street or operating a vehicle at night without headlights. However, an officer may use their own discretion to determine if someone is operating a motor vehicle in an impaired manner.

What Are The Penalties For Driving While Intoxicated Or Impaired?

Driving while intoxicated is penalized more heavily in Virginia than in any other state in the U.S. First offenses are not typically dismissed in Virginia as they may be in other states, and you are expected to bear a minimum number of penalties, including the successful completion of the Alcohol Safety Action Program. This program is mandatory and ordered by the court; the state does not pay for your cost to attend and complete the program.

Suspension Of License

Drivers charged with DWI will also have their licenses suspended for 12 months. No driving is permitted during this time or you will risk further, more severe penalties and the potential to permanently lose your license. Depending on the circumstance of your case, an attorney may be able to help you to secure a restricted license.

Potential Jail Time

Your blood alcohol content will determine how stringent some consequences are. A BAC of .15 to .20 requires a mandatory minimum of 5 days in jail, and a BAC greater than .20 requires a mandatory minimum of 10 days. Those who were charged with a DWI while a minor was also in the vehicle face additional consequences, including a mandatory minimum of 5 days in jail and a fine ranging between $500 and $1000.

These are only the minimum required penalties. Depending on the circumstances, you may see additional consequences, such as the need to install an ignition interlock device into your vehicle or up to 6 points on your Virginia driver’s license.

What To Do If You Have Been Charged With A DWI

If you have been charged with a DWI, your first inclination may be to represent yourself in court in order to avoid paying fees to an attorney.

However, offering a convincing argument in the case of a DWI can be particularly challenging, and you may find that the fines and other penalties, such as a suspended license, which can dramatically impact your earning potential, may be more costly than the expense associated with hiring a criminal defense attorney. The most effective choice is to rely on a criminal defense attorney to advocate on your behalf within the legal system to provide the best outcome possible.

Work With Experienced Virginia Traffic Law Attorneys

Anyone who has been charged with a DWI in Virginia will have much to consider, from potential penalties to how to get to work and manage other responsibilities while having a suspended or even restricted driver’s license.

The Law Offices of Kermit A. Monge would be happy to help you develop a strategy to achieve a positive outcome in your case of driving while intoxicated or impaired. Reach out to schedule a consultation with a traffic defense attorney to learn more about the DWI laws in Virginia and to secure the minimum penalties and move on with your life and responsibilities as soon as possible.

categories iconCriminal Defense

Primary Sidebar

Contact Us

  • This field is for validation purposes and should be left unchanged.

Lawyer Consulting a client

Request a Consultation

Kermit Monge Headshot
Kermit A. Monge
  • This field is for validation purposes and should be left unchanged.

Footer

KM Law Logo
3915 Blenheim Boulevard Suite 21D Fairfax, VA 22030
703.273.5500

Practice Areas

  • Business Law
  • Criminal Defense
  • Family Law
  • Immigration Law
  • Personal Injury

Immigration Law

  • Employment Visas
  • Fiance Visas
  • Student Visas
  • Visitor Visas
  • Green Cards
  • Removal Defense

Criminal Defense

  • Assault & Battery Defense
  • Drug Crimes & Violations
  • Traffic Defense
  • Theft & Larceny Defense

© 2025 The Law Offices of Kermit A. Monge, PLLC · Powered by 321 Web Marketing · Website Privacy Policy & Terms of Use