Drinking but NOT Driving?

Virginia's DUI Regulation
"Virginia has some of the most serious DUI laws in the country. A blood Alcohol Content level even below .08 can still result in a DUI arrest and conviction (Marina)." In Stafford County, the police officers seem to always be on the move. Every time there is an event occurring, whether it's at a party lounge, restaurant playing an important game, or an upcoming holiday that is around the corner, they are watching and prepare themselves to be on the alert for trouble. These are the times where most people will be out, some will be drinking, and some will enjoy their time a little bit too much.

Facts about DUI Consequences
According to the Virginia's Laws and Defenses for drunken driving charges, if caught drinking and driving and it is your first offense, the mandatory minimum penalties are:
1) You must attend ASAP classes at your expense
2) Your driver's license will be suspended for a period of 12 months
3) If you are granted a restricted driver's license, you must pay for and use an ignition interlock device
4) If your BAC level was between .15-.20, you must serve at least 5 days in jail
5) If your BAC level was above .20, you must serve at least 10 days in jail
6) If you had a child passenger in your vehicle at the time of the offense that was under the age of 18 at the time, you must serve at least 5 days in jail - with an additional fee between $500.00 and $1,000.00
7) If your BAC was above .15, your vehicle must be equipped with an ignition interlock device for the first six months of your restoration of driving privileges
"The standard DUI penalties will always include a probation period for one year called good behavior, alcohol classes from a court-ordered ASAP program which costs about $300, a fine which is expected to be between $250 and $500 on a first offense, lose of license for one year with a possible restricted license, a jail sentence with some or all of the time suspended, payment of court costs, and the ignition interlock device (Marina)."

Giving Himself a Reward
About a week ago, one of my family members went out to enjoy the long weekend that just passed. He went to a nearby restaurant and lounge that is only allowed for people over 21 years of age. Normally, he would go to these places with friends or other family members around his age but this time he went alone. As he continued to enjoy his night he began to drink a couple of light beers, around two or three bottles exactly. He felt fine and didn't feel intoxicated at all but when three in the morning came around and the lounge began to close he felt himself getting a little tired. The night before, he had worked a 12 hour shift and didn't get much sleep the next day because he had to work another 8 hour shift. Knowing that he was really tired, he still wanted to reward himself by going out and having a couple drinks, being that he just got hired from his new job within a month of looking after moving to Virginia from Florida about two months ago.

Arising Problem
He walked to his car and immediately turned on the heater because it was pouring cold rain outside that day. While he was in his car he received a phone call from one of his old friends in Florida, getting carried away he ended up talking for about an hour. After hanging up, he explained that the mixture between the sound of the raindrops hitting his car, the hot air warming up his body, and his long overdue sleep is what caused him to fall asleep behind the wheel. He was still parked in the same parking lot where he left the lounge and still had the keys in the ignition. His car was on, he was sleeping, having a few drinks in his system, and he didn't know what kind of trouble was coming to look for him soon.

His Consequences
As he awoke, there were bright lights shining right in his eyes and loud sirens banging in his ears which startled him. The first thing he thought to do was to turn the car off and throw the keys into the passenger's seat. Sure enough, it was a police officer who came up to his window and at that moment he knew he had made a huge mistake. The officer ended up taking him to the regional county jail to stay the night because of the fact that he did have alcohol in his system and they wouldn't let him leave until his blood alcohol content level wore off. "When first receiving your license you agree to sign the "Implied Consent Law", which allows an officer to perform a test of your blood, breath, or both to be able to determine your BAC level. Virginia's "implied consent" law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been drinking under the influence, then you consent to taking a chemical test of your blood, breath, or both for the purpose of determining your BAC or the presence of drugs (NOLO)." He did have to perform a breathing test when he arrived to the county jail and his results showed that he did have more than a BAC level of .08. He didn't leave the county jail until three in the afternoon the next day which caused him to miss a work day from his new job but luckily, he didn't receive a DUI because he wasn't necessarily drinking and driving and he took the key out of the ignition before the cop arrived to his window. Even though he wasn't charged with a DUI, he did have to pay a $110 fine for public intoxication. "Public intoxication charges, often called being "drunk and disorderly", is a legal charge alleging that a person is visibly drunk or under the influence of drugs in public. It is usually a misdemeanor crime under state and local law. In many states, public intoxication offenses do not even require that you are drunk to be convicted of the charge. You simply have to appear drunk or high on drugs, even if that is not the case (Reuters)."

Being Aware
Coming from Miami, Florida he wasn't really aware of how different the system is in Stafford, Virginia. He obviously knows he isn't suppose to drink and drive but being so accustomed to doing so back where he use to live and not having the police around him as much led him to this wake up call. Having this extra bill to pay was only the least he could've gotten, while others can easily get there license suspended, a charge, and a bad record for a common mistake. The smallest sip you take can lead to having many consequences in this county and being aware of that is the best thing to do to learn how to stay away from getting into a big mess.


Work Cited

Article on " Virginia DUI Laws and Defenses for Drunk Driving Charges in Alexandria, Fairfax, Falls Church, Arlington, Prince William by the Northern Virginia Criminal Defense Law Firm  Author by Marina http://medvinlaw.com/alexandria-virginia-state-federal-criminal-defense-lawyer-attorney-law-firm/virginia-dui-laws-and-defenses-for-drunk-driving-charges-in-alexandria-fairfax-falls-church-arlington-prince-william/

Article on "Public Intoxication" by Thomson Reuters (Find Law) http://criminal.findlaw.com/criminal-charges/public-intoxication.html

"Virginia DUI: Refusal to Take a Blood or Breath Test" part of the NOLO network DrivingLaws.org http://dui.drivinglaws.org/resources/dui-refusal-blood-breath-urine-test/virginia.htm