Drink Driving Disqualifications and Penalties | BusinessAndLegal.ie

Drink driving convictions result in a mandatory, consequential disqualification from driving. The Court does not have any discretion into disqualification but may in addition impose a fine and/or imprisonment and a contribution towards the costs of the Bureau which provides analysis of samples and specimens of drivers who have been bagged or otherwise tested.(This is part of the Road traffic offences series of articles on this site).

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California DUI Laws | Drink Driving Penalties

Administrative License Suspension

This is an administrative suspension of your license and you can seek to have this suspension set aside at an administrative hearing but you must seek this hearing date within 10 days of your arrest. If you do not you have forfeited your right to a hearing and your license will be suspended for 4 months for a 1^st offense.

It is important to note that if you have been arrested for dwi or drunk driving there are 2 elements to the legal proceedings against you. The first part, as outlined above, is the administrative suspension of your license.

The second and more serious legal proceeding is the California drunk driving criminal prosecution and there are 2 aspects to this-

a)    You will be charged with driving under the influence of drink and/or drugs or DUI;

b)   You will also be charged with having a BAC of .08% or higher which is the “per se” offense referred to on this page of this site-drink driving penalties.

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Virginia DUI Laws | Drink Driving Penalties

The bottom line is that dwi and dui refer to the offense of drinking and driving in excess of the BAC limit in the state in question.

Virginia DUI Penalties

You may need to refer to the home page of this site to understand the different definitions that I refer to hereafter.(See page drink driving penalties)

The Per Se BAC level in Virginia is .08;

The zero tolerance BAC level is .02;

The enhanced penalty BAC level is .2 and there is an “implied consent” law in Virginia.

For an administrative licence suspension or revocation you are looking at 1 year for a 1^st offence and 3 years for a 2^nd and 3^rd offence.

Vehicle confiscation is possible in the Commonwealth of Virginia and there is both mandatory alcohol education and treatment.

The use of the ignition interlock device on your vehicle is also a possibility.

These penalties outlined above do not take into account the discretionary penalties that a Judge can impose upon you depending on the circumstances.

Community service, fines and jail time are all possibilities if you are a repeat offender or if you have caused damage to other people or property.

Virginia Implied Consent Law

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Drink Driving Penalties

Drink driving is a serious offense and even though there may be slight differences between California dui laws and dwi in Texas or Florida dui laws there is a common approach to drink driving penalties which we set out below. We start by taking a look at Virginia dui laws and will cover other states in due course including Texas, California and Florida dwi.

Many new dui laws have been passed in the last 20/30 years due to the activity of the Mothers Against Drunk Drivers (MADD) group.

Administrative License Revocation Law (ALR)

The legal drinking age in the United States is common between all states at 21 and about 66% of states have adopted the Administrative Licence Revocation (ALR) law which allows the suspension or revocation of your driving licence if your BAC (blood alcohol level) is above the state limit.

Implied Consent Laws

If you refuse to provide a BAC sample then your licence can be revoked or suspended by the administrative authority such as the Department of Motor Vehicles in your state. This is the “implied consent laws” adopted by most states which holds that you give implied consent to submit to some form of testing to establish your bac level such as through a blood, urine or breath sample.

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