Norfolk, VA asked in Criminal Law, Juvenile Law and Military Law for Virginia

Q: 1st offense, DWI ,underage (19), blew a .007 at station , active duty military already NJPd. What am I looking at?

Fell asleep at a red light, failed field sobriety tests, blew a .007 at station but I'm 19 charged with DWI . I'm an active duty marine , already got NJPd for it .military is also making me go to alcohol classes. This is my first offense . Is there anyway I can get out of this without to much damage .

2 Lawyer Answers
Kristin Paulding
Kristin Paulding
Answered
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: There is a specific Virginia Code Section for people under the age of 21 who have been arrested for DUI. Under 18.2-266.1 if you are under 21 and you are driving with a BAC of .02 to .08 you can be found guilty of a Class 1 misdemeanor which is punishable by up to 12 months in jail and a $2500 fine. It sounds like your BAC of .007 is below that. I would recommend talking to an experienced criminal defense lawyer because you may have some defenses to this charge.

Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania, VA
  • Licensed in Virginia

A: Due to the problem with restricted licenses and interlock devices along with being active duty, you would be wise to hire an attorney to see if duo can be amended to a "wet reckless driving" which avoids a restricted license AND interlock device.

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