In Virginia, it is against the law to operate a motor vehicle while under the influence of a mind-altering substance. People get arrested daily because they have too much to drink before they drive. Others get arrested based on accusations of drugged driving.
Those accused of impairment at the wheel face criminal charges and a variety of potential penalties if they plead guilty or get convicted. How the state handles cases can be vastly different depending on unique circumstances.
What makes drugged driving different from drunk driving?
Both are technically the same offense
Virginia does not have separate statutes for drug impairment as opposed to alcohol impairment while driving. Both situations result in driving under the influence (DUI) charges. The penalties are the same, and the offense may look the same during a criminal background check regardless of the substance someone consumed. That being said, there are some important differences between the two types of impairment.
There is no limit for drug impairment
Many people accused of drunk driving didn’t necessarily drive poorly. Instead, they failed a chemical test. Under current Virginia statutes, motorists with a blood alcohol concentration (BAC) of 0.08% or higher are at risk of arrest and prosecution. There is no such limit that applies to impaired driving cases involving drugs. The presence of any amount of a prohibited drug or a prescribed drug known to affect driving ability can lead to DUI charges.
The penalties might be harsher
Technically, the consequences that the courts may impose for a DUI are the same regardless of the substance involved. However, the social stigma associated with illicit drug use might result in more serious penalties for those accused of drugged driving as opposed to drunk driving. Other factors, including whether or not someone caused a crash and any prior offenses, can have a significant impact on the penalties imposed after a DUI conviction or guilty plea. Individuals accused of drugged driving may need to consider different defense strategies when compared with those accused of drunk driving.
Discussing what led to a drugged driving arrest with a skilled legal team can help defendants consider their options. There are numerous strategies that can help those accused of a DUI avoid a conviction regardless of the specific substance involved.