Categories

With more than 150 DUI arrests, Cpl. Mike Berbes spends a lot of time keeping Staunton, Virginia streets safe from drunk drivers, including those under the age of 21.

“Generally, they haven’t had a lot to drink. It’s a little lower on the level, but we have our fair share of juveniles that have been drinking and driving,” says Berbes.

“Even one beer is one too many,” says Berbes. “Any possession is illegal.”

Starting next week, the punishment will be more severe for underage drinkers who get behind the wheel. Under the new law, the drivers license will be taken for a full year, and minimum $500 fine or 50 hours of community service will be imposed.

“Sometimes a harsh slap on the wrist is something that will wake them up and make them learn their lesson and hopefully not repeat it down the road,” says Berbes.

Berbes says it’s important not only to deter minors from drinking and driving but to keep them safe by teaching about the dangers.

“You want to make sure that you explain the laws to all juveniles to make sure that they know, the choices they’re making have serious consequences that could affect them years on down the road,” says Berbes.

Source

One teenager is sitting on the front porch about to drink a can of beer. Another is driving down I-95 with a blood alcohol content above the legal limit. If caught, which teenager would receive a harsher punishment? The one on the porch, according to current state law.

Members of the Virginia General Assembly recently voted to correct that disparity and increase the penalties for underage drinking and driving.

In Virginia, possession of alcohol by someone under 21 is a Class 1 misdemeanor – a crime punishable by up to 12 months in jail and a $2,500 fine. The section of the Virginia Code dealing with underage drinking and driving makes no mention of a misdemeanor. It simply states: “It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol … A violation of this section shall be punishable by forfeiture of such person’s license to operate a motor vehicle for a period of six months from the date of conviction and by a fine of not more than $500.”

During the General Assembly’s recently concluded session, lawmakers passed legislation that will make underage drinking and driving a Class 1 misdemeanor. The assembly passed two identical bills on the subject: Senate Bill 770, proposed by Sen. David Marsden, D-Burke; and House Bill 1407, sponsored by Delegate Bill Janis, R-Glen Allen. Both bills won unanimous approval in the House and Senate and have been sent to Gov. Bob McDonnell to be signed into law. The measures offer “zero tolerance” for underage drinking and driving: They would punish any driver under 21 who has a blood alcohol content of 0.02 or higher. (A BAC of 0.08 is considered legally intoxicated.)
read more…

A Senate committee has killed two bills that would have brought Virginia up to speed with national DUI standards.

With little debate, the Senate Courts of Justice Committee voted 14-1 that Senate Bill 1075 be “passed by indefinitely.” The bill would have changed the administrative license suspension period for DUI offenders from seven to 60 days – still below the National Highway Traffic Safety Administration’s recommended 90-day suspension.

Forty-three states have administrative license suspension provisions. Four have a suspension period of less than 90 days; Virginia’s is the shortest.

An administrative license suspension happens when somebody is arrested for allegedly driving under the influence – before the person is convicted. Opponents argued that revoking a license before trial is unfair and could be challenged by DUI defense lawyers.

Such objections are surmountable, said Sen. George Barker, D-Alexandria, who sponsored both of the failed bills. “Obviously other states have found they could manage that type of thing.”
read more…

FAIRFAX COUNTY, Va. (WUSA) – There’s a lot of focus on the fact that Carlos Montano is an illegal immigrant. But leaders at MADD say the real problem is our drunk driving laws, and how time and time again, drunk drivers with serious alcohol problems are allowed to get right back in the seat of a car.

Montano’s racked up a frightening record: reckless driving, public drunkenness, speeding, three times driving after his license was revoked, and two DUI convictions.

“It doesn’t matter if he’s from the moon, Bolivia or the United States. He shouldn’t have been driving drunk,” says Jeff Levy with Mothers Against Drunk Driving.

Levy says the first time someone is caught driving drunk, they’ve already driven drunk without getting caught 87 times, according to MADD statistics. That’s why MADD is pushing for laws that require interlock devices for first time DUI offenders. Interlock devices require the driver to blow into a breathalyzer. It won’t let the car start if the driver has been drinking.

Arizona and New Mexico are two out of about a dozen that require interlock devices for first time DUI offenders. Those states report a more than 30% decline in alcohol related crashes, injuries and deaths.

Virginia only requires interlock devices for second time offenders.

“We think anyone convicted of DUI should be prevented from driving. It’s as simple as that,” says Levy.

“Had you put the interlock device on the car (Montano was driving) after the first time, rather then giving him break after break after break, until he’s impaired again and killed someone,” said Jack Dalton, the director of public policy for National Interlock System, Inc.

Sure drinking and driving kills people and those guilty of it should be punished, but until we have a foolproof system of proving that guilt I think Virgina DUI laws should stay as they are.

Source

RICHMOND, Va. – If you’re under 18, drive drunk and get convicted twice, you could lose your license – and your car – under a bill that Gov. Bob McDonnell is expected to sign.

The legislation is one of four bills aimed at underage drinkers approved by the General Assembly this week.|

Another bill would change current law to prevent a judge from allowing people convicted of a DUI from driving to and from school on a restricted driver’s license.

Washington Regional Alcohol Program spokesman Kurt Erickson says one bill that was aimed at adult drunk drivers failed to pass in the General Assembly.

The legislation would have required an ignition interlock system on the car of anyone convicted of a DUI – even first-time offenders.

Ignition interlocks require the driver to blow into a breathalyzer before the car can start.

“At the very last minute, that bill was tailored to not apply to all DUI offenders, but those with a .10 or higher BAC,” Erickson says.

The changes killed the bill, Erickson says.

A similar bill is being considered in Maryland.

Last week, the U.S. Partnership for a Drug-Free America released a new study showing that alcohol use among high school students increased by 11 percent in 2008.

Source

“Where did you have your last drink?”

That’s a question Virginia police officers could soon be required to ask you if you’re pulled over for a DUI.

It’s part of a bill that would require officers to report your information along to the Alcoholic Beverage Control Board. The legislation has already passed the House and now the Senate is about to vote. If it’s approved, Gov. Bob McDonnell will have to sign to make it law.

The bill’s sponsor, Delegate John O’Bannon (R-Henrico), wants to target businesses that do not follow alcohol laws. It’s a misdemeanor to serve alcohol to anyone who’s buzzed.

Source

A Virginia legislative committee will take a hard look Monday at tightening more than a dozen DUI laws currently in place.

A House committee is looking a package of bills that would change a number of laws, including the use of ignition interlocks on cars for anyone convicted of drunk driving.

“Right now, to get one of those devices, you either have to be a ‘super’ drunk driver, a person driving two or more times the legal limit or a second (time) or more convicted drunk driver,” says Kurt Erickson, president of Washington Regional Alcohol Program.

State lawmakers will consider impounding the car of anyone caught driving on a DUI-suspended license.

The state also wants law enforcement to collect and report data on the last place a person had a drink before being arrested.

“It might be a cry for more [restaurant] server training or some time of intervention to make sure that stops from happening,” says Erickson.

The committee also will look to strengthen underage drinking laws.

If you have already been charged with a DUI in VA you will want to hire an attorney. A lawyer specializing in Virginia DUI’s will get you the least possible penalties.

Source

The wife of Sen. Richard Lugar was arrested in Virginia and charged with drunk driving and hit-and-run.

Charlene Lugar, 77, was pulled over in McLean Wednesday night after an officer noticed her car was trailing smoke and had front-end damage. Police believe that Mrs. Lugar had hit a parked car, according to the Washington Post.

She was taken to the Fairfax jail, where she was given a breathalyzer test and arrested, the Post reported. She was released several hours later. The results of the test were not disclosed.

Sen. Lugar’s office released the following statement to USA Today:

“At about 6:30 p.m. last evening, November 18, Mrs. Lugar had a traffic accident in our McLean, Virginia neighborhood. A charge has been filed and a court appearance is scheduled for January. No other persons were in her car or the unattended car she hit. Thankfully, no one was injured. We are deeply sorry and embarrassed that this accident has occurred.”

Richard Lugar, 78, a Republican, has served as senator from Indiana since 1977.

Source

Former Alexandria police Chief David Baker pleaded guilty to drunken driving charges and was sentenced to five days in jail.

Baker was arrested last month after he crashed into another car in Arlington while driving a city-owned vehicle. Three days later, he announced his retirement. Baker had a 0.19 blood alcohol level.

“I offer no excuses for my bad decisions and behavior because there are none. And I am, and will be, forever haunted by the personal embarrassment”, he said.

With the guilty plea Baker must also enroll in an alcohol abuse awareness program, pay a $300 fine and have his license suspended in Virginia for 12 months.

Source

Have you been accused of a Virginia DUI?

It’s very simple, unless you hire a top Virginia DUI lawyer you will have little chance of beating your DUI charge. Even worse, you should expect to face the stiffest penalties Virginia DUI law has to offer without legal counsel to represent you.

A Roanoke County police officer has resigned after a driving under the influence arrest.

He has been charged with misdemeanor driving under the influence. Court records show a conviction would be his first Virginia DUI offense.

A Roanoke County police spokesperson said the suspect has resigned his position as a patrol officer. He had been on the force for the past four years.

He’s due back in court on October 20th.

Have you been Arrested for DUI in Roanoke County?

A Roanoke County DUI conviction can follow you the rest of your life. Once you are convicted, you’ll endure another round of consequences―more serious ones. The first time you are convicted of DUI, there is a mandatory fine of at least $250. Your driver’s license will be revoked for one year.Because a Roanoke County DUI charge is a serious criminal offense, consider consulting an attorney who specializes in Virginia DUI cases before you go to trial. Many Roanoke County DUI lawyers will give you a free initial consultation, so you can be a little more informed before you decide how to proceed.