Car Accident Lawyer
The laws around drunk driving are more involved than whether the driver was impaired by alcohol while operating a vehicle. There are very situations, as well as if the driver has any past convictions, that can affect how each defendant of a DUI is charged. For example, someone whose job it is to drive commercial trucks will have stricter DUI rules than someone who drives a non-commercial vehicle. Similarly, someone who has been convicted for their fourth DUI in Virginia will face a harsher sentencing than someone who has never been previously convicted.
Here are some examples of different types of DUI:
Aggravated DUI: If you were breaking the law in multiple ways, for instance driving while intoxicated as well as excessively speeding, your DUI charge can be elevated very quickly. This is called an aggravated DUI.
Commercial DUI Regulations: It is common knowledge that if you are working, you most likely should not be drinking. This is especially important if your job revolves around driving. Most states have a special blood alcohol concentration limit of 0.04, which is half the BAC for non-commercial drivers. Commercial drivers may also have to undergo alcohol testing randomly if there is suspicion they have been drinking. If a commercial driver receives a DUI, they are subject to the same law procedures as a non-commercial driver would be. However, their sentencing could result in longer license suspension, which could cause a loss of livelihood if that if their career.
Drunk Biking: Being convicted of driving under the influence is not just limited to driving a car. If you are driving a different type of vehicle while impaired from alcohol, you can still receive a DUI. While a bicycle does not have the same threat of driving a motor vehicle impaired, biking while drunk can cause harm to yourself and others, as well as property damage. States are still split on agreeing if driving while biking should be charged with a DUI. It greatly depends on if their laws verbiage states “vehicles” or “motor vehicles”. However, some states still treat bicycles as any other vehicle, regardless of how their laws are worded. Receiving a DUI on a bicycle should not be taken lightly and it is important to work with a drunk driving lawyer trusts to learn your state laws.
Felony DUI: In most states a DUI is considered a misdemeanor charge. However, it depends on the situation if a court will increase the charge to a felony. If you are convicted with a felony DUI, there are harsher penalties and the consequences are more severe and last longer than having a misdemeanor charge. If your blood alcohol concentration is twice the limit of .08, you could be charged with a felony. Another way a DUI charge would be increased to a felony is if you caused any bodily harm to someone else. Driving with children in the car, having a prior DUI conviction, or receiving a DUI while having a revoked, suspended, or restricted license are all ways you could be charged with a felony instead of a misdemeanor.