Turk & Turk, P.C.

1007 E. Main Street | Radford, VA 24141

Call Now: (540) 639-9056

What Constitutes a DUI?

It’s Essential to Understand What Results from DUI Charges

Do you know what constitutes a DUI? While states have the autonomy to determine the legal limit, all states maintain a .08 threshold. A few factors contribute to a driving under the influence charge in Radford, VA, and the New River Valley. This month, Turk & Turk, P.C. is here to educate our clients about what constitutes a DUI.

Our attorneys will explain everything about what Virginia considers a driving under the influence charge. We will also explain what you can and cannot be charged with in a driving under the influence situation. Our law firm will also talk about what happens if you refuse to submit to a blood or breath test. Turk & Turk, P.C. is proud to help our clients understand what constitutes a DUI.


Learn What Virginia Considers as Driving Under the Influence

The Commonwealth of Virginia considers individuals carrying a blood alcohol concentration of .08 or higher as under the influence. Code of Virginia section 18.2-266 states that it is unlawful to operate a vehicle while under the influence of alcohol. Drivers who commit this crime will face serious consequences for their actions. This code also says that it’s illegal to drive under the influence of any of the following substances:


  • Cocaine (0.02)
  • Methamphetamine (0.01)
  • Methylenedioxyamphetamine (0.01)
  • Phencyclidine (0.01)


You Cannot Catch a Charge for Certain Aspects in a DUI Case

Drivers with an open container of alcohol in their vehicle alone cannot receive a driving under the influence charge. However, you can receive a charge if you get pulled over with an open container of alcohol in the car. If you show intoxicated behavior to the police, you can get a driving under the influence charge.

If a cop pulls you over and suspects a DUI, they will ask for a breath or blood test. Individuals must comply with this test under the Commonwealth’s Implied Consent Laws. Refusing to take the test will not automatically result in a driving under the influence charge. However, drivers will face a one-year automatic license suspension if it’s their first offense. For subsequent offenses, they will receive a three-year license suspension.


Understand the Consequences for a DUI Conviction in Radford, VA

The Virginia Department of Motor Vehicles takes DUIs very seriously within the commonwealth. Driving under the influence of alcohol in the Commonwealth of Virginia carries serious consequences. Not only are the penalties harsh, but driving under the influence also puts the driver and other motorists at risk. New drivers across the commonwealth must understand the consequences of driving under the influence. Penalties for a driving under the influence conviction in and around Radford, VA, include:


First Offense

First-time offenders will receive a $250 fine, along with a one-year driver’s license revocation for driving under the influence charges.


Second Offense

Second-time offenders receive a $500 fine, along with possible jail time. They also face a driver’s license revocation of one to three years.


Third Offense

Third-time offenders will receive a $1,000 fine, along with a mandatory jail time of 20 days. These individuals also receive an indefinite driver’s license revocation and prosecution as a class 6 felony.


Consult an Experienced Lawyer If You Face DUI Charges

It can be challenging to understand what constitutes a DUI in Radford, VA, and the New River Valley. You need an experienced attorney to help you get through the process. Lawyers know that driving under the influence offenses can be scary. They have seen how the consequences can change a person’s life. These charges can also stay on an individual’s record for a long time.

This situation could affect their ability to get a job in Radford, VA, and the surrounding areas, among other things. Those who receive driving under the influence charges will have a long road ahead to get them off your record. Having an experienced lawyer by your side can help you navigate through the process. Driving under the influence is nothing to take lightly. If you face a DUI charge in Radford, VA, and the New River Valley, give our law firm a call today.


Trust the Criminal Law Attorneys at Turk & Turk, P.C.

Turk & Turk, P.C.’s experienced criminal law attorneys will fight for your rights. We have helped countless clients throughout Radford, VA, and beyond with driving under the influence cases and more. Our lawyers can navigate each case’s unique and different characteristics. Driving under the influence charges can be devastating, and we can help you through them

Residents in Radford, VA, and the New River Valley come to Turk & Turk, P.C. for quality criminal law service. We are proud to provide our clients with a strong defense for DUI cases and more. Clients will have strong representation in court with our experienced lawyers beside you. Contact us today to learn more about our criminal law services.



Learn more about what constitutes a DUI by calling Turk & Turk, P.C. at (540) 639-9056. Clients can also send our attorneys an email and like us on Facebook for the latest news and information. Turk & Turk, P.C. has helped clients throughout Radford, VA, for more than 70 years. We are proud to educate our clients about what constitutes a DUI.