Dog Shot & Killed During DUI Arrest in Virginia Beach
During a traffic stop for a suspected DUI, Virginia Beach police arrested a man as well as shot and killed his dog, according to an article by The Virginian-Pilot.
Responding to reports of a possible drunk driver on Norfolk Avenue, Virginia Beach police pulled over an SUV and evaluated the driver for intoxication. The officers determined that the driver was under the influence of alcohol and tried to arrest him.
That is when the driver allegedly released his dog from the SUV. The dog was aggressive, forcing police to put the animal down. The driver also allegedly threatened to kill the arresting officers.
In light of this news, it feels like a perfect time to review Virginia laws concerning driving under the influence (DUI), sometimes referred to as driving while intoxicated (DWI).
How Does Virginia Address Driving Under the Influence?
Virginia outlines its state-specific approach to DUI in Code of Virginia section 18.2-266. It is unlawful in Virginia to operate motor vehicle, engine, or train while intoxicated. Virginia sets the legal limit for intoxication as a blood-alcohol concentration of 0.08 or more.
What are the Penalties for DUI in Virginia?
Virginia employs a tiered approach to DUI in Code of Virginia section 18.2-270, with penalties escalating under certain conditions and for subsequent offenses.
- First Offense is a Class 1 misdemeanor, which carries a minimum of $250 in fines and one year suspension of driver’s license.
- Second Offense is a Class 1 misdemeanor, which carries a minimum of $500 in fines, three years suspension of driver’s license and up to one year in jail.
- If an offender has two DUIs within a five-year period, there is an additional penalty of a minimum of 20 days in jail.
- If an offender has three DUIs within a 10-year period, there is an additional penalty of a minimum of 10 days in jail.
- Third Offense is a Class 6 felony, which carries a minimum of $500 in fines, indefinite suspension of driver’s license and up to one year in jail.
- If an offender has three DUIs within a five-year period, there is an additional penalty of a minimum of six months in jail.
- If an offender has three DUIs within a 10-year period, there are additional penalties of a minimum of 90 days in jail and potential vehicle forfeiture.
Do You Need Legal Advice from an Experienced Criminal Defense Attorney?
The criminal justice system can be terrifying. With the prospect of harsh penalties and even jail time, there is no margin for error. After all, your liberty may be at stake. But with an experienced criminal defense attorney as your advocate, you will have a guide to explain the process and ensure an aggressive defense.
If you have questions about DUI, DWI, or other criminal offenses, please feel free to contact Simms Showers LLP at your earliest convenience. We make it easy to stop by for an in-person visit. We are also available by calling 703-771-4671 or by filling out a simple form online.