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School Bus Driver Charged With DUI In Virginia

SchoolBus2

A D.C. school bus driver faces criminal charges for driving under the influence (DUI) of alcohol in Virginia, according to an article by NBC News. Nine children sustained minor injuries as a result of this incident.

Police reports indicate that the bus driver was transporting 44 children and nine adults on a field trip from Murch Elementary School in D.C. to Cox Farms in Centreville, Virginia. Apparently, the bus driver ran over a rock and crashed into a ditch.

After police arrived at the scene, the bus driver allegedly failed to pass field sobriety tests. Furthermore, the bus driver allegedly failed a chemical test, registering a blood-alcohol concentration (BAC) of 0.20. Police reports indicated that Virginia revoked this bus driver’s license for a previous DUI violation.

Although the legal process in this case remains ongoing, it seems relevant to review the Virginia laws against and punishments for DUI offenses.

Virginia Laws Against DUI

Code of Virginia Section 18.2-266 establishes the state laws against DUI. Under this section, it is unlawful to operate a vehicle, engine, or train:

  • With a BAC of 0.08 or more;
  • While under the influence of alcohol;
  • While impaired by any narcotic drug, self-administered intoxicant, or any other;
  • While impaired by a combination of alcohol and any other drug(s); or
  • With a blood concentration of 0.02 milligrams of cocaine, 0.1 milligrams of meth, 0.01 milligrams of PCP, or 0.1 milligrams of MDMA.

Virginia Punishment for DUI

Code of Virginia Section 18.2-270 furnishes the state punishment for DUI. Under this section, the Virginia penalties for DUI fluctuate based on a number of factors, including the number of previous offenses (if any) and the driver’s BAC.

Any person who commits DUI in Virginia will likely face the punishment scheme below:

  • First Offense — Class 1 misdemeanor with a mandatory minimum punishment of $250 in criminal fines;
  • First Offense (BAC = 0.15-0.20) — Class 1 misdemeanor with a mandatory minimum punishment of $250 in criminal fines and five days in jail;
  • First Offense (BAC > 0.20) — Class 1 misdemeanor with a mandatory minimum punishment of $250 in criminal fines and 10 days in jail;
  • Second Offense (within 5-10 years) — Class 1 misdemeanor with a mandatory minimum punishment of $500 in criminal fines and 10-20 days in jail;
  • Second Offense (BAC = 0.15-0.20) — Class 1 misdemeanor with a mandatory minimum punishment of $500 in criminal fines and 10 days in jail; or
  • Second Offense (BAC > 0.20) — Class 1 misdemeanor with a mandatory minimum punishment of $500 in criminal fines and 20 days in jail.

On the third, fourth, or subsequent offense, DUI usually becomes a Class 6 felony under Virginia law.

Do You Need Legal Help?

If you have legal questions about DUI under Virginia law, it can be exceedingly helpful to speak with an experienced Leesburg criminal defense attorney. The attorneys at Simms Showers showcase proven capabilities in the arena of criminal defense, including DUI charges. If you need legal help with criminal defense, contact us today for a free initial consultation.

SOURCES:

nbcnews.com/news/us-news/dc-school-bus-driver-charged-dui-allegedly-crashing-ditch-injuring-9-s-rcna54676

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-266/

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270/

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