Driving under the influence in any state is a very serious offense, and in Virginia, it’s no different. The penalties in the state of Virginia vary depending on the number of DUIs you have received over the span of five years. Like every state, Virginia calculates your blood alcohol content to determine your ability to operate a motor vehicle. You will receive a DUI if you are an adult over the age of 21 with a 0.08% BAC, a minor under the age of 21 with a 0.02% BAC, or a 0.02% if you are operating a commercial vehicle.
Possible Incarceration Penalties For First DUI Charge
For a first offense DUI no minimum amount of jail time must be served. However, if there is a minor in your vehicle during the time you are driving under the influence, there is a minimum of five days jail time. The offender will also serve a minimum of five days in jail if their blood alcohol content is more than 0.15%. If the BAC exceeded 0.20% the minimum jail time is ten days.
Possible Fines for First DUI Charge
The minimum fine for a first offense DUI in Virginia is $250. However, if there is a minor in the vehicle, the fine can be anywhere from $500 to $2500. The fines increase dramatically if you are second time DUI offender.
Other Penalties For a First Time DUI
When an offender is charged with a first time DUI, their driver’s license will be revoked for a one-year minimum. For the offender to have their driving privileges reinstated, they must first complete the Virginia State Alcohol Safety and Education Program. If the driver who received the DUI had a blood alcohol content of 0.15% or more they must have an ignition interlock device installed in their vehicle before regaining their driver’s license.
If you have been charged with driving under the influence in Virginia, there are excellent DUI lawyers in Richmond, Va. that can help your case tremendously. A DUI is a class one misdemeanor offense and will remain on your driving record for five years. This will not only substantially increase your insurance rates, but you could also lose your job because of your inability to drive. Hiring a DUI attorney can help reduce your fines, keep you out of jail, and may even reduce the number of years your DUI will be on your record.
In California, in addition to several other states, pain and suffering damages are categorized into what’s called “non-economic damages” which also includes:
- Mental suffering
- Emotional distress
- Loss of society and companionship
- Loss of consortium
- Injury to reputation
We’ve provided a table summarizing pain and suffering damages in California as well as additional detailed explanations:
Pure Comparative Fault
Something that California does differently than most states is following the pure comparative fault law to determine liability for non-economic damages. Pure comparative fault is when the court agrees that if you were at least partially at fault for any damages after a car accident, then the amount that you can recover from the accident will be deducted by your percentage of fault. For instance, if the court finds that you were 50% responsible for your injury or damages, then you could only receive %50 of the damages total as compensation after the accident. If the damages were $20,000, then you would only receive a maximum of $10,000 in compensation.
Types of Claims
California joins several other states in denying that pain and suffering damages be added to workers compensation claims. However, California does allow pain and suffering damages for multiple different claims including:
- Car accidents
- Defective Products
- Slip and fall
- Wrongful death
- Medical malpractice
- Intentional Injury (Intentional Tort)
Circumstance Limits on Damages
There are three certain circumstances where California strictly prohibits pain and suffering damages to be awarded to injured individuals after a car accident. The injured cannot receive compensation if they:
- Were convicted of a DUI relating to the accident
- Owned a car involved in an accident and the car was uninsured or underinsured unless the defendant was convicted of a DUI in connection with the accident
- Driving a car involved in the accident and was uninsured or underinsured
Unless you have consulted with a California personal injury attorney, the injuries listed above cannot receive financial compensation.
Time Limits on Damages
California does comply with a state set time period where you’re allowed to submit a claim, commonly known as a “statute of limitation.” Regardless if your seeking pain and suffering damages following a car accident, a fall, a slip, or any other accident caused by the negligence of another, or an intentional act, you must submit a claim within two years of the date of the incident in California. For medical malpractice claims, this window reduced to one year after you discover the injury or lengthened to three years after the date of the accident, whichever happened first.