My husband and I had gone to dinner and had 3-4 beers in the city (D.C. area). He drove almost all the way home, where 20 miles outside of town, he needed to stop to pee. While he was inside, I opened the passenger door and hung my feet out to smoke a cigarette. When he came out of the store, he voilently grabbed the cigarrete from my mouth and crushed in the ground with something to the efeect of "DO not ever smoke around our children or in this car again." Because he has a history of domestic violence, and has been charged for this and we are currently separated due to his chardes and convictions, I panicked and locked the doors. I knew I could not sit there forever, so I climbed over the console and drove away. I was still panicked and distraught and ended up rear-ending someone.
In Virginia, Driving Under the Influence
A person charged with violating §18.2-266, first offense, shall be guilty of a Class 1 Misdemeanor and may be punished as follows, to-wit:
Blood Alcohol Content below 0.15: Maximum punishment of one year in jail; maximum fine of $2,500, $250 of which is a mandatory minimum fine, suspension of the persons drivers license or privilege to drive in the Commonwealth of Virginia for a period of one year with restricted privileges granted*.
Blood Alcohol Content between 0.15 and 0.20: Same punishment as above with a mandatory minimum active jail term of five days. An ignition interlock device will likely be required to be installed for a period of six months or greater per a condition of restricted driving privileges.
Blood Alcohol Content 0.20 or above: Same punishment as above with a mandatory minimum active jail term of ten days. An ignition interlock device will likely be required to be installed for a period of six months or greater per a condition of restricted driving privileges.
Advise you to contact The National College for DUI defense for an experienced and reputable attorney. (see link below). Good luck.