Wallet risks in your Virginia DWI case are reduced by working closely with a highly qualified attorney, says Fairfax DUI lawyer

Wallet risks can be very real in your Virginia DWI case, and a car crash can compound matters. As a Fairfax DUI lawyer, I take a comprehensive approach in pursuing as much justice as possible for my clients and in minimizing the overall damage from a conviction as much as possible. We have many times here talked about jail and driving privilege fallout from a Virginia DUI conviction. This article focuses on reducing your bank account risk from car collisions that might be attributed to your alleged DUI violation behavior. If you are reading this article before ever having been charged with violating the Virginia driving under the influence of alcohol or drugs law pursuant to Virginia Code § 18.2-266,  do yourself a favor by never getting behind the wheel within twenty-four hours of consuming liquor. If you have been arrested for an alleged Virginia DUI offense, cover your bases by making it a top priority to find and higher the best possible attorney for you.

Especially beware of wallet risks when your blood alcohol concentration (BAC) test is proven to be 0.15 or higher, or else when a a refusal conviction takes place

If you are going to drive after consuming wine, beer or alcohol, do your best to avoid a BAC of 0.15 or higher. That is because Virginia law can expose you to punitive damages in a civil car crash lawsuit with accompanying intoxicated driving.  Being found liable at a civil trial for a car crash after a Virginia DUI conviction for a 01.5 BAC or higher or refusal to submit to BAC testing can bring you closer to exceeding your car insurance bodily injury police limits due to punitive damages exposure, which can bleed into your wallet. Why is that?: “In any action for personal injury or death arising from the operation of a motor vehicle, engine or train, the finder of fact may, in its discretion, award punitive damages to the plaintiff if the evidence proves that the defendant acted with malice toward the plaintiff or the defendant’s conduct was so willful or wanton as to show a conscious disregard for the rights of others.” Such willfulness or wantonness can be proven by having a BAC of 0.15 or higher at the time of the collision plus knowing or should be knowing that their ability to drive would be or was impaired plus the defendant’s intoxication was a proximate cause of the injury to or death of the plaintiff.” Virginia Code § 8.01-44.5 $350,000 is the statutory limit on punitive damages in Virginia. Virginia Code § 8.01-38.1. 

Does my refusal to submit to BAC testing increase my exposure to punitive damages?

Violating the law against unreasonably refusing a BAC test after a lawful Virginia DUI arrest allows punitive damages to be imposed against a civil collision defendant when the above second and third elements are also proven. Consequently, despite the situations where it is advantageous for criminal court to refuse BAC testing, such refusal may hit the refuser in the wallet in civil court.

How do I avoid financial devastation from a Virginia DUI conviction or refusal conviction?

Consequently, when charged with a DWI offense, you need a qualified Virginia DUI lawyer not only to fight to reduce your exposure in criminal court, but also to reduce the adverse effect on your wallet from a DWI or refusal conviction. Work closely with your attorney at every stage of your defense. Make sure that your lawyer takes into account your financial risks in making decisions about negotiating a plea deal in your case and proceeding to trial or not.

DUI defense involves complex strategy, preparation and execution. Make sure that your Virginia DWI defense lawyer is ready for that challenge. Fairfax DUI lawyer Jonathan Katz focuses 30% of his law practice on defending against drinking and driving charges, and nearly 100% of his law practice on criminal defense. One meeting with Jon Katz will give you a leg up on your defense Secure your free in-person confidential consultation with Jon about your court-pending prosecution, by contacting us at 703-383-1100, info@BeatTheProsecution.com and (text) at 571-406-7268. Exemplifying Jon’s devotion to delivering your great Virginia DWI defense is his being among the small percentage of Virginia DUI defenders who are members of the essential National College of DUI Defense (NCDD) or its equivalent..