Legal Question in DUI Law in Virginia

Re: What im facing?

Who could say at this point what you may be facing(based upon these few facts), but if and when you're contacted by the cops regarding the incident,

you should refuse to talk to them and then secure the services of an attorney to represent you.

Re: What im facing?

You say that the police REPORT (of the accident) says you were impaired but NOT an actual TICKET?

It is possible, though highly improbable, for a police officer to write you up in relation to the accident on the accident report as impaired but NOT issue you a ticket or summons. That is the police officer might not have charged you with any crime. The reason this could happen is that the police officer was not there when it happened and can't say he or she knows what happened. Or just forgot.

Still, this is very unlikely, so the first thing you need to do is confirm if you have been charged with anything or not.

Especially if you went to the hospital, you might not remember exactly what paperwork you were given or have it with you. So you need to check.

The easiest way to do this is on the Courts website at www.Courts.state.va.us. However, it would be easier for me or another attorney to do it there, rather than explaining to you how to do it. I would need to know the County where it happened and your name.

You could also go to the Clerk of the Court, but their computers are horrible (usually) and very hard to use and there is no need to driver there (at this point).

IF you have been charged, it would be a very serious situation, and I would advise getting an attorney. What County was this in?

If you are charged with DWI, with an accident resulting and physical injury, and damage to property, you could be sentenced rather severely for a DWI, including some time in jail, loss of driving license, fines, and a criminal record of DWI. On the one hand, you injured yourself, but on the other hand you endangered your 16 year old sister, the judge will say. Even though you did not hurt a stranger, a judge may look very harshly on endangering your sister.

In Virginia, the police officer can simply testify that he SMELLED alcohol (whether he did or didn't) and that you acted impaired. (However, after having an accident anyone would act dazed.) They DO NOT have to give you a breathalyzer. (Also if you were in the hospital, either your blood could have been tested or medical personnel might have smelled alcohol, etc.)

I would also worry about what you may have SAID or what the cop thinks he remembers that you said, which can be used against you.

I think you need to be ready to truthfully explain why you got in a wreck if you were NOT under the influence of alcohol. A non-alcohol explanation that is credible would be necessary, because they could ASSUME you were impaired simply because you had a wreck. (Shouldn't, but might.) WHY did the accident happen OTHER THAN you being under the influence?