Legal Language Is Confusing
If you’ve been charged with driving under the influence or driving while intoxicated in Virginia, you may be wondering if there’s a difference between DUI and DWI—and if so, how it might affect your case. The truth is, these two acronyms can be confusing, especially since they’re often used interchangeably in everyday conversation. Understanding what they mean and how Virginia law treats them is critical to protecting your future.
Attorney Cody Villalon is well-versed in Virginia DUI/DWI law and is available to simplify legalese, explain the charges you’re facing, defend your rights, and safeguard your well-being.
Experienced Legal Representation Is an Investment in Your Future
Being arrested for any type of impaired driving offense can feel overwhelming, and it should. The consequences can be serious. You may be wondering: Will I lose my license? Will I be sent to jail? Will this remain on my record or hurt my career?
Protecting yourself in cases like this is a priority. You want to work with a professional who is experienced in handling similar cases, familiar with the local legal system, and dedicated to providing high-quality, personal service.
Cody Villalon is a Richmond-based criminal defense attorney with over a decade of experience managing DUI/DWI cases. His reputation for responsive, hands-on service—and for helping his clients navigate the legal process is outstanding.
If you’ve been charged with DUI or DWI in Virginia, reach out today. Cody offers a free initial consultation and is available to meet with you immediately.
DUI vs. DWI in Virginia
What Is the Difference?
In some states, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are distinct charges, with different legal definitions and penalties.
In Virginia, there is no legal distinction between DUI and DWI—they refer to the same offense.
The official term used under Virginia law is “DUI,” and the relevant statute is § 18.2-266 of the Virginia Code, which prohibits driving under the influence of alcohol, drugs, or a combination of both. That said, some law enforcement officers and even the DMV may still use DWI informally.
How a Seasoned DUI Attorney Can Help You
DUI cases are complex, and the stakes are high. The effects of a conviction can be long-lasting and impact all aspects of your life. Having an experienced DUI defense attorney is critical to protecting your future.
You want to rely on your attorney to manage your case from beginning to end. Crucial to effective representation on DUI cases includes very specific actions. A skilled attorney will know how to look at the evidence against you, starting with the traffic stop. He will review the circumstances to determine if the arresting officer had reasonable suspicion to detain you.
Additionally, the administration of roadside sobriety tests must be investigated; they are not always administered correctly. While many believe positive breath and blood tests are immediate signs of guilt, an experienced attorney will have the calibration examined to determine if the results are reliable.
Finally, negotiations are in situations where individuals are accused of driving under the influence. A skilled professional may be able to successfully argue for a lesser charge or an alternative sentence.
With deep knowledge of both Virginia DUI laws and local Richmond court procedures, Cody Villalon crafts defense strategies tailored to his clients ‘ unique situations.
Frequently Asked Questions About DUI vs. DWI in Virginia
Cody Villalon Answers Your Most Common Concerns
Legal jargon, especially in cases of DUI/DWIs, can be incredibly confusing. Below, Cody Villalon has responded to some of the questions he hears most often regarding the language and intricacies of these charges.
If Virginia only has DUI, why do I still see or hear the term DWI?
While confusing, both terms are often used interchangeably. While DWI is an older term that is still commonly used by some officers and agencies, legally in Virginia, all impaired driving charges fall under the umbrella of DUI. Whether your paperwork says DUI or DWI, the legal consequences are the same.
I was arrested for DUI, but I wasn’t drinking. I only took my prescription medication. Can I still be convicted?
Yes. Under Virginia law, you can be charged with DUI if any substance impairs your ability to drive, including prescription or over-the-counter medication. Cody Villalon will examine the facts of your case and help build a solid defense.
What qualifies as a DUI under Virginia law?
According to Virginia law, you can be charged with DUI if:
- Your blood alcohol concentration (BAC) is 0.08% or higher
- You are under the influence of alcohol or drugs to the point that it impairs your ability to operate a vehicle safely, regardless of your BAC
- You are impaired by drugs alone, whether prescription, over-the-counter, or illegal substances
Even if your BAC is below 0.08%, an officer can still charge you if they believe your driving is impaired. Immediately engaging the representation of a skilled DUI attorney is necessary in all cases.
What Are the Penalties for DUI in Virginia?
Virginia imposes strict penalties for DUI offenses—even for first-time offenders. These may include:
- Mandatory license suspension
- Fines up to $2,500
- Jail time (especially if your BAC was 0.15% or higher)
- Alcohol education or treatment programs
- Installation of an ignition interlock device
- A permanent criminal record
Subsequent offenses carry increasingly severe penalties, including mandatory minimum jail sentences and longer license suspensions. A third DUI offense in Virginia is considered a felony.
Will I lose my driver’s license?
In most cases, yes—at least temporarily. For a first offense, your license can be suspended for up to one year. However, you may be eligible for a restricted license that allows you to drive to work, school, or medical appointments. Cody can help you apply for these privileges and protect your ability to stay mobile.
Is it worth fighting a DUI charge if I failed the breath test?
Absolutely. Breathalyzers and other testing devices aren’t infallible. They require proper calibration and use, and testing errors happen more often than people think. Cody Villalon will scrutinize the details of your test results and the methods used to administer them. A failed test doesn’t mean you don’t have a defense.
Whether you have been charged with a DUI or DWI, you likely have many specific questions. Schedule a free consultation with Cody Villalon today to get answers directly related to the charges you are facing.
DUI/DWI Attorney Cody Villalon Can Defend You
Personalized, Quality Service
If you’re facing a DUI charge—whether it’s your first or a repeat offense—the clock is ticking. Your ability to protect your driver’s license, your freedom, and your future may depend on how quickly you act. Cody Villalon knows how to step in, take control of your case, and advocate to minimize the impact of these charges on your life.
Cody is a sole practitioner dedicated to personally serving his clients. He intentionally manages his case load carefully to provide clients with his full attention. Your case will not be managed by an associate or a paralegal.
Cody Villalon offers hands-on representation from start to finish and is always accessible to his clients when they need him most.
Take Action Today – Protect Your Rights with Cody Villalon
Don’t leave your future to chance. If you’ve been charged with DUI or DWI in Richmond or the surrounding areas, reach out to Cody Villalon today. He will:
- Answer your questions
- Help you understand the charges against you
- Provide you with a personalized legal strategy
- Represent you in court, if need be.
With Cody Villalon by your side, you can move forward with confidence, knowing your case is in capable hands. Contact Cody today at 804.316.0765 to schedule your free consultation.
DEFENSE ATTORNEY CODY VILLALON
Cody Villalon is a criminal defense attorney in Richmond, VA representing clients accused of violent offenses and DUIs, and he specializes in serious criminal charges. He possesses more than 15 years of legal experience, has defended more than 1,000 cases, and has spent more than 5,000 hours in court. He is highly professional and well-respected by prosecutors and judges. [ Attorney Bio ]
