Virginia DUI Lawyer

Are you facing DUI allegations in Virginia? Sadly, the penalties associated with DUI convictions can be considered harsh, especially if charged with multiple offenses.

While some might argue that DUI convictions are minor compared to other serious crimes, getting convicted will negatively affect your driver’s license. On top of having a criminal record, getting convicted will lead to unwanted premium increments for your car insurance.

The challenge with DUI allegations is that you can never be too sure. An officer might pull you over if he suspects you of being under any form of influence, whether alcohol or other types of drugs, including prescription medications.

Here’s the worst part, DUI allegations often come attached to other violations, such as reckless driving and child endangerment. In addition, the lack of uniform DUI laws and penalties means you must understand your state of residence’s legal measures.

Since Virginia does not allow diversion programs in DUI cases, you cannot avoid criminal culpability through a plea bargain. Therefore, it is crucial to meet with an expert DUI attorney with experience in practicing in Virginia.

 

Jurisdictions we serve:

Fairfax 
Arlington
Alexandria
Prince William
Leesburg

DUI Offenses

First DUI Offense 

Second DUI Offense 

Third DUI Offense

 

Virginia DUI Laws

Having a Virginia DUI lawyer who provides legal counsel in your Virginia DUI case will be crucial to your chances of escaping with minimum penalties and without a criminal record. Moreover, you need an expert to advise on the do`s and don’ts when you find yourself on the wrong side of the law regarding driving under the influence offenses.

Virginia’s core DUI Statute VA Code §18.2-266 provides officers with criteria to charge defendants with driving under the influence. For instance, You will be stopped and arrested by a Virginia police officer if you do any of the following:

• Drive under alcohol influence
• Drive when having an alcohol content of above 0.08% or more
• Drive when intoxicated on any drug
• Drive when alcohol or blood concentration is above legal limits

An officer can charge you based on scientific evidence. For example, you may get arrested if your breath test proves that your alcohol levels are above 0.8%. You can also get charged based on an officer’s opinion on whether you are under the influence.

VA Code §46.2-100 provides guidelines on the possible grounds of DUI charges and arrests in Virginia. Understanding such laws might not be easy, especially if you have little to no legal background-exactly why you need an expert. A Virginia DUI lawyer will advise you on the laws and potential penalties for breaching the regulations.

 Implied consent in DUI

Like any other state, holding a Virginia driver’s license is a huge privilege. As a result, all drivers using Virginia’s highways are expected to comply with VA Code §18.2-268.2, which instructs drivers to provide samples at an officer’s request within three hours of an arrest.

Subsection B of VA Code §18.2-268.2 empowers officers to request breath tests and even blood tests if a breath test is unavailable. Further, subsection C holds that officers can request a blood test upon the suspicion of impairment due to drugs.

The Virginia traffic law requires drivers to submit to tests when requested by officers. While declining to take alcohol tests within the first three hours can make it challenging to prove intoxication, VA Code §18.2-268.3 terms refusal as a civil offense and, therefore, illegal. In addition, refusal to take a test can lead to license suspension for up to a year, and even worse, if you eventually get convicted of DUI, your license can be suspended for three years.

Under VA Code §18.2-11, the court can serve a one-year jail sentence to the offender or a fine between $250-$2,500, depending on the charges placed.

Here’s why you want to avoid prior convictions. VA Code §18.2-270 (2) holds that a second conviction within 5-10 years after the first conviction warrants a fine of not less than $500 as well as a 30-day jail term. While you can appeal and have the days reduced, spending ten days of the month’s jail term behind bars is mandatory.

Do you need a DUI Attorney?

Yes, you do. An expert Virginia DUI lawyer provides legal counsel by letting you know the dos and don’ts of your traffic offense. Still, they also help you to understand the legal terms stated in the traffic-related statutes.

Ideally, you will need a responsive lawyer like the highly revered David Deane, renowned for his quick responses to client calls and experience tackling Virginia DUI cases.

So, in case of an arrest or a situation regarding a Virginia DUI case, be sure to act fast and get the most experienced and responsive DUI attorney to handle your case. Contact us today.