Virginia DUI Defense Attorney

If you are on this page because you or a loved one has been arrested for driving under the influence of alcohol, then you need to consider calling us immediately. The sooner our Virginia DUI defense attorneys can get involved in your case, the more likely we will be able to secure a positive outcome on your behalf.

In Virginia, it is illegal to operate a motor vehicle while under the influence of alcohol or other drugs. This can be done even without a blood alcohol content (BAC) sample. DUI’s are serious cases. A first offense carries the possibility of 12 months of jail time, and a third DUI is a felony with a mandatory six months jail. It also leads to license suspensions, ignition interlock, and other costly and time-consuming classes the court will require you to complete before fully restoring your privilege to drive. Our DUI attorneys can assist you in determining the best possible defenses available should you find yourself charged with DWI.

Why you need a DUI defense attorney

Trying to tackle a DUI charge without the assistance of a skilled defense attorney could be disastrous. The Commonwealth of Virginia takes DUI charges very seriously, and you need to understand that you will be going up against seasoned prosecutors and law enforcement officials. However, a skilled Virginia DUI defense attorney will have the resources and legal expertise necessary to:

  • Conduct a complete investigation into the charges against you
  • Obtain any evidence that could help build your defense
  • Handle any negotiations with the prosecution in an effort to reduce the charges
  • Work to obtain later sentencing on your behalf if a conviction is imminent
  • Represent you in court at every hearing

DUI/DWI Defense

What does the Virginia DUI statute say?

§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.

This law in Virginia says that it is unlawful for any person to operate a motor vehicle if their blood-alcohol concentration is 0.08% or higher. Additionally, the law also says that it is illegal for a person to operate a vehicle while under the influence of a narcotic or any type of self-administered intoxicant.

It is important to point out that law enforcement officials in Virginia do not need to prove that a person’s blood-alcohol level is above the legal limit or that they have any type of narcotic or intoxicant in their system. An arrest can be made even if a law enforcement official suspects that a person is under the influence of alcohol or drugs. In some cases, a person can still be impaired even if they do not have a blood alcohol limit of 0.08% or higher.

DUI SENTENCING AND ENHANCEMENTS

First offense

  • Up to 12 months in jail (usually no time for first-offense)
  • Fine ranging from $250 to $2,500
  • License suspension of one year
  • Ignition interlock device (IID) for a minimum of six months
  • If your bac is .15 to .20: 5 days are mandatory minimum jail
  • If your bac is above .20: 10 days mandatory minimum jail

Second offense within 5 years

  • Minimum 10 days but up to 12 months in jail
  • Fines ranging from $500 to $2,500
  • License suspension for three years
  • Ignition interlock device (IID) for a minimum of six months
  • If your bac is .15 to .20: additional 10 days are mandatory minimum jail, 3 years suspended license, ignition interlock
  • If your bac is above .20: additional 20 days mandatory minimum jail.

Third offense within 5 years

  • This is a felony offense
  • Minimum 90 days but up to 5 years in jail
  • Fines ranging from $1,000 to $2,500
  • Indefinitely license suspension
  • Ignition interlock device (IID) for a minimum of six months

DUI after being convicted of a felony DUI:

  • $1000 to $2500 fine with $1000 mandatory minimum.
  • Up to 5 years in jail with 1 year mandatory jail time.
  • License will be revoked indefinitely.

OTHER DUI ENHANCEMENTS

  1. If there are children under the age of 18 in the vehicle an additional 5 days mandatory minimum.
  2. If there are children under the age of 18 in the vehicle you may get charged with Felony Child Neglect for each child.
  3. If you are operating a commercial vehicle the BAC level is .02 not .08 like a regular DUI.

Contact our Virginia DUI defense attorneys today

If you or somebody you care about has been charged with DUI in the Commonwealth of Virginia, contact the team at Randall Page, P.C. as soon as possible. Our attorneys pledge to conduct a complete investigation into your case. Our goal is to get the charges against you reduced or dismissed so that you can go back to living your life. We understand the seriousness of DUI charges, and we will stand by your side. When you need a Virginia DUI defense attorney, you can contact us for a free consultation of your case by clicking here or by calling 757-517-8956.

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Nicholas Nelson (Virginia Beach)