Virginia DUI Lawyer
Virginia classifies drunk driving as the operation of any motorized vehicle (automobile, watercraft, or boat) by a person with a blood alcohol concentration at or above 0.08%. If you are charged with Driving Under the Influence, a Virginia reckless driving lawyer can help you fight the charges.
Code § 18.2-266 of the state law also makes it legal for a person to be charged with driving under the influence even if his or her BAC is as low as 0.00%, in certain circumstances. For example, a person that is impaired while operating a motor vehicle because of the use of a narcotic or even prescription drug can be charged with a DUI. These cases often present the best chances of a positive outcome for the defendant in a DUI charge.
Evidence Presented in a DUI Case
A Virginia traffic lawyer will need to evaluate a set of evidence involved in the case, as DUI charges can be complex and fact-intensive. There are a number of facts that should be evaluated before a case goes to trial. These facts include:
- The defendant's alcohol consumption leading up to the time of the arrest.
- The reason an officer originally performed the traffic stop.
- Any statements recorded by the officer from the driver during an arrest.
- Possible field sobriety tests performed by the arresting officer, and the defendant's performance on these tests.
- Results of a portable breath test at the time of the traffic stop.
- Specific reason for the arrest.
- Official breath test results.
- Compliance of the arresting officer with proper breath test administration and breathalyzer certification rules.
If a defendant is under the age of 21 at the time of the arrest, the DUI is treated slightly differently. For example, an underage driver must only have a BAC of at least 0.02 percent to be charged with a DUI. This is outlined within the state law code § 18.2-266.1.
Possible Penalties for DUI/DWI Conviction
Penalties of a conviction can range from a fine and license suspension to possible jail time, depending on several factors. Drivers convicted of a DUI when under the age of 21 are guilty of a Class 1 misdemeanor, and typically face penalties like:
- Suspension of driver's license for one year from the date of the conviction.
- Minimum fine of $500 and/or
- Mandatory 50 hours community service.
Drivers age 21 and over face similar penalties, but with more severity based on whether the conviction is the driver's first, and the specific BAC percentage recorded at the time of the arrest. Higher BAC measurements can carry stiffer penalties. Drivers convicted of a DUI face penalties such as:
- DMV License Points
- Vehicle Ignition Lock
- Mandatory Loss of License
- Mandatory Alcohol or Substance Abuse Treatment
Under State code § 46.2-341.18, commercial drivers face the harshest potential penalties from a DUI/DWI conviction. For example, commercial drivers that are convicted of a DUI twice in any ten year period can be forbidden from operating a commercial vehicle on state highways for life. Visit our DUI lawyer page for more information about the penalties you could face with an arrest, and services we can provide.
Call (703) 278-2800 For More Information
Driving under the influence and driving while intoxicated are two of the most commonly charged crimes in the Commonwealth. But even though they are prosecuted frequently, the state does not take these offenses lightly. Because drunk driving puts other drivers at risk, the state takes the charges seriously. If you have been arrested or formally charged with a alcohol related traffic violation, do not take your defense lightly just because it is a common crime. If you rely on your car as a means of transportation for your work, then losing the right to drive could put you in a really difficult place. Retain the services of an attorney a son as possible to make sure that your rights are protected throughout a trial, and that the effects of a conviction will be minimized as much as possible.
Some people think they can talk their way out of pending charges, but this is rarely effective. Did you know that from the moment you were pulled over, officers may have been gathering evidence for a case against you? Without sound legal knowledge and experience from a Fairfax DUI attorney, it's unlikely you'll know how to defend yourself against such evidence - which may be substantial.
Prince William County
Prince William DUI attorneys want to see the best outcome for your case, and work hard to make that happen. Although they cooperate fully with law enforcement, they never lose sight of the fact that you are their true client. Talk to a Prince William DUI lawyer about how to negotiate your case, or even defend you in court.
A Mecklenburg DUI lawyer with our firm will negotiate with prosecutors, or even defend you in court, if it comes to that. The important thing to remember is that a lawyer can try to protect you in ways you wouldn't otherwise know. Without the years of legal experience that they have, you may find yourself in a worse situation than you did initially. And don't think you can talk your way out of charges - police officers see this situation all the time, and it rarely works with them. Don't think you'll be the one exception that they make - have an attorney do the talking for you.
Our Alexiandria DUI Lawyers will work tirelessly to protect our rights while also working towards a positive outcome in your case. Sharing extraneous details with police - such as how many drinks you've had - may be a poor idea. Giving law enforcement any ideas about your drinking behavior can also help them build a case against you.
It is possible that police officers will have you complete a field sobriety test - or even take a breathalyzer exam. Failing to cooperate can result in an immediate license suspension. If you are taken into custody, call an Arlington DUI lawyer as soon as possible.
And More. . .
We have attorneys throughout the Commonwealth of Virginia that are ready to help you understand the charge you face and what might lie ahead. So if you need DUI representation in Leesburg, Norfolk, Tidewater, Virginia Beach, Chesapeake, Hampton, Hampton Roads, Lunenburg, Nottoway, Brunswick, Mecklenburg, Spotsylvania, Stafford, Loudoun or anywhere else in Virginia, please contact us for more information.