Brunswick County DUI Lawyer
Brunswick, Virginia is widely known for its strict enforcement of traffic laws and DUI’s – particularly along Interstate 85 and US Route 58, both of which are heavily patrolled by traffic enforcement police officers.
If you have been charged with a DUI, you need an experienced Brunswick DUI lawyer on your side who is familiar with the judges, police officers, and prosecutors, in order to reach a favorable resolution in your case.
An experienced defense attorney will be able to formulate legal defenses to your DUI charge and help you to obtain a dismissal, charge reduction, and/or reduced penalty post-conviction. En Español.
Elements of a DUI
The elements of a DUI, or the elements of every crime, is to prove that it happened in Brunswick (that is jurisdiction); prove identification (that the law enforcement representative can identify this defendant was the driver of a vehicle); and prove he was driving under the influence (in Brunswick County the legal limit is 0.08). If a person has sufficient driving behavior and other evidence of impairment, they will even try and go forward on the DUIs that are a little bit below the absolute legal limit. They essentially have to get the Certificate of Analysis from the Department of Forensic Science.
Prosecuting DUI Cases
Not only are there plea deals from the Commonwealth Attorney’s Office, but there is a standard offer from a DUI First. If the defendant does not want to take that standard DUI First, then the case goes to court and if the defendant loses, the judge is likely to give that outcome regardless as long as it is a standard and there is nothing in particular as far as bad behavior on the part of the defendant. The County prosecutes every case vigorously, but generally, even if the defendant wins, the judge is going to give the same outcome as the County would have offered to begin with.
They will prosecute it vigorously, but not as vigorously as a case that may have a potential for a big sentence, unless the defendant upsets them. As an example, a defendant and the prosecutor agreed on a “drive while suspended” by essentially pleading not guilty. The prosecutor decided that he deserved 12 months. It is a balancing act.
Blood Alcohol Concentration
In Virginia, a DUI is measured by a driver’s blood alcohol concentration. If a driver is pulled over by a police officer during a routine traffic stop and that driver’s BAC is at one of the following percentages (or higher), the driver can immediately be arrested for a DUI.
- 08% for a driver who is 21 years of age or older
- 02% for a driver who is under 21 years of age
- 04% for commercial (CDL) drivers
In addition to a DUI, under Virginia law, the driver could also be charged with some or all of the following alcohol-related offenses:
- Open container
- Buying alcohol for an underage minor
- Possessing alcohol on school property
- Fake identification or misrepresenting one’s age
In order to avoid the most serious offenses associated with these offenses, consult with a Brunswick DUI attorney today.
Possible Criminal and Civil Penalties
If a driver is 21 years of age or older, they can be subject to the following potential penalties following a first-offense DUI conviction:
- Seven-day license suspension immediately following the arrest and pending trial
- Minimum fine of $250, maximum fine of $300
- License revocation for 1 year if convicted
- Court-ordered restitution for damages if there is an accident
- Mandatory Alcohol Safety Action Program participation
- Installation of an ignition interlock device in the vehicle if a restricted license is granted
If a driver is under 21 years of age and purchases, possesses, or consumes alcohol (to the point of a 0.02% BAC), then that driver may face the following penalties:
- License suspension for up to one year from the date of conviction
- Minimum fine of $500, or a minimum of 50 hours of community service
- Possible mandatory participation in an Alcohol Safety Action Program
- Possible driver’s license restrictions, including suspensions or revocation
Consequences of a DUI
Being charged with a DUI in Brunswick, Virginia is serious business, and a conviction can have both personal and professional ramifications.
Moreover, schools (especially colleges and universities), employers, and leasing agents frequently perform criminal background checks on prospective students, employees, and renters, prior to making their decisions. A criminal record with a DUI charge or conviction can have a negative impact on those decisions especially if it is a second or third offense.
Contact a Brunswick DUI Attorney Today
Brunswick DUI lawyers know how the Brunswick criminal system works and can provide you with competent legal representation throughout your entire case. Your DUI attorney may also be able to help you obtain a dismissal, charge reduction, or penalty reduction post-conviction. They can explain your legal rights to you and make sure that those rights are safeguarded while your case is pending.
You should feel free to contact Brunswick DUI attorneys at any time, via telephone or email, for an initial consultation.
Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.