Lynchburg & Forest, Virginia DUI Defense Lawyer
A DUI arrest in Virginia is not something to be taken lightly. Whether you are facing a first offense or have been in this position in the past, you are now exposed to a variety of harsh legal consequences that can include jail time, expensive fines, a lengthy driver’s license suspension, and mandatory alcohol education program participation.
Beyond this, your future and reputation can hang in the balance since an arrest can impact your ability to secure employment, get a loan, go to school, get approved for a professional license, and much more. At the Straw Law Firm, we understand that the stakes are high, and we have helped numerous clients in the past who have been in your shoes. If you’ve been arrested on DUI charges, we urge you to contact us immediately to find out how we can help.
The Legal Limits for DUI in Virginia
DUI and DWI are used interchangeably in Virginia. Just like every other state in the nation, it is unlawful to operate a motor vehicle in the Commonwealth of Virginia with a blood alcohol concentration (BAC) of 0.08 percent or greater. Other circumstances in which a person might be arrested for DUI in Virginia include:
- A driver under the age of 21 with a BAC of 0.02 percent or greater
- A commercial vehicle operator with a BAC of 0.04 percent or greater
- A driver of any age who is under the influence of drugs
Did You Refuse a Chemical Test?
Virginia is an “implied consent” state. This means that anyone operating a motor vehicle in the Commonwealth has consented by law to a chemical test if they are arrested for DUI. This is not the same thing as a roadside breath test, which you are under no obligation to take. But, if you are arrested for DUI, you will need to take the chemical test at the police station, or there will be additional consequences.
Refusing to take the chemical test upon arrest for DUI will result in the automatic suspension of your driver’s license for one year. This is a separate charge that will prevail even if your DUI charges are dropped. For this reason alone, it is not a good idea to refuse this test.
Potential Penalties for a Virginia DUI
A DUI conviction in Virginia can come with some severe penalties, and these become harsher with higher blood alcohol concentrations and repeat offenses.
A first offense DUI is treated as a Class 1 misdemeanor if your BAC is under 0.15 percent. The punishments can include up one year in jail, a 7-day administrative license suspension from the arrest date, license revocation up to one year, and a mandatory minimum fine of $250. If your BAC was between 0.15 percent and 0.20 percent, the penalties are the same but there is a mandatory jail sentence of five days. If your BAC was over 0.20 percent, the mandatory jail sentence is increased to 10 days.
A second DUI offense is one that takes place within five years of the first. The punishments can include jail time from one month to one year, a 20-day administrative license suspension, license revocation up to three years, and a mandatory minimum fine of $500. If it has been more than five years since the first conviction, the mandatory minimum jail time is 10 days. Jail time may also be contingent on the BAC at the time of arrest.
A third DUI offense in Virginia carries even harsher penalties since the court system sees the offender as someone who poses a significant threat to the roadways. This is treated as a Class 6 felony, and a conviction can result in total revocation of your driving privileges in addition to a mandatory $1,000 fine and up to 6 months in jail.
Any DUI charges and penalties can be enhanced by a variety of factors. These include having an extremely high BAC, causing an accident with serious bodily injury or death, or driving with a young child in the vehicle (i.e., child endangerment).
Effective DUI Defense
One of the advantages of having a skilled DUI lawyer in your corner is that you can explore the different possibilities for a defense. Depending on the circumstances of your case, it may be possible to have your charges reduced or even dropped. In some cases, your attorney can argue for alternatives to jail time such as community service and alcohol education classes.
Just because you were arrested for DUI does not mean that you have been convicted. While this is an offense that the courts take seriously, it is also one that must be proven with properly obtained evidence. Some of the factors that could undermine a prosecutor’s case and help your defense include:
- The legality of the traffic stop. Was law enforcement justified in stopping you in the first place?
- The validity of any tests. If you agreed to a breath test, was it properly administered? Were you advised of your rights first? Was the machine calibrated correctly?
- Mitigating circumstances. Were there any other circumstances that could explain a positive breath test or your erratic driving behavior, such as a medical condition?
A Warning About Immediate License Suspension
Upon arrest for DUI in Virginia, your license may be immediately suspended. The duration of the suspension could vary depending on whether this is a first, second, or subsequent DUI arrest. If you wish to contest this administrative license suspension, you have only 10 days from the date of your arrest to file a request for an administrative hearing. This is a separate matter from your DUI case but is one that your attorney can facilitate.
Speak with an Experienced Forest, VA DUI Attorney
If you were stopped for suspicion of DUI anywhere in Virginia, you have rights. But DUI charges should be responded to as promptly as possible, and decisions must be made regarding what motions to file and what evidence to request for your defense. A skilled DUI attorney can advise you of what you should and shouldn’t do in this situation, but you must contact one as soon as possible.
At the Straw Law Firm, we have extensive experience successfully defending individuals charged for DUI, and we provide aggressive representation to protect the rights and freedom of our clients. A DUI conviction threatens your liberty, reputation, and finances. Contact our office today at (434) 595-3581 to schedule your initial consultation. You may also send us a message through our online contact form.
