Virginia DUI DEFENSE Attorney (18.2-266)

Let us fight your DUI DWI charge in court. As a Virginia DUI defense attorney, I’ve defended clients in the Virginia courts. Call me to discuss your DUI DWI criminal charge.

Read Important Information Related to DUI DWI Penalties & Defense Strategies:

DUI or DWI?

Technically, Virginia has DWI laws.  DWI stands for Driving While Intoxicated.  Because of how much more common DUI is in movies, TV, and everyday speech, many casually refer to DWIs as DUIs. 

Going forward we will stick to DUI, which stands for Driving Under the Influence.

If you are charged with drinking and driving, you are facing tremendous fines and extended periods of jail time.  Like other crimes in Virginia, repeated DUI offenses will result in more severe fines, long prison sentences, and other heightened penalties.  If you are facing DUI charges in Virginia, you need an experienced Virginia DUI Attorney from the American Lawyers Group representing you and defending your rights in court.

Are DUI Laws Just For Alcohol?

No.  Virginia DUI laws are triggered when you are driving and affected by any of a host of drugs. 

Under §18.2-266, these drugs include alcohol, PCP, cocaine, meth, and others that impair the ability to drive safely.  

• 18.2-266 sets out precise concentrations of the various drugs that make driving illegal.  For example, a blood alcohol concentration (BAC) of .08 creates a presumption in court that you were intoxicated when you were driving.  Likewise, .02 milligrams of cocaine per liter of blood will constitute a DUI offense.

When Will Virginia Police Pull You Over?

Virginia police lookout for a few key signs that show a driver is under the influence of alcohol or other drugs.  Specifically, police look for lane positions. 

Lane position signs include things like weaving, driving between lanes, swerving, following cars too closely, and other poor handling issues.  

Police also look for speeding and braking signs.  These include jerky starts and stops, stopping too far from or too close to other cars, and other signs of drunk driving.

Some things are not evidence of drunk driving, however.  One example of these signs is red eyes, which could be a sign of exhaustion or wind fatigue.

Do You Have to Take a Breath Test?

Yes.  When you are using Virginia’s roads, you give consent to submit to a breath test to determine the alcohol content of your blood. 

The first offense of refusing to submit to the test can cause your license to be suspended for a year. 

From there the time of suspension grows to three years if the second refusal is within 10 days of the first.  Additionally, this second refusal is a class 1 misdemeanor, which carries large fines and jail time.

When Are the Police Allowed to do a Blood Test

Generally, the police need either your explicit consent or a warrant from a judge to perform a blood test.  However, there are some narrow circumstances where the police can draw blood without consent or a warrant.

Field Sobriety Tests

Police officers will often ask you to step out of your vehicle and perform some sobriety tests if they suspect you are driving under the influence. 

Sometimes the police need these tests because they do not have enough evidence to arrest you for a DUI. 

You do not have to perform these tests, and they can be used against you in court.  However, failure to perform the tests will annoy the police and could get them to call for a warrant to fully search you and your vehicle.  If you have questions about just how cooperative you should be with the police, call the Virginia DUI Defense Attorney at American Lawyers Group.

Penalties for Repeat Offenses

Below is a table to show some of the more severe penalties that can come from repeated DUI convictions.  As you can see, your DUI first offense is a class 1 misdemeanor and is punished harshly. 

Because DUI can be a misdemeanor or felony, you need a Virginia criminal defense attorney, like the ones at American Lawyers Group.

DUI Offense #	Offense Class	Maximum Jail Time	License Suspension
First Offense	Class 1 Misdemeanor	1 year	1 year
Second in a 5-year span	Class 1 Misdemeanor	1 year	3 years
Third in a 5-year span	Class 6 Felony	5 years	3 years
Second in a 10-year span	Class 1 Misdemeanor	1 year	3 years
Third in a 10-year span	Class 6 Felony	5 years	3 years

Why You Need Virginia DUI Defense Attorney?

You need a Virginia DUI defense attorney because Virginia has such strict DUI laws that can land you in jail, with heavy fines and a suspended license for a first offense. 

From there, penalties and punishments only get worse. 

You need a Virginia DUI defense attorney, because driving is so essential to modern life in Virginia, and you cannot afford to have your license suspended for months or years on end.  Additionally, you do not want the increased insurance costs that come with a DUI conviction. 

If you are facing DUI charges in Virginia, call the Virginia DUI defense attorney at American Lawyers Group.