DUI VIRGINIA FIRST OFFENSE LAWYER

Let us fight your criminal DUI charge in court. As a DUI Virginia first offense lawyer, have represented DUI clients in Virginia courts and fought for their legal rights. Call me to discuss your case.

read below how we fight dui in court and penalties

What Must The Virginia Prosecutor Prove For a Virginia Criminal Conviction Under Va Code 18.2-266?

In Virginia, the prosecuting attorney must present evidence to the judge or jury that the driver was impaired. 

This proof must establish the guilt of the driver beyond a reasonable doubt.

Our DUI Virginia first offense lawyer will conduct a comprehensive review of the case, prior to your trial to identify errors and weaknesses in the prosecution’s case.

VA code 18.2-266 lays out the crime of driving which intoxicated, which contain the following Virginia DUI Laws as they pertain to the Virginia DUI Statute, that includes: driving with a blood-alcohol level of .08 or above, driving under the influence of alcohol or drugs or both and driving with prescription drugs in their blood.

Make sure your DUI Lawyer is experienced with all aspects of the Virginia DUI laws.

How Will Your Attorney Prepare Prior To The DUI Trial?

The first thing your attorney is going to examine is the reason for the traffic stop. 

If the officer cannot articulate a reason for pulling you over any evidence gathered may be admissible.

In other words, the office has to have a reason for administering a roadside sobriety test or a breathalyzer. 

Depending on which court your case is heard, your DUI Virginia first offense lawyer may review the video recording of the stop.

What Is The Legal Alcohol Limit in Va As Provided By the Virginia DUI Laws 18.2-266?

In the Commonwealth of Virginia, the legal is a BAC of no higher than .08 grams or more per 210 liters of breath. 

However, if you are found to have a higher BAC, that could impact your sentence.

Penalties for a DUI in Virginia as Explained by a VA DUI Attorney

A DUI conviction in Virginia is a Class 1 misdemeanor VA code 18.2-266, which is punishable by a minimum fine of $250 and a maximum of $2500.

Moreover, the Virginia DUI laws applying to commercial drivers for the DUI Virginia first offense are more strict.

It is also punished by up to 12 months in jail and a driver’s license suspension or revocation for subsequent offenses.

A DUI first offense VA conviction, under VA code 18.2-266, has the following mandatory requirement:

1. To attend the ASAP (Alcohol Safety Action Program), these classes are held weekly;
2. To take random drug and alcohol tests.

A DUI Virginia first offense conviction under code 18.2-266 can have an effect on your security clearance.

Additionally, if you are granted a restricted license, you must install an ignition interlock system, in any car the driver’s name is registered to, for up to 6 months.

A conviction of a DWI in VA will remain on your criminal record and cannot be expunged. 

If your driver’s license is from Virginia, you will also lose six points from your license.

After a DUI arrest, the officer can impound the vehicle and the driver is responsible for all vehicle expenses, related to the impoundment.

Some of the Virginia DUI penalties, as listed in the Virginia DUI Laws include the driver’s license being suspended for 7 days.

In some instances. The officer will arrest the driver, in cases of accidents or suspicion of drugs,  even if the BAC is below .08.

Make sure to contact our experienced DUI lawyers to defend you.

How Does a 2nd DUI Offence in VA Differs From a DWI First Offense VA

As you could probably guess, the penalties for a 2nd DUI in Virginia, are steeper in all aspects than a first offense.

If the DUI offense occurred within 5 years of the first offense.

Then the convicted driver can be punished with a mandatory minimum sentence of 20 days in jail, a minimum fine of $500, and driver’s license revocation for up to 3 years.

Along with a requirement to take the ASAP program and installation of the ignition interlock system.

If the 2nd DUI in VA occurred, within 10 years of the DWI 1st offense VA. Then the convicted DUI driver will face a mandatory sentence of 10 days in jail, a minimum fine of $500, a revocation of the driver’s license for up to 3 years.

Call our DUI Lawyer now to discuss your case at 703-786-8340.

Are you a Minor Driver Facing a DUI in Virginia?

The Virginia DUI Laws that apply to Juvenile drivers is Va Code 18.2-266.1, the statutes states that drivers under 21 year of age, face the possibility of a DWI Virginia conviction even if the alcohol level is between .02 and .08.

In the Commonwealth of Virginia, it is illegal for Juveniles under 21 to consume alcohol, As a result, the Commonwealth attorney; only needs to establish that the underage driver consumed alcohol prior to driving the vehicle.

If the Juvenile and Domestic Relations Court convicts a teenager of a DUI Virginia first offense, it can be costly for families’ car insurance, especially if the teenager has just received their driving permit.

We encourage you to contact our DUI attorney to discuss your DWI case.

The Juvenile and Domestic Relations Virginia court hears underage DUI cases.

Adult cases are heard in the Virginia General District Courts or the Virginia Circuit Courts.

Virginia DUI Laws That Apply to Commercial CDL Drivers

Driving a commercial vehicle under the influence is a very dangerous act that is prohibited by Va Code 46.2 341.24.

The prosecutor must prove that the offender operated a commercial vehicle while under the influence of alcohol or drugs.

Being convicted of a commercial driver Virginia DUI is a criminal Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2500.

Commercial drivers are disqualified from driving a commercial vehicle after a conviction of a DUI also cannot be qualified for a restricted license.

Operating a commercial vehicle with a BAC of .04 or more is a class 3 misdemeanor under Virginia code 46.2-341.24.

A commercial driver convicted of a second DUI committed within 5 years will be punished with up to 12 months in jail and a penalty of up to $2500 under Virginia code 46.2-341.28.

The second offense within 10 years will be punished with up to 12 months in jail and a fine of up to $2500.

Commercial drivers convicted of a third offense of a DUI, within 10 years, will be subjected to a loss of their driving privileges indefinitely.

How Do You get a Virginia Restricted License?

Your DUI attorney might prepare a petition for a Virginia restricted license, prior to your DUI trial date.

Your biographical information will be filled in that form along with your job information, and details about work location and work travel schedules.

It is up to the judge to either approve or disapprove the issuance of the restricted license. Make sure to discuss details about why you need a restricted license with our DUI Lawyer.

Are you Obligated to Take the Field Sobriety Test, After a Virginia DUI Traffic Stop?

It is within your legal right in the Commonwealth of Virginia, to refuse to take a field sobriety test.

You will need to keep in mind that the officer will likely place you under arrest for refusal under Va Code 18.2-268.3.

Field sobriety tests are in many cases inaccurate.

Especially that it might be dependent on the following conditions: weather conditions, on the type of shoes you were, or pavement surface conditions.

If you have been charged with a DUI contact our DUI lawyer to go over your case and discuss possible DUI defense strategies at 703-786-8340.

What are The Types of Field Sobriety Tests, Officers Will Ask You To Perform In A Virginia DUI Traffic Stop?

During a Virginia DUI traffic stop, the trooper might request you to perform one or more of the following field sobriety tests.

In the Walk and Turn field sobriety test, the officer will ask you to walk nine-steps heel to toe in a straight line.

Once you reach the ninth step, you must turn on one foot and then walk heel-to-toe in the opposite direction.

During the walk the officer will observe the following seven indicators:

The following seven indicators:

1. Did you walk the correct number of steps?
2. Were you able to maintain your balance?
3. Did you start the walk prior to the officer finishing the instructions?
4. Officer will observe if you stop and go due to losing your balance?
5. Are you using your arms for  balancing
6. Did you lose your balance on turning?

One-Leg Stand Field Sobriety Test

The officer will ask you to stand with one foot six inches off the ground, for 30 seconds, with arms on your side.

The office will then ask you to count, starting at a number of their choosing.

The officer will observe the following indicators:

-Did you put your foot down before the test is complete?

-Were You Unable to maintain your balance?

-Did You Use your arms to help maintain your balance?

-Were you able to follow instructions when counting?

Horizontal Gaze Nystagmus (HGN) Test:

The officer will use a pen or a finger and place it approximately 15 inches in front of your eyes.

They will ask the driver to follow the pen or finger, to determine if you luck the coordination to follow.  

If your eye movements are not smooth, that is an indication that you have consumed alcohol.

Penalties For DWI Convictions As Listed In The VA DUI Laws:

First DWI DUI Conviction

The first DWI/DUI offense is a class 1 misdemeanor in Virginia.

This charge is punishable by up to one year in jail, suspension of your privileges to drive for twelve months and a fine up to $2500.

Additionally, upon arrest your license will be administratively suspended for seven days.  

If you are convicted, your blood alcohol content (BAC) will determine whether you have a mandatory minimum jail sentence.

If your blood alcohol concentration is 0.15 to 0.20, you are facing a mandatory jail sentence time of five days.

If your blood alcohol concentration is over 0.20, then your mandatory minimum of jail time is ten days.

Second DWI DUI Conviction

If you are convicted of a second DWI within five years of the first offense, you have a mandatory minimum jail sentence of twenty days (but up to a year) and a minimum fine of $500. 

Your privileges to drive will be suspended for three years

If you are convicted of a second DWI within ten years of the first offense, you have a mandatory minimum jail sentence of ten days (but up to a year) and a minimum fine of $500. 

Your privileges to drive are suspended for three years, but you can apply for a restricted license after four months of your conviction.
Contact our criminal DUI lawyer, to assist with your DUI defense, at 703.786.8340.