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DUI Virginia

If you face a DUI charge Virginia, the skilled team of attorneys at Scrofano Law will provide the peace of mind you need through every phase of your defense.

Virginia DUI Defense: An Overview


You consider yourself a skilled driver and have probably even driven after having a few drinks once or twice, but has it ever occurred that your actions might result in drunk driving charges in Virginia? You may have gone through your entire life thinking you will never require the services of a lawyer.

However, if you get behind the wheel while even slightly impaired, you may be pulled over and arrested. In fact, you might be accused of a DUI (DWI) even if you were not under the influence of alcohol, drugs, or medications. You may be required to take a blood or breath test, attend Alcohol Safety Action Program, install an ignition interlock device in your car, or face driver’s license suspensionWhether you are guilty or not, you should retain professional counsel to ensure you do not receive harsher penalties as per the Virginia DUI Laws than necessary.


How Can a DUI Defense Attorney Help?

If you find yourself facing a DUI (DWI), Virginia, DC DUI Attorney Christopher Mutimer of Scrofano Law, PC can provide the knowledge and experience to help you avoid jail time and costly fines for felony DWI. Our attorneys are experts in Virginia Code and can handle your first-time DUI case while maintaining a good attorney-client relationship.


DUI and DWI in Virginia

A DUI in Virginia occurs when you are driving under the influence, whether it is in an automobile, motorcycle, boat, or another type of watercraft. If your blood alcohol content (BAC) is 0.08 percent or higher, you are violating the BAC laws. Even if your BAC level is lower than 0.08, you may be charged with a DUI if you can control a vehicle, boat, or watercraft suffers. Moreover, you will also be tested for the Field Sobriety Tests (FSTs) to determine if you are actually impaired. The felonies are similar and have the same penalties for a first DUI offense or DWI offense.

Additionally, if your use of any drug, prescription, or over-the-counter medication impacted your driving performance, you might face charges under Virginia DUI law. If you’re charged with a drunk driving offense in Virginia, you need to realize the seriousness of the potential consequences. If you receive a DUI arrest, immediately call a local DUI defense attorney and a law firm that can provide valuable advice about offense DUI cases and can represent you in the Virginia Courts.

Virginia First Offense DUI Carries Serious Consequences


Even your first DUI charge is a Class 1 misdemeanor in Virginia, which is the highest level of a misdemeanor that exists in the state. If you have had no DWI convictions within the previous ten years, it is considered a first offense DWI, and you are facing up to a year in jail, fines, probation, and license suspension. The charges for any DUI are set by statute, but specific situations like a high blood alcohol content or having children on board can increase these charges.

Depending on the particulars of your arrest, you may require a DUI defense attorney who also has experience with traffic violations in order to handle the nuances of your case.

The expert Virginia criminal defense attorney at Scrofano Law, PC will help you restore your driving privileges, brief you on the legal limit of alcohol, help you handle your DWI cases, and fight against your DUI charges in the local courts. Book a free consultation to understand unreasonable refusal, wet reckless charges, and how you can apply for a restricted driver’s license.


DUI First Offense VA

As a misdemeanor, the DUI first offense VA penalties can be stiff. Penalties for a first DUI can include any combination of jail time, fines, and treatment.

For offenses that include travelers under 18 years of age, the judge will add an extra five days to the transgressor’s jail sentence and an additional $500 to $1,000 fine. Since the consequences of even a first offense DUI are so dire, you must retain counsel as quickly as possible.

What Are Virginia DUI Penalties?


If you have already had a first offense, you may be increasingly concerned about additional Virginia DUI penalties for subsequent offenses. If you are involved in an automobile crash, and a police officer has caused you to believe that you are impaired, you can be detained for DUI within three hours of the crash without a warrant.

Penalties for drunk driving in Virginia become more stringent with each offense.

DUI Penalties

If you are detained for DUI a third or subsequent time within a five-year period, you will not be given bail while you wait to go to trial. You will also likely lose your driver’s license making traveling to work or school difficult.


DWI Penalties

The penalties for a DWI motor vehicle offense are the same as for a DUI offense. The fine charges could be from $250 to $2500, depending on the type of your case. If property damage is also being done, then you might also face some other penalties being the holder of actual physical control of the driver’s seat.

To avoid having your entire life upended, reach out to adequate legal counsel. Plus, if you are arrested for driving while intoxicated before you are of legal age to drink, a lawyer who also specializes in underage drinking should be one of your first calls after being arrested.


Virginia DUI Penalty

Under Virginia law, the DUI penalty that you receive is determined by several things, including prior offenses and other factors. The most significant consideration, though, is the blood alcohol content.

In addition to other possible charges, if you are convicted of DUI in Virginia, you will need to do VASAP. Even if you are driving under the influence or driving while intoxicated, offense resulted from your prescription medication, you would need to finish VASAP to clear your license with Virginia DMV. The program consists of two-hour classes for a minimum of ten weeks. Additional treatment like Alcoholics Anonymous may be required depending on your drug and alcohol history.

Reckless driving while under the influence can significantly increase your penalties and even escalate your charges. A reputable attorney will be able to provide the advice to help you navigate your case.

DUI in VA: What Happens with Your Driver’s License?


If you are charged with DUI in Virginia, you will have a seven-day suspension of your license for a very first offense or a 60-day suspension for a second offense. After the pretrial suspension is over, you can either retrieve your license in person from the Virginia DMV or have it mailed to you.

If you are condemned to a first-offense DUI, your license suspension will last for one year. During that time, the courts may grant a restricted license that allows you to drive to the following:

  • Child care
  • Church
  • Grocery store
  • School
  • Work

You would need to set up an ignition interlock on whatever automobile you are driving for the first six months, to reduce driving otherwise.

A conviction for a second offense DUI in Virginia makes it harder to get to work. You would lose your driver’s license for up to three years. You may be able to get a restricted license after 4 to 12 months, depending on how much time transpired between your first and second offense. The right lawyer will help you avoid license suspension after you have been accused of driving under the influence.

Virginia DUI Statute: Can You Expunge a DUI Conviction?


Virginia DUI statute 18.2-266 forbids operating any motor vehicle under the influence of drugs or alcohol or any type of substance that impairs your capabilities to drive it safely.

You may wonder how long a DUI (DWI) will remain on your record. Unfortunately, a DUI offense is a class 1 misdemeanor and will be on your criminal record permanently. The offense will stay on your driving record, though, for only 11 years. This can still be inconvenient. Hiring a reputable DUI lawyer who also specializes in drug charges will be able to provide your options and offer advice if your DUI was due to drugs or medication. If necessary, your legal counsel will represent you in court.


DUI Defense Strategies


Facing a DUI charge in Virginia can be a daunting experience, but understanding common defense strategies can offer a glimmer of hope.

Firstly, the accuracy of the BAC testing methods is often challenged. Issues with the maintenance and operation of breathalyzer machines can lead to inaccuracies. For instance, if the device was not calibrated correctly or if the operator was not properly certified, the results could be deemed unreliable.

Another avenue is scrutinizing the legality of the traffic stop itself. Law enforcement must have a valid reason, known as reasonable suspicion, to stop a driver. Without this, any evidence gathered during the stop could potentially be suppressed. This strategy hinges on the Fourth Amendment rights against unreasonable searches and seizures, emphasizing the importance of lawful police procedures.

Moreover, the field sobriety tests (FSTs), designed to assess impairment, are subject to human error and subjective interpretation. Factors such as medical conditions, disabilities, or even footwear can unfairly influence FST results. Highlighting these variables can cast doubt on the reliability of the evidence used to indicate impairment.

Each case is unique, and these strategies require a nuanced understanding of both the law and the specifics of the individual’s situation. It’s crucial to consult with a skilled DUI defense attorney who can navigate these complexities and advocate for the best possible outcome.


Facing a DUI Arrest in Virginia? Call Us!


When dealing with DUI arrests in Virginia, it is imperative that you immediately retain legal representation. With jail time, fines, treatment requirements, and license suspension, the potential consequences of underestimating these charges could forever change your life and limit your options. Contact Virginia criminal defense attorney Christopher Mutimer at Scrofano Law, PC, for the best advice, strategy, and representation for your particular situation.


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