Defending Your DUI in Virginia

You’ve recently been charged with a DUI in the state of Virginia – the place you call home. What you probably didn’t realize prior to your DUI arrest was that Virginia has some strict laws when it comes to DUI or driving under the influence of alcohol or drugs. But no matter what your circumstances are, you have a right to be defended in court.

DUI Penalties in Virginia

If you’re like many of our clients, this is your first experience with a DUI. You didn’t realize you’d be facing two separate cases, one in criminal court the other a civil proceeding. The civil proceeding is an administrative license suspension. For a first offense, you’ll lose your license for 7 days, a second offense will suspend your license for 60 days and for a third offense your license will be suspended until the day of your trial.

Because of Virginia’s Implied Consent Law, you will automatically lose your license for 7 days if you refused to take a blood, or breath chemical test. When you obtained your driver’s license in Virginia, you automatically impliedly consented to submit to a chemical test if properly asked by police. If you did take the test and failed by going over the legal limit of a .08% blood alcohol content, you will lose your license for 7 days.

Other penalties for a DUI can include: jail time, probation, community service, vehicle impoundment and insurance coverage complications. You may also face restricted travel, loss of your job and have an ignition interlock system installed. Heavy fines and court fees could also be pending.

How You Will Be Defended

If police suspect you of drinking and driving, they may ask you to perform a field sobriety test and take a breathalyzer. They use this as a means to “back up” their claim that you were DUI. However, there are weaknesses in field sobriety tests and the breathaylzer. If you have a physical condition, you may not be able to perform the FSTs properly. What if the officer didn’t instruct you by showing you first how to complete the test? And like all other machines, the breathalyzer has mechanical problems. Your test may not have been working properly. Did you know that cough syrup and breath mints could cause you to fail a breath test?

But these flaws are your strengths in court. Your lawyer will investigate your case and cross-examine the prosecution’s witnesses. So if you have a DUI in Virginia, seek the help of a qualified, experienced DUI lawyer right away!