Virginia DUI Defense Lawyer

A person charged with driving under the influence may find themselves facing a wide range of challenges. Questions about what the DUI charges will mean for your future, if you will be able to maintain your license, and how a DUI conviction could impact your family may be racing through your mind.

By working with a Virginia DUI attorney, you gain the insight you need to build a strong DUI defense. However, it is not always possible to get DUI cases dropped. Your Virginia DUI lawyer will be able to provide you with clarity on all of the legal strategies available to you. At Welch & Wright, our defense lawyers become your advocate, fighting for your rights.

DUI & DWI in Virginia: Understanding the Basics

Driving under the influence (DUI) and driving while intoxicated (DWI) are terms often used interchangeably but have different meanings. In Virginia, DWI laws involve two specific types:

• Alcohol: This type of DWI violation indicates the driver meets the legal requirements based on a bodily fluids test, such as blood, urine, or breath test that give rise to a presumption of being intoxicated. This presumption starts at a BAC of .08. It is possible to rebut this presumption, and the skilled attorneys at Welch & Wright know how.
• Drugs: A person with substances in their body, other than alcohol, that directly impair their abilities to drive safely. This can also occur when drugs and alcohol are combined to cause impairment, although they may not be enough separately to impair the driver.

Under Virginia DUI laws, the following applies based on blood alcohol concentration (BAC):

• BAC of 0.08%
• BAC of 0.02% and under the age of 21
• BAC of .1 milligram per liter or more of methamphetamine
• BAC of 0.02 milligrams or more of cocaine
• BAC of .02 milligrams or more of phencyclidine (PCP)

In these situations, a DUI offense is likely to be charged, and that means you could face serious fines and potential jail time if convicted. Working with an experienced Virginia DUI attorney may minimize that risk.

Types of DUI Cases We Handle

Failing field sobriety tests like a breath test or a blood test is a terrifying experience. In these situations, it is imperative to discuss your case with an experienced Virginia DUI attorney as soon as possible. Our attorneys handle most types of DWI cases, including:

• First-time DUI offenses: Those facing a first-time DWI charge may still face maximum penalties of up to 1 year in jail, a 1 year license suspension and fines of up to $2,500. The driver would also be required to have an ignition interlock in their vehicle for at least 6 months, and to complete a VASAP (Virginia Alcohol Safety Action Program) course.
• Second-time DUI offenses: If you are charged with a second DUI offense within 10 years, you could face mandatory jail time, loss of your license for up to three years, and additional restrictions, including the use of ignition interlock devices.
• Third-time DUI offenses: In situations where you are charged with a third DUI within a five or 10-year period, you can expect added jail time and an indefinite loss of your license that could be permanent.
• Felony DUI charges: A felony DUI charge, such as felony drunk driving, could lead to amplified penalties, including prison time.
• Driving under the influence of drugs: DUID is a serious charge that carries the risk of jail time and fines.

Welch & Wright provides experienced legal guidance to those facing any of these or other potential charges. Driving under the influence of alcohol is a crime. We cannot erase that, but we can create a strong criminal defense strategy capable of potentially reducing the charges or working out a plea agreement that could lessen the potential implications for your future.

Implied Consent to Blood and Breath Tests

One core area to understand in Virginia DUI cases is implied consent to blood and breath tests. All drivers in the state provide implied consent to field sobriety tests just by driving on the roads and interstates of Virginia. If an officer makes a request after an arrest for DUI within a three-hour window, drivers must consent to a blood or breath test or could be charged with a refusal charge. A first offense refusal charge is a civil penalty which will result in the suspension of your privilege to drive in Virginia for 1 year. A second or subsequent offense becomes a misdemeanor with the possibility of an active jail sentence.

If an officer arrests a person on suspicion of DUI, that officer can require the driver to submit to a breath test, and only if that test is not available can they request a blood test. The blood test requires a warrant, however, the driver can waive this requirement by consenting to the blood test. Refusal to consent carries additional risks to drivers:

• Suspension of driver’s license for up to one year
• TA second offense is a Class 1 misdemeanor.

How Can an Attorney Help with a DUI Case?

DUI law is complex, and without the help of a criminal lawyer, you face it on your own or with a court-appointed attorney who likely has a high caseload. Even for a first offense, this can lead to serious losses. An attorney can potentially help in several ways:

• Help you understand your rights under the law.
• Determine all potential DUI defense strategies that may apply in your situation.
• Obtain any evidence that may help build your defense claim.
• Enter a plea agreement for you that is fair and acceptable to you.
• Retain necessary experts to guide your DUI or DWI charge being dropped or reduced.
• Potentially reduce your jail sentence.

Under the Commonwealth of Virginia, you have the right to seek out the help of an attorney upon your DUI arrest. We encourage you to do so in every situation.

When Is a DUI Considered a Felony in Virginia?

A felony charge for a DUI in Virginia applies in:

• Your third DUI charge within the previous 10 years
• Driving under the influence and causing an accident that creates serious injury or death to another person

Can You Appeal a DUI Conviction in Virginia?

A driver facing a DUI arrest and conviction may appeal that decision if made in the General District Court. It is possible to appeal that ruling within 10 days to the Circuit Court of Virginia. This process gives you a second chance to plead your case.

Do I Lose My License After a DUI?

As a criminal offense, DUI is a serious charge carrying significant penalties, including potential driver’s license suspension and, in some situations, revocation of your license depending on the specific traffic offenses you have had before. Whether you lose your license is dependent on your specific situation.

If you refuse a blood alcohol content test, you could face an administrative license suspension, even if you are not convicted of a DUI. For a first-time offense, this could be a seven-day suspension but can extend longer.

If you are convicted, the following driver’s license suspensions could apply:

• First DUI: 12 months, though a restricted license may be possible
• Second DUI: Three years, a restricted license may be available for driving to work, school, or court after a 1 year period of no restriction
• Third DUI: Indefinite suspension of your driver’s license, though drivers may petition the court to have it reinstated after a certain amount of time has lapsed

How Likely Is Jail Time for a First-Time DUI?

Jail penalties depend on the situation. Most people with a BAC under 0.14 will not face jail time. If higher, then you may. If you are charged with additional crimes, such as reckless driving, your chances of facing jail time increase.

What Are the Penalties for a First DUI Offense in Virginia?

If you are arrested for DUI and convicted, you may be facing several penalties, including:

• Fines up to $2500
• Up to one year in jail
• Seven-day administrative license suspension after being arrested and charged
• Ignition interlock device for at least 6 months

12-month license suspension by the court

Why Choose Welch & Wright, PLLC?

As a law firm dedicated to our clients, Welch & Wright, PLLC has fought for the rights of many people charged with DUI offenses. Our goal is always to achieve the most desirable outcome, even when your blood alcohol content may seem to make defending against the DUI charge impossible.

Seek out a consultation with our legal team. Establishing a client relationship with us means you gain an advocate ready to fight for you. We serve clients throughout the Hampton Roads area.

Testimonials

“I can’t recommend Nick highly enough! He has handled two of my own cases as well as my boyfriend’s, and in every instance, his professionalism and timeliness have been exemplary. Nick consistently achieves the best results, and working with him is always a pleasure. His dedication and expertise have provided us with peace of mind and outstanding outcomes. If you need a lawyer who truly delivers, look no further than Nick!” — Caitlin R.

“Nick Wright was exceptional in working with us and representing our son with his case. He was quick to respond, answered all questions and provided expert advice and his representation gave us the best outcome. I highly recommend Nick.” – Capino F.

Our Attorneys Can Help Build a Defense for Your DUI Charges

When law enforcement pulls you over for probable cause of DUI, seek out an attorney who can help you. At Welch & Wright, PLLC, we offer comprehensive legal guidance to our clients, including building strong legal defense strategies. Call us now at (757) 707-8803 or fill out our contact form for guidance.