- Key Takeaways
- Norfolk DUI Defense Strategies
- Penalties for a DUI in Norfolk Virginia
- Virginia’s Implied Consent Laws
- Why Choose Welch & Wright, PLLC Norfolk Virginia DUI Lawyers
- Our Firm Handles the Following Types of DUI Cases
- Don’t Face Your DUI Charges Alone. Contact the Welch & Wright DUI Defense Lawyers
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Norfolk DUI Charge Defense Lawyer
- Key Takeaways
- Norfolk DUI Defense Strategies
- Penalties for a DUI in Norfolk Virginia
- Virginia’s Implied Consent Laws
- Why Choose Welch & Wright, PLLC Norfolk Virginia DUI Lawyers
- Our Firm Handles the Following Types of DUI Cases
- Don’t Face Your DUI Charges Alone. Contact the Welch & Wright DUI Defense Lawyers
Key Takeaways
- Virginia can administratively suspend your driver’s license, even without a conviction.
- DUI penalties are high and include jail time, even for first offenses.
- Experienced criminal defense attorneys at a law office that handles DUI cases can help you create a strategy, including reducing criminal charges for DUI.
- While Virginia’s penalties include jail time for a first offense, people rarely see that unless their blood alcohol content is over 0.15 or there is a severe accident involved.

If you are stopped for DUI, you can lose your license, even if the breathalyzer gave a false positive. In some cases, police may err, the breathalyzer may not be calibrated correctly, or you may have another reason for being charged with DUI, such as dealing with certain illnesses or taking medications that inflate your blood alcohol content.
A DUI follows you around for years, so whether you were driving under the influence or you received a false positive, you should contact a criminal defense lawyer. Welch & Wright, PLLC, can guide you through the process, protect your rights, and help develop a strategy for a more preferable outcome.
Contact a Norfolk DUI lawyer as soon as possible after a DUI stop for help defending your case.
Norfolk DUI Defense Strategies
DUI charges in Norfolk, Virginia, are severe and could affect you for the rest of your life. If law enforcement arrests you for DUI, contact a Norfolk DUI lawyer as quickly as possible so we can start building a defense for the DUI charges. The police must have reasonable suspicion that you are impaired or have seen you commit a traffic violation to stop you.
If the stop was not legal, any evidence obtained after the stop may not be admissible, which could result in the dismissal of the case.
Other DUI Defense Strategies Include:
- Incorrect testing methods
- Mishandling of the blood or urine sample
- Incorrect calibration of the breathalyzer machine
- Unlawful search and seizure during a traffic stop
- Improperly conducting the field sobriety tests
- False readings due to legitimate prescription drugs and other factors
Penalties for a DUI in Norfolk Virginia

Because of Virginia’s strict drunk driving laws, which are also applicable to driving while under the influence of drugs, the penalties are high and may include:
- Loss of your license for a year (first offense)
- Mandatory ignition interlock device installed on your vehicle
- License suspension for three years (second offense)
- Jail sentence of up to a year
- Prison (if 3rd or subsequent offense)
- $2,500 fine (higher for second and third-time offenders)
- Mandatory participation in an alcohol education course
Virginia’s Implied Consent Laws
As soon as you get your license, Virginia’s implied consent law is in effect when driving on the highways of Virginia. Which means that if you drive on a highway, you also agree to consent to a breathalyzer test when an officer is conducting a DUI investigation. However, the definition of “highway” has many meanings in Virginia, and there are certain instances where implied consent would not apply (such as it being 3 hours since you last drove a vehicle). These are legal issues that the experienced DUI defense attorneys at Welch & Wright can help find in your case, which could result in the entire DUI charge being thrown out.
If you refuse the post-arrest breath test, law enforcement can charge you with a Refusal charge, which is a civil charge for a first offense, but upon conviction results in suspension of your license for a year. If you are arrested a second time and again refuse within 10 years, it is a Class 1 misdemeanor and could result in a three-year license suspension.
Why Choose Welch & Wright, PLLC Norfolk Virginia DUI Lawyers
Fighting a DUI, especially if you received a false positive, can be very difficult in Virginia. An experienced law firm with knowledge of the legal process, such as Welch & Wright, PLLC’s criminal defense attorneys, can help you create a strategy.
Recent Client Testimonials
(Nick T. Wright) I told him my situation he gave me my instructions and I was very pleased with the end results.
I had the pleasure of working with Nick and he got my reckless driving ticket dropped down to a regular speeding ticket which was the best outcome. 10/10 recommend!!!!!
Calum Welch did an excellent job representing me in a court case for speeding. Being my first offense, he welcomed me with open arms and made the process easy to navigate. Thanks to his expertise, my speeding ticket was reduced to defective equipment! I’m very happy with the outcome and highly recommend his services to anyone in need of legal representation.
Our Firm Handles the Following Types of DUI Cases
Driving under the influence can result in administrative and criminal penalties. If you are convicted and receive criminal penalties, you could spend time in jail or prison, the Commonwealth could suspend your license, you may have to pay a fine, and more.
A DUI can hinder your ability to live your life, including grocery shopping, commuting to work, picking your children up at school, and more. If you are stopped for DUI in a commercial vehicle, the penalties can be even higher.
The legal limit for most people is 0.08 percent, 0.04 percent for commercial drivers, and 0.02 percent for people under 21.
Welch & Wright, PLLC, handles several types of DUI cases, including:
- First Offense DUIs
- Second and subsequent offense DUIs
- Underage DUI
- Commercial Driver DUI
- DUID (DUI with Drugs)
- DUI vehicular assault
- DUI vehicular homicide
Our DUI Defense Attorneys Have Been Awarded Clients Choice Awards for Three Consecutive Years
We have earned the Avvo Client’s Choice Award several times over the past years, thanks to our experience as criminal defense and DUI attorneys in Virginia and our ability to prioritize our clients’ interests.
Whether we have to go to court or settle your case, we do what needs to be done so you can get a more preferable outcome.
Don’t Face Your DUI Charges Alone. Contact the Welch & Wright DUI Defense Lawyers
A DUI conviction can affect you for the rest of your life. At a minimum, if you have one DUI with an administrative suspension, it still affects your life, as subsequent DUIs pile up and come with higher fines, harsher punishments on your privilege to drive, and longer prison terms.
Instead of trying to defend against a DUI alone, contact Welch & Wright, PLLC, to help you through the process and fight for your case. Contact us for a consultation at 757-707-8803 or by completing our online contact form.

Written By Nick T. Wright
Attorney Nick T. Wright is one of the founders of Welch & Wright, PLLC. Nick T. Wright focuses his practice on criminal defense cases, particularly ones involving DUI defense, traffic violations, petty theft, and nonviolent sex offense cases. Nick Wright has handled thousands of cases in Hampton Roads, the Greater Richmond, VA area, and northern Virginia. He received his law degree from the University of Richmond School of Law. Nick T. Wright is associated with the Virginia Association of Criminal Defense Lawyers (VACDL) and the National College of DUI Defense (NCDD), among other affiliations.
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