Virginia Beach DUI Defense Lawyer

Being pulled over and being charged with driving under the influence (DUI) is a frightening experience. Virginia takes DUI seriously, and penalties can range from jail time to hefty fines, especially if you do not have a good defense.

Just because you have been charged with DUI does not mean you have to give up or let it affect the rest of your life. Working with an experienced criminal law attorney can potentially have charges reduced or even dismissed.

If you face a DUI charge in Virginia, the skilled criminal defense attorneys at Welch & Wright, PLLC in Virginia Beach, are here for you. Our law office has years of experience and is well-versed in the nuances of Virginia laws. We will work with you to build a strong legal defense.

Why Choose Welch & Wright, PLLC As Your Virginia DUI Defense Lawyer

Clients often choose Welch & Wright, PLLC, to represent them and provide legal advice in DUI cases because we are experienced attorneys born and raised in Hampton Roads. If you choose us to represent you, you can count on us to be communicative and respectful, hear your side of the story, and take a personalized approach to your case.

Peers respect our attorneys, and we have a good rapport with the courts and prosecutors’ offices. We uphold the highest service standards and will work tirelessly to improve the outcome of your case, including a potential dismissal.

Defense Client Testimonials

“I had an excellent experience with Calum. He was professional, knowledgeable, and always available to answer my questions. His guidance and support made the legal process smooth and stress-free. I highly recommend his services to anyone in need of a reliable and skilled lawyer.” — Fiesha D.

“Nick did a fantastic job taking care of a legal matter for me. Working with Nick was streamlined, affordable and effective, and the exceptional results that Nick delivered were better than I could have imagined. — Robert L.

Virginia DUI Laws

Driving under the influence of alcohol or drugs is dangerous because it significantly increases the chance of an accident occurring, causing personal injury or fatality. Operating a motor vehicle under any influence hinders visual function, ability to react quickly, inability to multitask, and general loss of judgment.

According to Virginia statistics, 27% of traffic fatalities were related to alcohol in 2022. Virginia considers drivers with a blood alcohol content (BAC) of .08 percent or more to be driving under the influence. However, drivers 21 and older with a lower BAC can face a DUI conviction, and those under 21 can be charged with illegal consumption if they are found to have a BAC of even .02.

When is a DUI Considered a Felony in Virginia?

A Virginia DUI arrest is usually charged as a misdemeanor unless the individual is a repeat offender. A person will be charged with a Class 6 felony if it is their third offense within 10 years, which comes with harsher penalties than misdemeanor offenses. Penalties are stricter if the three convictions occur within five years or if a person commits more than three DUI offenses within 10 years.

What Are the Penalties for a DUI in Virginia Beach?

Virginia has some of the strictest DUI laws in the U.S. as the Commonwealth takes drinking while driving or using drugs seriously, giving out harsh penalties.

First DUI Charge

For instance, a person convicted of a first-time DUI offense in Virginia Beach may be sentenced to a fine of $250 to $2,500, revocation of their driver’s license for up to one year, and potential jail time up to 1 year.

Second DUI Charge

A second conviction will come with penalties of a mandatory minimum $500 to $2,500 fine, revocation of driving privileges for up to three years, and a potential jail sentence of up to one year. However, these sentences may be harsher, depending upon the BAC level at the time of the arrest and how many prior offenses occurred within the previous five to 10 years.

With each subsequent DUI criminal charge, the penalties become more severe, with increased jail time sentences, thousands of dollars in fines, mandatory participation in an alcohol education course, and an ignition interlock device installed on the vehicle. Multiple DUIs will lead to a felony conviction if found guilty.

Virginia Beach DUI Defense Strategies

Even if you are arrested for DUI and face charges, there are some possible defense strategies, if applicable, including:

• Violation of your constitutional rights (e.g. an invalid stop without reasonable suspicion)
• No probable cause to stop your vehicle
• Problems with the breath test device and its calibration, giving incorrect results
• Law enforcement did not correctly administer the breathalyzer or read Virginia’s implied consent law
• Police officers did not follow proper protocols when administering field sobriety tests

The Virginia Beach criminal defense attorneys at Welch & Wright are highly experienced with identifying problematic issues and will use these to help build a strong defense.

Field Sobriety Tests and Implied Consent

Virginia has an implied consent law under § 18.2-268.3 that states you consent to a breathalyzer test by driving on Virginia roads. You may refuse the test, but if you do, you can get your license suspended for a year on a first offense, added to any suspension you receive if you are convicted of DUI. For subsequent offenses of violating Virginia’s implied consent law the offense becomes a criminal charge and you could receive a 1-year jail sentence, a $2,500 fine, and a 3-year license suspension.

Don’t Let A DUI Charge Violate Your Rights. Contact Welch & Wright Today

If you have been arrested and charged with a DUI in Virginia Beach, you do not have to face the uncertainties alone. The skilled and compassionate DUI lawyers at Welch & Wright, PLLC are here for you. Our law firm will aggressively advocate on your behalf and leave no stone unturned in your criminal case as we investigate any potential problems with your arrest.

You have rights. Our criminal defense lawyers will do everything we can to preserve them and see you are treated fairly. Contact Welch & Wright at (757) 707-8803 to schedule a free consultation or complete our online contact form.

Facing a different type of criminal charge, including but not limited to traffic violations or reckless driving? Call us to learn more about our other practice areas.