Williamsburg Virginia DUI Defense Attorney
Representing Clients Accused of Drunk Driving in James City County & Throughout Virginia
Like all states, Virginia takes driving while under the influence of alcohol or drugs very seriously. You will face numerous penalties if convicted of this offense, many of which can negative repercussions for your future. While you may believe you should just give up and submit to the consequences, you may have various legal options that can be used in your defense. A DUI charge is a complicated legal matter that involves many factors, from the law itself to the reliability of the equipment used, the reliability of roadside sobriety tests, how and why you were pulled over in the first place, and more.
To deconstruct your case to formulate the best legal strategy, you will need a criminal defense attorney experienced in handling DUI charges. You can rely on Woodmere Law, P.L.L.C. Backed by over a decade of legal practice, an aggressive approach, and a commitment to serving clients with the highest level of professionalism, our Williamsburg DUI defense lawyer knows what to do and how to do it in helping you seek the best possible case result.
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Virginia DUI Facts & Consequences
In Virginia, you can be arrested for DUI if:
- You are over 21 and your blood alcohol concentration (BAC) measured .08 percent or higher
- You are under 21 and your BAC measured .02 percent or higher
- You are a commercial driver and your BAC measured .04 percent or higher
- You were visibly observed to be driving in an impaired state by the arresting officer regardless of your BAC level
You can be arrested for DUI when alcohol, drugs, or a combination of both have been measured or detected in your system. Even prescription drugs or over-the-counter drugs—such as sleep aids, allergy medicines, and more—may lead to impaired driving and a DUI charge.
Virginia DUI Penalties
The penalties for driving under the influence in Virginia largely depend on the circumstances of your case and how many prior convictions you have or haven’t received.
Possible penalties for DUI include:
- First Offense: Up to 12 months in jail, a $250 to $2,500 fine, 1-year license suspension and a 6-month ignition interlock device (IID) requirement with a restricted license
- Second Offense: 10 days to 12 months in jail, a $500 to $2,500 fine, 3-year license suspension, and a 6-month minimum IID requirement
- Third Offense: 90 days to 5 years in jail, a $1,000 to $2,500 fine, indefinite license suspension, and a 6-month minimum IID requirement
What Are the Consequences for a First Offense DUI?
First offense DUI charges are punishable by up to a year in jail, a fine ranging between $250 and $2500, license suspension, probation, the need for an ignition interlock device, six points on your driving record, increased auto insurance premiums, and mandatory completion of what is generally referred to as “DUI school.” If your BAC exceeded .15 percent, the penalties become more severe.
How Long Does a DUI Stay on Your Record in VA?
In the state of Virginia, a DUI will stay on your driving record for 11 years, known as a "look-back" period. If you are convicted of subsequent DUI offenses in this timeframe, you will be classified as a repeat offender and face harsher penalties. A DUI will remain on your criminal record for the rest of your life.
Is DUI a Felony Offense in Virginia?
DUI is usually a misdemeanor in Virginia, however, they can be a felony under certain cases. A third offense within 10 years of the second offense will turn the third misdemeanor into a class 6 felony. Even though a class 6 felony is the lowest level of felony in Virginia, you can still be sentenced to state prison ranging from 1 to 5 years. You may be charged with a felony on a first offense if the DUI leads to someone’s death or significant physical injury. The minimum jail term for a third conviction within ten years is 90 days. If there were three convictions within five years, there is a mandatory six-month jail sentence.
Call Woodmere Law, P.L.L.C. Today for a Free Initial Consultation.
Once you contact us, we can begin a thorough and intense investigation of all facets of your arrest to explore all potential legal options. We will work diligently to protect your rights and fight for a favorable outcome.
We are available 24/7. Call (757) 300-0309 today.
He told me exactly what I needed to do in order to receive the best possible outcome on my court date- Anonymous
You can trust this man to go to bat for you when times get hard and uncertain.- Anonymous
Mr. Freeman made me feel much more relaxed about the charge and helped me a lot!- Brooklin
We were very much impressed and very much appreciative to have Mr. Freeman- Anonymous
I highly recommend him!- Anonymous