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Chesapeake DUI Lawyers
- Reveley, HK: * Criminal Defense * Felonies * Misdemeanors and Traffic Law * Social Security Disability
- Short, James: A DUI arrest is one of the most terrifying experiences in a personŐs life. The field sobriety tests are intimidating and the breath testing equipment may not be accurate. On top of all of this, a DUI arrest is humiliating and can result in serious consequences. After your arrest, your name, personal information and arrest record may be available to the public. Each year, states enact stronger DUI laws and more severe drunk driving penalties. You could lose your driver's license, be placed in jail and receive substantial fines. Your car insurance rates may rise and you could end up with a criminal conviction on your record that could impact your future and your employment opportunities. Further, a DUI conviction could even seriously damage a seemingly unrelated case such as a divorce or a child custody hearing. A DUI is a serious offense and if you have been charged you should seek legal help at once from an experienced DUI attorney. It is important to know that not every arrest results in a conviction and you should not be afraid to fight for your rights. 1. What if I refuse to take a breath or blood test? By accepting the privilege extended by the laws of this state to operate a vehicle, you are deemed to have consented to submit to a test for the purposes of determining the level of alcohol in your system. If you refuse to take the test you will be charged with a separate offense. If the court determines that your refusal was unreasonable, your license will be suspended for twelve months. 2. How can I win my DUI case? If a breath test has been given and the results are admitted into evidence, then in most cases you will be convicted. However, if an attorney is successful in attacking the admissibility of the tests, then the test results would not be considered by the Judge. There are several ways in which a breath test can be attacked. If the breath test is excluded, the prosecution must then rely on your driving behavior and your appearance and performance on the coordination tests. 3. Do I need an attorney? Yes! DUI laws are complicated. There are many technical issues in which an experienced DUI attorney can provide invaluable assistance. Furthermore, DUI is a criminal offense which means you could be sentenced to jail. In most jurisdictions a prosecutor is assigned to try DUIs. It is in your best interest to have an experienced trial attorney by your side. Even if the charge is not dismissed, an aggressive attorney may be able to get the charge reduced or argue for minimum punishments. 4. What is the best way to avoid getting charged with DUI? Designate a friend as the driver, call a friend, call a cab, or walk. I recommend that you think about these arrangements in advance so that you are not tempted to drive when you have had too much to drink.
- Brown, Denslow, Black & Billups: DUI charges can, and often do, fundamentally interfere with the accused's ability to go about the essential business of his or her life. This is especially true in the case of a driver's license revocation or suspension, or where the offender's vehicle is impounded. Without a license, the accused can no longer legally drive to work, to a loved one needing assistance, or even to the store to just get groceries. So preventing, reversing, or mitigating the adverse effects if a DUI charge can, quite literally, be critical. In these cases, hiring a competent attorney who has handled and tried many DUI cases is exceptionally important.
- Richard L. Buyrn: Areas of practice include traffic, driving under the influence, criminal, divorce, custody, support, and social security disability.
- Monte E. Kuligowski:
In Virginia, felony charges are classified into six classes for purposes of
defining punishment: From Class 6 (being the least serious) to Class 1 (being
the most serious). All felonies carry the possibility of incarceration, from periods
of jail time, to prescribed maximum prison terms, to life in prison, and in the
case of capital murder cases, the death penalty is applicable.
With respect to misdemeanors, Virginia classifies these offenses into four
classes, from Class 4 to Class 1 misdemeanors. Like simple traffic infractions
(improper lane change, etc.), first offense Class 3 and 4 misdemeanors do not
carry the possibility of jail time, and are punishable by enumerated fines and
terms of partially suspended or suspended fines.
All Class 1 and 2 misdemeanors do carry the possibility of jail time. All D.U.I,
Reckless Driving and Driving on a Suspended License cases are classified as
Class 1 misdemeanors, at minimum, and carry at least the maximum period of
incarceration for misdemeanors, which is 12 months jail time.
Additionally, certain Class 1 misdemeanor traffic matters carry enumerated
periods of mandatory incarceration for repeat offenders and/or aggravated
factors. Such mandatory time is categorically mandated by the legislature of
which the judiciary has no discretion if the defendant is found guilty of the
charged offense.
No attorney can ever guarantee that a potential client, charged with a jailable
offense, will avoid incarceration. It is, however, in your best interest to retain an
experienced attorney who can defend your case on its fact-specific
circumstances.
In some instances the only way to avoid jail time is to achieve a dismissal or
reduction of the charge. An experienced Virginia attorney who knows which
legal defenses and technicalities apply, can best assist you toward that goal.
Even if convicted, it is nevertheless in your best interest to have an experienced
attorney at your side in court, who knows which instances allow for suspended
jail time and/or alternative sentencing options or other legal options, including
the right of de novo appeal, to soften or deflect the blow if mandatory or
non-mandatory jail time is imposed.
- Timothy Anderson:
Within 5 Years of 1st Offense
FineD/L SuspensionJailRevoked for 3 years. No restricted license for 1 year.
1 to 12 months. Twenty days is a mandatory minimum which cannot be suspended. If BAL at least 0.15% - additional mandatory minimum of 10 days.
If BAL more than 0.20% - additional mandatory minimum of 20 days.
Within 5 to 10 Years of 1st OffenseFineD/L SuspensionJailWithin 5 Years of 1st and 2nd OffenseFineD/L SuspensionJailWithin 10 Years of 1st and 2nd OffenseFineD/L SuspensionJailWithin 10 YearsFineD/L SuspensionJail - Herbert Laine: Being charged with a criminal offense is serious matter. Your livelihood and your freedom may be at stake. Considering the serious and ongoing consequences of a criminal conviction, you need an experienced and aggressive defense attorney to fight for your rights.
- Tarter & Winn: In the last twenty years, the penalties for drunk driving have become far more severe than they were in the past. First-time offenders face potential jail time and fines, although often the penalty for a first-time offense will be something less than jail time in exchange for a guilty plea. Repeat offenders are usually treated more harshly, with substantial fines and mandatory jail sentences that may not be suspended or waived by the court. State administrative regulations often call for suspension or revocation of a defendant's driver's license in addition to any criminal penalty. Defendants have sometimes tried to make the argument that this administrative suspension is double jeopardy prohibited by the U.S. Constitution, but these arguments have never succeeded.
- Wegman, Robert : HGN is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side. During the HGN test, officers instruct DUI suspects to follow a stimulus (usually a penlight) with their eyes, estimating the driver's BAC level based in part on the angle of gaze at which jerking is first observed in each eye. Despite its proven accuracy, the admissibility of the HGN test in court is the most heavily scrutinized of all field sobriety tests. Specifically, some courts characterize the HGN test as a scientific test, requiring prosecutors to lay the foundation for the admission of HGN evidence via expert testimony.
- Brian Thomasson: There are quite a number of people that make innocent mistakes and wish to minimize any future repercussions. ... there are many advantages to having an attorney present with you at the trial. For example, there are legal requirements and formalities that the police officer or the prosecutor must meet in order to sustain a conviction. Unless you know these requirements and formalities you may be found guilty when the case should have been dismissed. Additionally, in Virginia there have been several recent changes to the DUI laws which make the laws some of the most severe in the nation.
- Jo Anne Spencer The Double Jeopardy Clause of the Fifth Amendment protects against multiple punishments for the same offense, generally prohibiting the government from putting any person "in jeopardy of life or limb" for the same offense twice.