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Virginia Beach DUI Lawyers

1. Cline, Shawn: Many people who would never think of themselves as criminals find themselves caught up in the criminal justice system because of a DUI arrest. But make no mistake, DUI is a very serious charge and an individual facing a possible DUI conviction in Virginia Beach or anywhere in Hampton Roads needs experienced and aggressive representation. The stakes are enormous, ranging from significant fines and loss of oneÕs drivers license to jail time. Depending upon the circumstances, a DUI conviction can even result in forfeiture of one's vehicle. A DUI can have drastic effects on an individual in other ways as well. Certainly for those in the military, a DUI conviction is a Òcareer-killerÓ, and virtually extinguishes all future chances for promotion and advancement. Even for a first offense, the penalties for DUI in Virginia are harsh. Maximum penalties for a first offense include significant jail time and fines up to $2500. Subsequent DUI convictions mean automatic jail terms and substantial fines. Without adequate representation, you stand to lose your drivers license for up to a year even for a first offense. But the impacts of a DUI conviction run far deeper than jail time and fines. Loss of oneÕs drivers license will likely be coupled by a staggering increase in insurance premiums. Most Virginians rely heavily on automobile travel both personally and professionally, so the loss of a drivers license can have a profound negative effect. All of these hidden penalties combine to make DUI one of the most severe criminal charges that one can face in Hampton Roads. If you are facing a DUI charge that resulted in bodily harm or death, the stakes a markedly higher. These are felony offenses that require a skilled criminal defense specialist.
2. Kistler, Page: * DUI * Reckless Driving * Speeding * Driving on a Suspended License * Driving Without a License * Juvenile Traffic Matters * Felony violations * Misdemeanor Violations
3. Ros-Planas, Rita: * Petty larceny * Grand larceny * Malicious wounding * Assault and battery * Domestic violence * Burglary * Marijuana, other drug possession (no trafficking or big drug cases) * Trespassing * Disturbing the peace * Property damage * Traffic violations * Juvenile defense
4. Denton, Jeremaih: * Defamation * Legal malpractice * Sexual harassment * Aviation law * Criminal defense * Divorce * Federal tort claims * Fraud * Government affairs * Medical malpractice * Military law * Military justice * Personal injury * Workers compensation * Wrongful death
5. Lee, John: A lot of people think that traffic violations are not serious offenses. However, there are several traffic offenses that are Class 1 misdemeanors and could carry possible jail time. A conviction may affect the personÕs DMV point rating, automobile insurance coverage, among many other things. It is essential to consult with an attorney when preparing for your case. There are many options and the charges could be reduced or dropped in some cases. And even if you are found guilty, an attorney can work with the court to get you the most beneficial sentence possible. Plea bargains could result in sentences of community service, charges being nolle prosequi (set aside), restricted driving privileges, or suspended jail time and fines. Also, in some instances, jail time can be served on the weekends. ¤ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc. It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c )0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i),(ii),(iii),(iv) or (v).. For the purposes of this section, the term Òmotor vehicleÓ includes mopeds, while operated on the public highways or this Commonwealth In Virginia, a DUI is a serious offense with serious penalties. It is a class 1 misdemeanor and a person convicted of DUI could get possible jail time. To be convicted of a DUI, a person must have been ÒoperatingÓ a motor vehicle at the time of intoxication. As the statute states, driving with a blood alcohol concentration (BAC) of 0.08 or more creates a presumption that at the time of operating the vehicle, the person was under the influence. The blood alcohol level is the percentage of alcohol found in the bloodstream after consuming alcoholic beverages. Narcotic drugs or any combination of drug and alcohol may also result in a DUI charge if they impair the ability to drive or operate a motor vehicle. If the person charged is under 21 years of age, the penalty is different. (Virginia Code Section 18.2-266.1) In order for the police officer to place a person under arrest for DUI, he has to have probable cause. The officer will normally observe the personÕs appearance and behavior. He will usually conduct field sobriety tests when he stop the person to establish probable cause for an arrest. Field sobriety tests include the following: 1) Touching the tip of the nose with the forefinger; 2) One leg stand; 3) Reciting the alphabet ; 4) walking a straight line, heal-to-toe in one direction and turning around and walking back; and 5) counting, usually backwards. The officer may also ask the person to blow into a portable device to measure the blood alcohol content while at the scene. The results of this test, along with the field sobriety tests and any other observations will be used to develop probable cause for the arrest. Usually after the person is placed under arrest, he will be taken to the police station where he will be asked to blow into a machine called the Intoxilyzer Model 5000. This machine will measure the blood alcohol content of the breath sample. Once the test is finished, a certificate will be generated indicating the persons BAC. This certificate is called the Certificate of Analysis and will be used by the prosecutor at trial. It is not smart to refuse to blow into the Intoxilyzer Model 5000 at the station because you will be charged with refusal in addition to DUI. At trial, the prosecutor (or police officer depending on the jurisdiction) has the burden of proving its case against the accused beyond a reasonable doubt. The government will normally prove their case against the accused by having the officer testify to driverÕs appearance and coordination and driving behavior when stopped. Also, the prosecutor will normally place emphasis on the Certificate of Analysis. This is because a person with a BAC of .08 or more is presumed to be under the influence. This presumption can be rebutted however as noted in the Code section below: ¤ 18.2-269. Presumptions from alcohol content of blood. A. In any prosecution for a violation of ¤18.2-36.1 or clause (ii), (iii) or (iv) of ¤18.2-266), or any similar ordinance, the amount of alcohol in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accusedÕs blood or breath to determine the alcohol or drug content of his blood in accordance with the provisions of ¤¤18.2-268.1 through 18.2-268.12 shall give rise to the following rebuttable presumptions: (1) If there was at the time 0.05 percent or less by weight by volume of alcohol in the accusedÕs blood or 0.05 grams or less per 210 liters of the accusedÕs breath, it shall be presumed that the accused was not under the influence of alcohol intoxicants at the time of the alleged offense; (2) If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight by volume of alcohol in the accusedÕs blood or 0.05 grams but less than 0.08 grams per 210 liters of the accusedÕs breath, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcohol intoxicants at the time of the alleged offense, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused; or (3) If there was at that time 0.08 percent or more by weight by volume of alcohol in the accusedÕs blood or 0.08 grams or more per 210 liters of the accusedÕs breath, it shall be presumed that the accused was under the influence of alcohol intoxicants at the time of the alleged offense; or (4) If there was at that time an amount of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed that the accused was under the influence of drugs at the time of the alleged offense to a degree which impairs his ability to drive or operate a motor vehicle, engine or train safely. The presumption can be rebutted by producing evidence that the accused was sober. This can be done by use of experts in the field of toxicology. Also, the Certificate of Analysis can be objected to if the requirements listed in Virginia Code Section 18.2-268.9 are not met. For example, the person performing the test must possess a valid license to conduct such tests and the machine on which the test is conducted must be tested for accuracy every six months. If after hearing the evidence, the judge finds that the evidence was sufficient to support a finding of guilty, there are certain conditions and restrictions that the judge must impose. The penalty will depend on the individuals BAC and are enhanced with each subsequent conviction for DUI. See Virginia Code Section 18.2-270. Basically a first time offense is punishable by up to one year in jail and a mandatory minimum fine of $250. However, if the personÕs BAC was at least 0.15, but not more than 0.20, they will be confined to jail for an additional mandatory minimum period of five days. If the level was more than 0.20, then the person will be confined to jail for an additional mandatory minimum period of 10 days. ÒMandatory minimumÓ means that the court must impose the entire term of confinement and the full amount of the fine and the court cannot suspend in full or in part any punishment described as mandatory minimum punishment. The Code also mandates that for a first offense that the defendant enters into ASAP (Alcohol Safety Action Program - See Virginia Code Section 18.2-271.1). Also, the defendantÕs driverÕs license will be revoked for a period of one year from the date of judgment (See Virginia Code Section 18.2-271). In some cases, the defendantÕs vehicle will have to be equipped with a certified ignition interlock system for not less than six months. An ignition interlock system is a device that Ò (i) connects a motor vehicle ignition system to an analyzer that measures a driverÕs blood alcohol content; (ii) prevents a motor vehicle ignition from starting if a driverÕs blood alcohol content exceeds 0.025 percent; and (iii) is equipped with the ability to perform a rolling retest and to electronically log the blood alcohol content during ignition, attempted ignition and rolling retestÓ. (See Virginia Code Section 18.2-270.1) Whenever a personÕs driverÕs license has been suspended or revoked, the judge may issue a restricted license to the person in certain circumstances. A restricted license could be issued for the following purposes: 1) travel to and from place of employment; 2) travel to and from an alcohol rehabilitation or safety action program; 3) travel during the hours of such personÕs employment if the operation of a motor vehicle is a necessary incident of such employment; 4) travel to and from school if such person is a student, upon proper written verification to the court that such person is enrolled in a continuing program of education; 5) travel for health care services, including medically necessary transportation of an elderly parent with a serious medical problem upon verification of need by a licensed health professional; 6) travel necessary to transport a minor child under the care of such person to and from school, day care, and facilities housing medical service providers; 7) travel to and from court-ordered visitation with a child of such person; 8) travel to a screening, evaluation and education program; 9) or travel to and from court appearances in which the person is a subpoenaed witness or a party and appointments with his probation officer and to and from any programs required by the courts as a condition of probation.
6. Lombardi, Monica: * All military law matters, especially courts-martial * Military divorce proceedings * Criminal defense * Custody, Divorce, and support cases * Guardian ad litem issues * Education law
7. Roof,Timothy: * Misdemeanors * Felonies * DUI * Domestic Assault and Battery * Traffic Violations * Reckless Driving * Drug Crimes (marijuana, cocaine, crack, heroine) o Drug Possession o Drug Manufacturing o Distribution
8. Shuttleworth, Ruloff, Swain, Haddad & Morecock: * Bank Fraud * Bankruptcy Fraud * Bribery * Computer Hacking * Counterfeiting * Credit Card Fraud * Cyber Crime * Election Law Violations * E mail Interception * Embezzlement * Espionage * Extortion * Forgery * Health Care Fraud * Identity Theft * Insurance Fraud * Internet Fraud * Investment Fraud * Medicare Fraud * Money Laundering * Pandering * Pyramid Schemes * Racketeering / RICO * Securities Fraud * Tax Evasion / Tax Fraud * Telemarketing Fraud * Wire Fraud Drug Crimes (Cocaine, Heroin, Methamphetamine, Marijuana) * Cultivation * Distribution * Manufacturing * Possession * Possession for Sale * Prescription Fraud * Trafficking * Conspiracy Violent Crimes * Aggravated Assault * Arson * Assault and Battery * Domestic Violence * Hate Crimes * Homicide * Manslaughter * Weapons Offenses Sex Crimes * Child Abuse * Child Enticement * Child Exploitation * Child Pornography * Child Procurement * Date Rape * Failure to Register * Indecent Exposure * Internet Porn * Lewd and Lascivious * Lewd Conduct * Marital Rape * Molestation * Obscenity * Pedophilia * Pimping / Pandering * Pornography * Prostitution * Rape * Sexual Offense * Sexual Abuse * Sexual Assault * Sexual Harassment * Sodomy * Statutory Rape Misdemeanors * Petty Theft * Prostitution * Simple Assault * Trespass * Vandalism
9. Eichler, Jon: traffic matter(s), including a DUI, or in a criminal case,
10. Hamlet, Benjamin: DUI Defense DUI Defense If you have been arrested for drunk driving, you need a qualified and experienced attorney in your corner to make sure your rights are protected.
11. Monaghan, John: Have you been charged with a crime? Whether you are an adult or an individual under the age of 18, do not hesitate to seek legal help.
12. Farashahi, Afshin: Criminal Offense of Failing to Provide Proof of Insurance and Registration All states require some form of vehicle registration. The registration generally lasts one year and is often renewable on the owner's birthday with the state's department of motor vehicles. Generally a registration is what allows you to get the license that makes your vehicle legal to drive on public roads. Most states require motorist to keep the vehicle's registration with the vehicle at all times. Failure to provide a vehicle registration can result in fines and suspension of your driver's license. Many states will waive or reduce fines where a motorist can subsequently produce a vehicle registration that was valid on the day it was requested. More... Overview of License Violations State statutes require drivers or motor vehicle operators to obtain a driver's license in order to drive on the public roads and highways. These statutes are intended to promote safety on the roadways by ensuring that there is a minimum level of competence and skill by all drivers. The statutes further serve as a device for the efficient enforcement of police regulations that govern the use of public roadways. There are various laws and regulations that must be followed by all motorists holding driver's licenses. More... Auto Insurance for Individuals Convicted of DUI/DWI Car insurance companies frown upon drunk drivers and enforce serious penalties to those who have been charged with drunk driving, or other alcohol-related driving offenses. Convictions for such offenses will cause many insurance carriers to raise the rates significantly or cancel an insured, either during mid-term or at the end of insurance term. More... Defendant's Right to Independent Chemical Test in Drunk Driving Cases Although a few states have determined that a motorist has a constitutional right to an independent chemical test, that majority of states have provided this right by statute. The right is generally for a motorist to obtain an independent chemical test by a doctor of the motorist's choosing. The most commonly used tests by police officers are the breath tests. However, the privately administered sobriety test given most often is the blood test. Many believe that the blood test will be more favorable to a motorist that a breath test. More... Criminal Offense of Driving without a Valid Driver's License It is illegal to drive a vehicle on a street or highway without a valid driver's license. The right to drive an automobile on public roads is a privilege and not a right. The right to operate a motor vehicle is granted by the state, and its use depends upon the motorist complying with the conditions prescribed in granting the license. More...
13. Swango, Jason: First Time and Repeat Drunk Driving Offenses * For those charged with DUI/DWI for the first time, thereÕs a lot more at stake than you might first imagine. First-time offenders may face a $2,500 fine, revocation of license and up to one year in jail. * A second drunk driving offence that occurs within 5 years of the first offense may carry a mandatory jail sentence, depending upon your Blood Alcohol Content (BAC) level. * A skilled attorney may be able to help you reduce the severity of these harsh penalties and in some cases, even get your case dismissed. Attacking Procedure * It is the job of prosecutors to prove their case against you. At The Firm for Men, we examine every aspect of your DUI case, from the stop and the administration of field sobriety tests to the actual arrest. * If proper procedure was not followed Ð if there was no probable cause for stopping you, if you were not informed of your rights or if the Breathalyzer test was not correctly administered Ð the stateÕs case against you becomes seriously compromised.
14. Hallauer, Scott: Virginia has some strict laws when it comes to DUI or driving under the influence of alcohol or drugs. But no matter what your circumstances are, you have a right to be defended in court. DUI Penalties in Virginia If youÕre like many of our clients, this is your first experience with a DUI. You may not understand Virginia's Implied Consent Law. This means that when you obtained your driverÕs license in Virginia, you automatically impliedly consented to submit to a chemical test if properly asked by police. If you did take the test and failed by going over the legal limit of a .08% blood alcohol content, you are presumed to be under the influence and unable to safely operate a vehicle. In Virginia, a first and second DUI is a Class 1 Misdemeanor while a third offense within 10 years is a Felony. Penalties for a DUI can include: mandatory jail time for high BAC or repeat offenders, probation, community service, vehicle impoundment, additional suspended license periods and insurance coverage complications. You may also face restricted travel, loss of your job and have an ignition interlock system installed. Heavy fines and court fees could also be pending.
15. Burroughs Law Office: In Virginia, DUI/DWI drunk driving is a class one misdemeanor carrying the possibility of up to one year of imprisonment, fines up to $2500 and/or license suspensions. Some DUI/DWI enhanced punishment cases require mandatory jail time upon conviction. The cost of defending these cases tends to be high but the consequences of a conviction can be even higher. Going it alone may be no better than running into court shouting, "I'm guilty, suspend my license and lock me up right away."
16. Monaghan, John: As the number of offenses goes up, so do the penalties. First and second DUI offenses are handled as misdemeanors. Third DUI offenses are handled as felony offenses.
17. Tillotson & Matney: When an officer pulls someone over for suspicion of driving under the influence (DUI), he or she will normally ask the driver to do two things: the first is to perform a task as part of a field sobriety test; the second is to submit to a breath test. You may have heard this referred to as a Breathalyzer test Ð however, that was the name for one of the older, common brands of devices. If you ever have to take a breath test today, it is more likely that the Intoxilyzer 5000 brand will be used. To administer the breath test, the officer will ask the driver to blow into a breath machine by using a disposable tube that is hooked up to the hand-held device. This will last for a long moment. The officer will then ask the driver to quit blowing into the device, and the machine will either provide a result on the screen or a printout of the results. This test can be administered at the scene, or the driver may be taken back to a detainment center for the test. This is just one of three tests used to determine your blood alcohol content; the other two are blood and urine tests. In Virginia, you will be arrested for drunk driving if your BAC is at or above .08 percent. If your BAC is at this level, the officer can arrest you for probable cause on suspicion of DUI. If you have taken a breath test and failed, all is not lost. Experienced defense attorneys are skilled at attacking these tests. If there is a flaw in the machine or a problem with the way the test was administered, you still have a fighting chance at winning your case.
18. Dickerson & Smith: If you have been charged with a criminal offense, you should contact a lawyer IMMEDIATELY.
19. Timothy Roof: If you have been pulled over after a night out drinking with friends and face a trial date on a DUI charge, or have been arrested for a drug crime such as possession or distribution, you most likely have many questions. You want to know what is going to happen.
20. John Hooker: Punishment is imposed following a defendant's conviction for any crime. Such punishment is usually imposed by the judge in the trial court, although in certain cases in some jurisdictions the amount of punishment is recommended by or actually set by a jury. In all cases, the amount of punishment that may be imposed is limited by the sentencing statute associated with the crime for which the defendant has been convicted.
21. James Garrett: If you are facing a charge of driving while intoxicated (DWI) or driving under the influence (DUI), you want an experienced criminal defense attorney to ensure that all procedures were followed and that your rights were not violated. If you have received a traffic ticket, you need skilled legal counsel to make certain that your interests are protected.
22. Joseph Conte: An arrest occurs when a person has been placed under restraint or has been taken into custody by a police officer. A person is placed under restraint when his or her freedom of movement is restricted by physical force or by a show of authority. The use of physical force occurs with the slightest touching or the application of physical force. A show of authority occurs when a police officer's words and actions operate as a command. An arrest does not occur when a person is free to leave or when the person feels that he or she is free to leave. Mere questioning by the police does not constitute an arrest.
23. Gabriel & Associates: If you have been charged with drunk driving in Virginia, contact a qualified DUI attorney capable of defending you against the harsh penalties youre facing. If convicted, you run the risk of losing your license, seeing your insurance rates skyrocket, paying steep fines or even jail time. Make sure your rights are protected.
24. Herrick & Hay: Such charges can impact your insurance rates, your driving privileges, and your ability to earn a living. You may even face jail time or serious fines for drunk driving charges. It is important that you preserve your rights while protecting your reputation, regardless of the offense. To help you obtain the best possible outcome when you have been charged with drunk driving, speeding, reckless driving, or a possible suspended license, you should retain a Virginia DUI attorney or traffic lawyer with experience who knows how the system works.
25. Gardner & Mendoza: 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.
26. Bobby Davis: Facing a criminal charge is a frightening and frustrating experience. You should not do it without the help of an experienced criminal attorney. Whether you are facing a misdemeanor or a felony, in state or federal court, we can help. Criminal charges, no matter how minor they may seem, must be taken seriously. Traffic offenses, such as drunk driving, can result in large fines, loss of privileges, and even jail time. Felonies can result in large fines, loss of certain civil rights, and prison time. You must aggressively defend against any criminal charge. Regardless of the crime you are charged with, we will protect your rights and vigorously defend you.
27. Stafford, Herrick & Hurley: Such charges can impact your insurance rates, your driving privileges, and your ability to earn a living. You may even face jail time or serious fines for drunk driving charges. It is important that you preserve your rights while protecting your reputation, regardless of the offense. To help you obtain the best possible outcome when you have been charged with drunk driving, speeding, reckless driving, or a possible suspended license, you should retain a Virginia DUI attorney or traffic lawyer with experience who knows how the system works.
28. Tom Smith: Mistakes are made by good drivers every day. It's a fact of life. From simple speeding tickets to the most complex DUI, competent attorneys can make a difference. The courtroom is not a level playing field. Police Officers do their best to protect the public, but they are trained to testify in court. They are professionals and the system would not tolerate anything less. But you can level the field by taking a knowledgeable attorney ... to traffic court with you to defend your integrity and preserve your interest. The American judicial system is about fairness. Level the field. Representation in traffic court is often the most cost effective decision you can make regarding your car insurance. With ever increasing insurance rates, you need a friend in the courtroom to help increase your chances of success.
29. Kristie & Cantor: There is not a set amount which can be safely considered to be the "legal limit" an individual can consume. The law in Virginia establishes a presumption that an individual is under the influence of alcohol if a chemical analysis of the person's blood or breath indicates there is .08 percent or more alcohol in the person's blood. People should be aware however, that a judge can find someone guilty of drunk driving even if there is no chemical analysis of the amount of alcohol in the person's system. The judge can also find someone guilty even when the chemical analysis may show the person had less than .08 percent of alcohol in his or her blood at the time of the test. The court will hear a lot of evidence regarding the person's physical characteristics at the time of the offense, the person's ability to perform coordination tests when stopped and the driving behavior which the officer observed. Those facts are often just as important in a drunk driving case as the chemical analysis.
30. Regency Legal Clinic: If you do not defend yourself, the consequences can be very serious. You could have to pay a large fine and court costs, lose your license, end up in jail, be burdened with a traffic or criminal record for many years or even the rest of your life, and face high future insurance costs.