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Virginia Beach DUI Lawyers

• 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.
• 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."
• 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.
• 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 Š 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.
• Dickerson & Smith: If you have been charged with a criminal offense, you should contact a lawyer IMMEDIATELY.
• 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.
• 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.
• Barnes & 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.
• 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.
• 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.
• Barnes & 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.