DUI IN VIRGINIA – HOW TO DEAL WITH THE CHARGE?
A DUI charge can come as an unexpected blow to a perfectly planned evening. Most intoxicated drivers believe that their intoxicated driving behavior will go unnoticed. However, things do not usually work out the way we want them to. Even the slightest signs of improper driving can provide the law enforcement officer probable cause to stop your vehicle. Once the vehicle is lawfully stopped, the possibility of being arrested for DUI is extremely high if drunk driving is involved.
No one wants to face a court hearing for DUI. In most cases in Virginia, drivers are not aware that law enforcement officers have stopped the vehicle due to a suspected traffic violation. Also, some drivers in Virginia make the irreversible mistake of facing a DUI charge causally without understanding the penalties that can be imposed. Do not commit the mistake of taking the DUI charge in Virginia lightly. Speak to our Virginia lawyers at The Law Offices Of SRIS, P.C. to know the penalties of a DUI charge. Our lawyers are experienced in dealing with DUI cases in Virginia. We will frame the right defense strategies to try and get the most favorable outcome in your case. For quick solutions, schedule an appointment with our DUI lawyers in Virginia right away!!
DUI Charge – Commonly Used Legal Terms
There are several legal terms commonly used in a DUI case in Virginia. DWI, OUI, OWI, DWAI are some of the common terms used to refer to drunk driving conduct. The abbreviation for DUI is driving under influence of alcohol or drugs. DWI is driving while intoxicated or impaired. OUI is operating under influence. OWI is operating while impaired. Different terms are used in different states. Depending on the State in which you are charged, the appropriate legal term will be used to charge you for the drunk driving offense. Regardless of the terms used in your case in Virginia, the penalties imposed can be highly serious, including but not limited to jail time, license suspension, and fines. A DUI charge in Virginia can be frightening. Considering the consequences that can be imposed, the professional support of a lawyer is crucial. Consult with our team in Virginia to understand the issues involved in your case. Our Virginia lawyers will get all the necessary information about your case to analyze the legal aspects involved. Identifying the crucial issues in your case is the first step toward getting the charge dismissed. Our Virginia lawyers at The Law Offices Of SRIS, P.C. have helped several clients with their drunk driving cases. Fix an appointment with our lawyers to effectively defend your drunk driving case in VA. We will analyze the facts of your case to provide you with adept solutions. Call our Virginia lawyers right away for effective solutions that may change the outcome of your case!!
What Happens After A DUI Charge?
If a traffic stop is initiated, you are required to stop your vehicle according to the instructions of the law enforcement officer. For anyone being stopped by a law enforcement officer for DUI in Virginia can be a scary experience. If it is your first encounter with a law enforcement officer, the experience of being stopped for drunk driving in VA can be more terrifying. Until you actually face your first DUI arrest, the information you have about traffic stops and DUI charges is based on the experiences of friends and information found on the internet. However, when you experience your first DUI charge in Virginia, you are most likely to be shocked by the encounter. DUI charges in Virginia happen when you least expect them. The shock of being charged for DUI when you least expect it to happen coupled with the authoritative commands of the law enforcement offices can increase the frustration connected to the incident. On being questioned about their driving behavior, most drivers tend to nervously admit to drinking. Admitting to being intoxicated can harm your case and may be resulting in a DUI conviction. Discuss with a skilled Virginia lawyer to know more about the dos and don’ts of a DUI arrest in Virginia. It is important to contact an adept lawyer immediately after your DUI charge. Our lawyers in Virginia can provide you with the required assistance. Call our Virginia lawyers right away!!
After a DUI arrest in Virginia, the arrested individual is taken to the nearest police station for a breathalyzer test or to a medical facility under the implied consent law. If the results of the breath test indicate BAC levels of 0.08 or higher, the accused is presented before the magistrate for a formal DUI charge. The driver accused of a DUI in Virginia is informed about the possible penalties of a DUI in Virginia. In most cases, for a first-time DUI offense in Virginia, the court grants a bond. During a traffic stop resulting in a DUI charge, one of the important points you need to remember is that if you refuse to take the sobriety test without a justifiable reason, the law imposes an additional charge on you. A conviction in Virginia for unreasonable refusal of a blood test can result in license suspension for 12 months.
DUI charges in Virginia are difficult to handle without a proficient lawyer by your side. Due to the complexities involved, it is essential to hire an experienced lawyer upon being charged. Our lawyers at The Law Offices Of SRIS, P.C. have strategized several powerful defense techniques that have helped clients in defending against DUI charges in Virginia. Taking the assistance of our lawyers in Virginia can help you proceed in the right direction. Our lawyers will try to help you get an acquittal by aggressively defending your DUI charge in Virginia. Do not hesitate to take the assistance of our lawyers to effectively defend your drunk driving case. Our lawyers in Virginia will explain all stages of the defense process to help you get clarity about what happens after the charge. Understanding every stage of the process is one way to deal with the DUI case in a relaxed manner. Call our lawyers in Virginia right away!!
What Are DUI Checkpoints?
DUI checkpoints are particular places where traffic stops are initiated and sobriety checks are conducted. There are certain procedures to be followed by the police at DUI checkpoints in Virginia such as having a predetermined pattern of conducting stops to identify drunk drivers. For instance, the officers may have a pattern of stopping every third vehicle or every fifth vehicle. Therefore, law enforcement officers may not stop every vehicle that passes through the checkpoint. Also, procedures require the enforcement officers to bring every DUI checkpoint to the attention of the general public. The officers do not have the authority to compel all drivers passing through the checkpoint to submit themselves to field sobriety tests simply because he/she was passing through the checkpoint. You do not have any legal obligation to provide any incriminating statements to the police at the traffic stop. Speak to our Virginia DUI lawyers to understand the rights conferred by law. Call our lawyers right away!!
Why Do You Need A DUI Lawyer?
As to why you need a Virginia DUI lawyer, the immediate answer would be that the DUI laws and defenses are complex, and having a knowledgeable Virginia DUI lawyer by your side will help you understand the process. It is important to be prompt in your decision to hire a skilled lawyer in Virginia. A delayed decision to take professional support can bring several problems including the possible destruction of relevant evidence. Also, in some cases in Virginia, witnesses may forget the actual series of events if their statements are not professionally recorded immediately after the charge. Anyone dealing with a DUI charge in Virginia without a lawyer’s guidance would make the mistake of not gathering all the relevant evidence. Also, individuals dealing with their DUI charge in Virginia without professional support would not be aware of the necessity of recording statements from witnesses. Being unexpectedly charged with drunk driving in Virginia can result in stress and confusion. In your confused state of mind, you tend to take wrong decisions that can strengthen the prosecution’s case. To avoid these consequences, it is important to consult with skilled lawyers at The Law Offices Of SRIS, P.C.
On being charged, you should always consult with a Virginia DUI lawyer at the earliest. During the investigation, you may not be allowed to pick up the phone and speak to a lawyer. However, you can insist on remaining silent without answering the questions posed to you. Hiring the right Virginia lawyer can help you get a favorable outcome. When you have a knowledgeable Virginia lawyer by your side, you take the right decisions on time. Important decisions such as accepting a plea offer can be made quickly when you have the benefit of discussing these issues with your Virginia lawyer.
On retaining a DUI lawyer in Virginia, you realize that the investigation related to the defense of your case has begun quickly. The skilled team of Virginia lawyers at The Law Offices Of SRIS, P.C. conduct their independent analysis of the case to examine the favorable and unfavorable aspects of your case in Virginia. Our lawyers in Virginia will focus on identifying witnesses, getting statements from them, and examining other documentary evidence such as incident reports and chemical test analysis reports. On accurately examining the evidence, our lawyers in Virginia will guide you in the right direction. Reviewing the detailed lab reports and other scientific evidence can be complicated when proceeding without the support of your Virginia lawyer. Take the support of our lawyers to understand more about the defenses applicable to your case in Virginia. Schedule an appointment with our Virginia lawyers right away to proceed confidently with your case.
The role of a skilled DUI lawyer is not restricted to representing your defense aggressively in court, it also extends to protecting your rights at every stage of the case in Virginia. The drunk driving laws are stringent and are strictly implemented. In this process, there are a number of situations when the rights of the accused are violated. Having a Virginia lawyer by your side in these situations helps protect your rights. In most cases in Virginia, clients charged with DUI in Virginia are not familiar with the rights provided by the law. Speaking with an experienced lawyer in Virginia will provide you with valuable insights into the rights afforded by the Constitution to a defendant and the different ways to protect such rights. Also, there are certain fixed procedures that law enforcement officers in Virginia should follow when evidence is gathered against a defendant. If the officers in Virginia do not follow the standard procedures, the possibility of getting the DUI case dismissed is high.
Our skilled Virginia lawyers have acquired significant skills and knowledge in dealing with DUI defenses in Virginia. It is important consult with our lawyers immediately after being charged. Our DUI lawyers in Virginia will examine all aspects of your case to suggest the right defenses. Call our Virginia lawyers immediately!!
What Acts Are Considered DUI?
There are different elements to a drunk driving charge and different types of DUI charges. The DUI laws in Virginia apply to drugs as well as alcohol. The law specifies certain BAC levels, and intoxication beyond the prescribed BAC levels can result in a DUI conviction in Virginia. You should always speak to a Virginia lawyer to know more about DUI meaning Virginia. While the facts of the case may indicate a possibility of a conviction, when the facts are analyzed by a skilled lawyer, the legal factors necessary for a conviction may not be present. Therefore, it is essential to explain every event that led to the charge for our lawyers to identify the crucial legal issues. To know more about the acts that are considered DUI, fix an appointment with our VA lawyers right away!!
Most clients approach the VA lawyers with the repeated question “What is a DUI in Virginia?” There are several complex elements associated with a DUI conviction in Virginia such as whether the vehicle was actually in motion, whether the driver was intoxicated beyond the permissible levels and whether the machines that confirmed the intoxication was calibrated properly. A proficient VA lawyer will closely examine these elements to build a strong defense.
While different States use different terms to refer to intoxicated driving behavior, in Virginia the terms DUI and DWI are interchangeably used. To know more about DWI vs DUI, you should fix a consultation with our lawyers at once. Our team in VA will go through the facts of the case with you to point out the general defenses applicable to these charges and the specific defenses available for your charge. Our lawyers in VA can provide clients with an accurate description of the pros and cons of each defense. Understanding how the process proceeds help defendants take the right decisions.
The laws in Virginia prohibit any driver who is under the influence of drugs or alcohol from operating a vehicle. For different drugs, the Virginia law specifies different levels, any driver with more than 0.08 percent BAC levels is prohibited from driving. For methamphetamine, concentration levels of more than .1 milligrams per liter is the limit. For cocaine, concentration levels of more than .02 milligrams per liter is the limit. Similarly, for phencyclidine, concentration levels of more than 0.01 milligrams per liter is the limit. If a driver is intoxicated to such an extent that his ability to operate is impaired, the act is punishable as DUI in Virginia. For more information about the permitted BAC levels, consult with our DUI lawyers in Virginia at The Law Offices Of SRIS, P.C. Call right away!!
You will be surprised to know that a DUI charge can be imposed on you in Virginia even if the vehicle was not in operation. The legal definition for driving or operating a vehicle is a broad term and includes a situation where the defendant is in physical control of the motor vehicle. The crucial question in these situations is whether the client was in physical control of the vehicle. This leads to several other questions as to when is a driver considered to be in physical control of the vehicle. Although there is no Virginia case that provides a clear explanation about when physical control of the vehicle has been exercised, the courts have repeatedly referred to situations when the defendant is assumed to be operating the vehicle. If an intoxicated driver was sitting in the front of the vehicle, behind the steering wheels, with the keys in the ignition in the on position, then the driver is considered to be operating the vehicle in an intoxicated manner.
Our lawyers in VA have acquired specialized expertise and proficiency in handling DUI defense. We will try to use our experience in helping you face the DUI charge in a confident manner. We know that you are anxious about court proceedings. Our lawyers in Virginia will guide you through every complex stage. The effective assistance provided by our DUI lawyers will help you deal with the stress of the DUI case. Get all your doubts about the court process clarified. Call our lawyers in Virginia right now!!
How to get a DUI charge dismissed?
There are different defenses that can be applied to every DUI case. There is no common defense strategy that can be applied to every case. Each DUI charge in Virginia is unique with different facts. The facts of your case require careful scrutiny by our skilled lawyers. Based on the facts, winning strategies can be framed.
Following are the different defense strategies that can be applied to get the DUI charge in Virginia dismissed:
- Defense based on Invalid Traffic Stop: One of the first details our lawyers get from clients is the driving conduct during the stop in Virginia. Determining whether the law enforcement officers had a valid reason to initiate the stop is a crucial issue in these DUI cases in Virginia. Under Virginia law, any officer who intends to initiate a traffic stop should have a legal reason to stop the vehicle. If there is no justifiable reason to conduct the traffic stop, any evidence gathered after the traffic stop will be considered inadmissible. Officers attempt to prove that the driving conduct of the defendant indicated signs of intoxication resulting in the traffic stop. For more information about how to challenge your traffic stop in Virginia, fix an appointment with our DUI lawyers at The Law Offices Of SRIS, P.C.
- Defense Based On Absence of Probable Cause: Probable cause is an important issue in DUI in Virginia. Officers usually try to prove that they had probable cause to arrest the defendant during a traffic stop by proving that the driver exhibited signs of intoxication. Regardless of the reason for the stop, the legal requirement is that the officer should be able to establish that the officer had probable cause to arrest the defendant. The skilled lawyers in Virginia are familiar with the methods that can be used to prove that the officer’s arrest was arbitrary and that he had no probable cause to arrest the accused. For more information about probable cause, do not hesitate to consult with our DUI lawyers in Virginia at The Law Offices Of SRIS, P.C.
- Defenses Based On Deficiencies in Field Sobriety Tests: In most cases, challenging the field sobriety tests is key to getting an acquittal. Field sobriety tests can be proved to be unreliable as the performance of an accused in the field sobriety tests depends not only on his level of intoxication but also on the condition of his physical health. In several cases, the defense of poor performance in field sobriety tests due to health issues has been raised. A skilled lawyer in Virginia will demonstrate with proof that there were other reasons for the individual not performing well in the field sobriety tests such as age, weight, and other health issues. The officer is required to administer field sobriety tests according to prescribed procedures, the failure to follow fixed procedures can result in inadmissible evidence. A skilled DUI defense attorney in Virginia knows what works and what does not work in these cases. Consult with our DUI lawyers in Virginia to understand any failure to follow fixed procedures. Get your DUI charge in Virginia dismissed based on the officers’ failure to follow procedures. Speak with our DUI lawyers in Virginia right away to try and get your DUI charges dropped!!
- Defenses Based On Inaccuracy In Breath And Blood Tests: The accuracy of breath and blood tests depend on the machines being regularly maintained and calibrated. For instance, if an officer has imposed a DUI charge in Virginia based on the results indicated in a breath test, it is important for the prosecution to prove that the machine was properly calibrated. Minor issues related to the regular maintenance of the machine can result in inaccurate results in the breath test. The experienced DUI lawyers at The Law Offices Of SRIS, P.C. are aware of the various processes that can help in bringing to light the defects in the functioning of the machine. The skilled Virginia DUI lawyers who have helped several clients with their DUI defenses will follow different methods to point out the deficiencies in the evidence such as sending subpoenas to the concerned officers to highlight improper calibration of the machine in court. Such methods of collecting evidence are highly useful in building a strong defense in the defendant’s favor. For more information about the procedures to be followed in calibrating the machines, get an appointment with our Virginia lawyers right away!!
- Defenses Based On Health Issues Being The Reason For Signs Of Intoxication: In some cases, you may be sober but may still be charged for DUI in Virginia. Such sober drivers involved in DUI charges repeatedly deny having had anything to drink. However, the officers continue questioning them. It is surprising to note that certain health conditions result in the driver appearing drunk. When officers are seriously looking for drunk drivers, they look for signs of intoxication such as bloodshot eyes, lack of stability while walking or standing, inability to speak or uttering slurred statements, inability to answer, inability to focus, and other such signs. It is not always intoxication that can result in a person exhibiting these signs. In some Virginia cases, taking medication or a long-term illness can result in these signs. Our skilled lawyers in Virginia will discuss with you these possibilities to get the charge dismissed.
A DUI arrest in Virginia can be terrifying. Given the potential consequences, the professional assistance of a lawyer is essential. Consult with our team to better understand the issues in your case. Our lawyers will try to gather all relevant information about your case in order to analyze the legal issues involved. The first step in getting the charge dropped is identifying the critical issues in your case. Our DUI lawyers at The Law Offices Of SRIS, P.C. have assisted numerous clients with their DUI cases. Make an appointment with our lawyers to discuss how we can help you successfully defend your DUI case in Virginia. We will examine the facts of your case in order to provide you with appropriate solutions. Contact us right away for solutions that can change the outcome of your case in Virginia.
What Are The Penalties For DUI?
There are several factors that decide the penalties that can be imposed for a DUI charge including your driving behavior at the time of the offense, your DUI history, and the State law in which you are convicted. If you are convicted of a DUI in Virginia for the first time, it is generally considered a class one misdemeanor. For other factors that determine the penalties of a first-time DUI in Virginia, discuss them with our lawyers. Our team will get all relevant facts from you to identify the strategies that can result in the dismissal of your case. To find out how to avoid the penalties for your first-time DUI offense in Virginia, get an appointment with our lawyers right away!!
Is a DUI a felony in Virginia? This is a common question raised by clients seeking assistance for their DUI cases in Virginia. The facts of your case determine whether your case is a felony or a misdemeanor. It is important to divulge all facts related to your case to identify the right defense strategies. A second-time DUI offense in Virginia is treated as a serious offense with harsh penalties. If someone is convicted of a drunk driving offense for the second time within five years of the first conviction, then in addition to facing a jail sentence and fine, he may face a three-year license suspension and different conditions such as ignition interlock requirement may be imposed for a period between 6 months to 3 years. For a second DUI conviction in Virginia within five to ten years of the first conviction, the maximum fine that can be imposed is $2500 with a jail sentence of 1 month to 1 year with 10 days mandatory minimum. A third DUI conviction in Virginia within five years of the first conviction is considered a Class 6 felony with a six-month mandatory minimum jail sentence and indefinite license suspension. A third DUI conviction in Virginia within ten years of the first conviction is also a Class 6 felony that can result in a fine of $1000 with mandatory jail time of 90 days and indefinite license suspension.
To get clarity about the penalties of a Felony DUI in Virginia, schedule an appointment with our DUI lawyer near me VA at The Law Offices Of SRIS, P.C. in Virginia. Our lawyers have dealt with several complex DUI cases in Virginia. We will dedicatedly work on developing unique defense strategies to try to achieve a favorable outcome in your case in Virginia. Fix an appointment with our DUI lawyers in Virginia right away for immediate solutions!!
How Can A DUI Conviction Affect You?
In addition to the legal penalties that can be imposed after a DUI conviction in Virginia, there are other long-term consequences that the accused has to suffer after a DUI conviction. Most individuals convicted of a DUI in Virginia are not aware of the various consequences that would befall them after a DUI conviction in Virginia. It is always important to have a detailed discussion with experienced Virginia lawyers to understand all the consequences of a DUI conviction. On consulting with our proficient Virginia lawyers, you will realize that a drunk driving conviction can alter your life irreversibly. A drunk driving conviction in Virginia is a criminal conviction that remains on your record and appears on all background checks. These days, employers recruiting employees are keen on conducting background checks on the criminal history of potential employees. When a DUI conviction is reflected in these checks, the possibility of being selected for the job reduces drastically. This may come as a shock to you but a DUI conviction can be a permanent barrier to your career growth. A DUI conviction in Virginia can also be a hurdle to getting better educational opportunities. Additionally, a Virginia DUI conviction can result in an unexpected hike in insurance rates. Avoid the DUI insurance consequences by taking professional support from a skilled lawyer immediately after being charged. Taking prompt assistance from our lawyers can help you avoid all the consequences of a DUI conviction in Virginia. Call our Virginia DUI lawyers right away to proceed in the right direction.
What Happens In A DUI Case When Death Is Caused?
Any individual involved in DUI accidents in Virginia fixes an appointment with adept lawyers to know, what happens if a DUI accident occurs. A DUI accident resulting in injury is considered a class 6 felony and a DUI accident resulting in death is a class 5 felony in Virginia. If an individual has been convicted of DUI that has caused the death of another individual by accident, the possible penalties include 10 years of jail time. The seriousness of the offense in Virginia varies based on the presence of intention. If someone causes the death of another person due to intoxicated driving conduct, and the driving behavior was so gross and deliberate that the driver had no regard for the life of another, the offense is considered aggravated involuntary manslaughter and can be penalized with 20 years in prison. In these cases, the deciding factor is whether the driver was intoxicated, if there is even the slightest evidence indicating intoxication on the part of the driver, a DUI manslaughter or aggravated DUI manslaughter charge will be imposed. If you are ever charged in a DUI case in Virginia that has caused the death of another person, you should immediately take the support of a skilled lawyer. It is vital to disclose all events that lead to the collision. Such true disclosures help in strategizing winning defenses. Our DUI accident lawyer in Virginia has several years of experience in dealing with these cases. Based on our experience, we will guide you through the defense process in Virginia. Call our lawyers in Virginia now to navigate the complex process!!
For any questions relating to your DUI offense in Virginia, do not hesitate to speak to our lawyers at The Law Offices Of SRIS, P.C. Our Virginia lawyers are experienced with the defense process and can guide you through every stage. Stop worrying about the charge in Virginia and give our lawyers a call at once!!
Have You Been Charged With DUI In Virginia While On Probation?
Most drivers are not aware that being charged with DUI while on probation can complicate the case. Not only will it result in a DUI charge in Virginia, such intoxicated driving conduct by an individual when already on probation can change the outcome of the criminal case for which probation was imposed. In some cases, in Virginia, one of the conditions of probation would be a prohibition on intoxication, your DUI charge can violate the conditions of probation. Also, while on probation, you should not commit any other offense. Being convicted of a DUI charge in Virginia can result in violating the conditions of probation resulting in revocation of probation. Probation is an order issued in certain cases where the court suspends the sentence to be imposed on the accused and imposes certain conditions to be followed. Violating these conditions may result in a revocation of the probation. If you are convicted of DUI while on probation in Virginia, a warning may be issued by your probation officer, or you may be required to serve jail time or the probation period may be extended, or additional conditions may have to be followed during the probation period.
The situation could become more serious if the charge for which probation was involved was a DUI in Virginia. A second DUI in Virginia can result in mandatory jail time. You need not be nervous or anxious about merely being charged for DUI in Virginia while on probation. It is a DUI conviction that affects the conditions of probation not the mere charge of DUI. On being charged with DUI in Virginia while on probation, never make the mistake of dealing with the charge by yourself. Take the help of our lawyers at The Law Offices Of SRIS, P.C. to find the right solutions. To avoid the consequences of a DUI conviction on your probation status, it is important to aggressively defend your case in Virginia. Call our lawyers in Virginia right away for effective defense solutions!!
If you want to attain a favorable outcome, seeking the professional guidance of a skilled Virginia lawyer is essential. Schedule an appointment with our Virginia lawyers at The Law Offices Of SRIS, P.C. right away to find the right strategies.