DUI Attorney in Virginia
Driving under the Influence (DUI) or driving while intoxicated (DWI) in Virginia is a severe traffic offense. If you are charged with any of these offenses, you are bound to be dealt with sternly in court. A DUI conviction can lead to a penalty fine of $250 to $2500 and a license suspension of 1 year. Avoiding a conviction requires the assistance of a skilled law firm like the Law Offices of SRIS, P.C. Retaining our Virginia DUI attorney will try to defend you from all angles, trying to avoid a conviction.
What is DUI?
According to the Code of Virginia 18.2-266, DUI is defined as operating a vehicle while your blood alcohol level is 0.08 per cent or more. The intoxication could have occurred due to banned drugs or alcohol. According to the zero-tolerance law, if the individuals caught driving while intoxicated were below the age of 21, the restricted level of blood alcohol will be considered 0.02. A minimum fine of $500 would be imposed. But if the alcohol level was found to be more than 0.08 per cent, then the minor will be penalized with the same punishments as an adult. You must retain a DWI Attorney Virginia if you want to avoid the harsh penalties.
Penalties associated with DUI and DWI are different depending on your BAC levels. The three BAC levels considered in Virginia are:
- Below 0.15 per cent
- Between the range of 0.15 to 0.20
- Above 0.20 per cent
Multiple convictions can get your offense categorized as a class 6 felony and that could result in 10 years of incarceration along with a $2500 penalty fine. Whatever may be the intensity of the charge, talk to our Virginia DUI attorney at The Law Offices of SRIS, P.C. Our DWI Attorney Virginia will try to get rid of the charges as soon as possible.
What Would Happen If I refuse a BAC Test?
If the traffic stop was performed correctly, then the law enforcement officer has the right to get a BAC test done on you. By the term right, we mean that when you obtain a driver’s license in Virginia, you automatically give consent to a BAC test; this is termed the implied consent laws. If you want to understand the consent laws clearly, contact our Virginia DUI attorney. Besides clarifying the provisions on implied consent laws and your rights, our Virginia DUI attorney will help you understand each procedure involved in a DUI charge.
You can choose to avoid a BAC test but before doing that you need to understand the consequences.
If you refuse to give consent to a BAC test for the first time, you could be subjected to a mandatory 1-year driver’s license suspension.
A second time refusal could get you booked under a Class 2 misdemeanor and a 3rd time refusal could lead to getting you booked under a Class 1 misdemeanor. Both Class 1 and Class 2 misdemeanor could result in a 3-year suspension of driving license. Before making any kind of statement before the officer, consult with our Virginia DUI attorney.
What Would Lead to a Traffic Stop and Arrest?
If you were found involved in rash driving or operating a vehicle in a manner that might harm pedestrians, then the law enforcement officer in charge has the right to conduct a traffic stop. Even a small reason like broken headlights can get you pulled over. You might have been stopped for a different reason; but if the officer finds you intoxicated, they would ask you to cooperate for a BAC test or a breathalyzer test.
A field sobriety test could also be conducted wherein you might be asked to perform one of the following tests:
- Horizontal Gaze Nystagmus (HGN) – This involves the officer placing a stimulus slightly above the eye level and you would be asked to follow the stimulus with your eyes and while doing so, you must not move your head.
- The Walk and Turn test (WAT) – The Officer will ask you to walk and turn in order to assess if your gait was steady, unwavering, and properly positioned. While turning, they will assess whether you made a smooth turn or you faltered.
- The One-Leg Stand test (OLS) – The police officer will check whether you keep swaying while on one leg or were using your arms to maintain balance. Hopping and putting your foot down prior to the completion of the test could convince the officer that you are intoxicated.
Our Virginia DUI attorney very well understands the difficulty level of these field tests. Even a sober person may find it strenuous to pass these tests. Call our Virginia DUI attorney for assistance the moment you sense you are in a legal problem.
If you happen to be involved in a road accident, it could complicate things further. The police officer will immediately perform all the tests and conduct an arrest within 3 hours if they are convinced that you are drunk. Connect with our Virginia DUI attorney right away and try to remain silent until we arrive or advise you to speak.
How Will a Virginia DUI attorney Defend a DUI Charge?
Our Virginia DUI attorney will first cross-examine the charge sheet and will also conduct a private investigation into the matter. Besides identifying the exact cause of the arrest, our Virginia DUI attorney will also document the series of incidents that led to the traffic stop and arrest.
Based on the past DUI cases that our Virginia DUI attorney has dealt with, we have put together a few common defense strategies:
- Suspect Was not Allowed to Contact Virginia DUI attorney
The suspect must be allowed to contact a Virginia DUI attorney if he/she states their wish to do so. They have the right to remain silent unless allowed talking to their personal Virginia DUI attorney. Oftentimes, dismissal of charges is the only option left to the State when they fail to establish why the defendant was not allowed to contact his/her Virginia DUI attorney.
- Inaccuracy of Breath Alcohol test
Sometimes a breathalyzer test reading could read high because of a high body temperature. The kit itself comes with an inherent 10% margin of error. So, our Virginia DUI attorney will first consult with forensic toxicology experts to identify issues with the test results. If our Virginia DUI attorney is able to identify valid evidence, then we will use it to defend you against the charges.
- Illegal Traffic Stop
You should not be stopped unless the officer has a very strong reason to do so. Another important point is that our Virginia DUI attorney will check if the investigation was conducted in the right manner. If the officer failed to follow the suggested protocol by performing the stop and investigation, then our Virginia DUI attorney will use it as a defense point.
- Inaccuracy of Field Sobriety Test Results
Field sobriety tests come with a 60% to 70% inaccuracy rate. Even a normal person would find it difficult to pass these tests; let alone an elderly, overweight or person with physical impairment passing these tests.
Our Virginia DUI attorney will effectively use this as a defense strategy and will state that the tests weren’t conducted in a standardized manner. If the tests were performed after an illegal stop, then would give our Virginia DUI attorney another important defense point to present in court.
- No Evidence of the Suspect Operating The Vehicle
If you were found just sitting inside the vehicle for shelter but weren’t driving it, then you needn’t have to worry about being charged with DUI. But if you are still charged with DUI, then our Virginia DUI attorney will try justifying the fact that you were using it just as a shelter until you got sober and weren’t planning to drive the vehicle until you were fit to operate.
Choosing to represent self during a DUI charge can have serious ramifications. Hire our Virginia DUI attorney at The Law Offices of SRIS, P.C. to avoid being tricked into a conviction. Our Virginia DUI attorneys have dealt with several DUI cases and hence, we can offer precise strategies to get you out of these charges without much public embarrassment. A public traffic conviction record can have a serious life-altering impact; so, call our Virginia DUI Lawyer today without a second thought.
What are the Criminal Penalties for a First DUI Conviction?
Being convicted of a DUI (Driving Under the Influence) offense in Virginia can have serious consequences. Understanding the criminal penalties associated with a first DUI conviction is crucial for anyone facing such charges. Equally important is finding the personalized Virginia DUI attorney who can provide professional legal representation and protect your rights. The Law Offices of SRIS, P.C. is a leading law firm with experienced Virginia DUI attorneys who can guide you through the legal process.
Criminal Penalties for a First DUI Conviction in Virginia:
A first DUI conviction in Virginia carries several potential criminal penalties that can significantly impact your life. It is important to note that these penalties may vary depending on the specific circumstances of your case.
The following are the typical criminal penalties for a first DUI conviction:
- License Suspension: Upon a DUI conviction, your driver’s license may be suspended for a period of time, typically between one and 12 months. The duration of the suspension depends on factors such as your blood alcohol concentration (BAC) level and any prior DUI convictions.
- Fines: First-time DUI offenders can face substantial fines depending on the circumstances of the offense. The court considers factors such as BAC level, any prior DUI convictions, and the presence of minors in the vehicle at the time of the offense.
- Ignition Interlock Device (IID): In Virginia, first-time DUI offenders may be required to install an IID in their vehicle. This device measures the driver’s breath alcohol content before allowing the vehicle to start. The duration of IID installation can range from six months to one year.
- Alcohol Safety Action Program (ASAP): A first-time DUI conviction may also require completion of an ASAP, which includes substance abuse education and treatment programs. Participation in ASAP is mandatory, and failure to complete it may result in further consequences.
- Probation: A first-time DUI conviction may include a probation period depending on the circumstances. This typically involves regular check-ins with a probation officer, adherence to specific conditions, and the potential for random alcohol and drug testing.
- Mandatory Alcohol Education Program: In addition to the Alcohol Safety Action Program (ASAP), a first DUI conviction in Virginia may require the completion of a mandatory alcohol education program. This program aims to educate individuals about the risks and consequences of driving under the influence and may involve attending classes or counseling sessions.
- Potential Incarceration: While first-time DUI convictions generally do not result in significant jail time, it is possible to face a short period of incarceration, especially if aggravating factors are present. Aggravating factors can include excessively high BAC levels, reckless driving, or causing property damage or injuries.
- Impact on Insurance: A first DUI conviction can have long-term financial implications, including increased insurance premiums or cancellation of insurance policies. Insurance companies consider DUI convictions high-risk behavior, which can result in higher rates or difficulties obtaining coverage.
- Criminal Record: A first DUI conviction in Virginia will result in a criminal record. This can have various adverse consequences, including difficulties securing employment, obtaining professional licenses, and even affecting personal relationships.
- Mandatory Driver Improvement Program (DIP): Individuals may be required to complete a Driver Improvement Program (DIP) as part of the penalties for a first DUI conviction. This program aims to improve driver behavior and reinforce safe driving practices.
- SR-22 Insurance Requirement: Following a DUI conviction, individuals may be required to obtain SR-22 insurance, which is a certificate of financial responsibility. SR-22 insurance is typically more expensive and proves the driver has the necessary coverage to reinstate their driving privileges.
It is important to note that the penalties mentioned here are general guidelines, and the specific consequences of a first DUI conviction can vary depending on the circumstances and jurisdiction. Consulting with an experienced DUI attorney VA is crucial to understanding the potential penalties you may face and developing an effective defense strategy.
Remember, the best course of action when charged with a DUI offense is to seek legal representation promptly. A personalized Virginia DUI attorney at The Law Offices of SRIS, P.C. can assess your case, protect your rights, and work towards minimizing the potential criminal penalties you may face.
If you are accused of driving while intoxicated in Virginia, you need an experienced defense lawyer who is familiar with the state’s legal requirements and who will work relentlessly to uphold your rights.
With a proven track record of success, our team of DWI attorney Virginia delivers personalized, professional, and effective legal services. Reliability in our experience to navigate the complexities of your case and achieve the optimal outcome.
Your reliable DWI Defense Advocates:
At the Law Offices of SRIS, P.C., we understand the gravity of a DWI charge and the profound impact it can have on your life.
Our focused team of DWI attorneys has built a solid reputation for providing unwavering support and exceptional legal counsel to clients throughout Virginia.
With a deep understanding of DWI Attorney Virginia laws and extensive courtroom experience, we efficiently handle all aspects of your case, from initial investigations to discussion and, if necessary, trial representation.
Personalized Approach to DWI Defense
At the Law Offices of SRIS, P.C., we believe every client deserves personalized attention and a strategic defense plan.
When you choose us to represent you in your DWI case, we will conduct a comprehensive review of the evidence, analyze the circumstances of your arrest, and explore all possible defenses.
Our attorneys will work closely with you to understand your goals and concerns, providing clear guidance and support throughout the legal process.
Comprehensive DWI Defense Services:
At the Law Offices of SRIS, P.C., we offer a wide range of comprehensive DWI Attorney Virginia defense services, including but not limited to:
- DWI Arrest Defense: We will carefully review the circumstances leading up to your arrest, challenging any violations of your constitutional rights or procedural errors made by law enforcement.
- Breathalyzer and Field Sobriety Test Challenges: Our attorneys are proficient in the weaknesses and inaccuracies of breathalyzers and field sobriety tests. We will meticulously analyze the testing procedures and results to challenge their reliability.
- Blood Test Defense: If your DWI case involves a blood test, our attorneys will closely examine the handling and analysis of your blood sample to ensure accuracy and adherence to proper protocols.
- License Suspension Hearings: We will guide you through the complex process of challenging your driver’s license suspension, providing vigorous representation to protect your driving privileges.
- Prior Conviction Consequences: If you have prior DWI convictions, we will explore potential strategies to minimize the impact of these prior convictions on your current case.
- Ignition Interlock Device (IID): Our attorneys will advocate for your rights if the court requires you to install an IID, ensuring you are treated fairly throughout the process.
Contact Us Today
Choose the Law Offices of SRIS, P.C., for unparalleled DWI defense representation in Virginia. Our team of professional attorneys is committed to providing exceptional legal services tailored to your particular needs.
With our extensive knowledge of Virginia’s DWI laws, personalized approach, and aggressive advocacy, we are prepared to navigate the complexities of your case and fight for your rights. Don’t face a DWI charge alone—contact us today to schedule a confidential consultation and take the first step towards securing your future.
DUI Attorney VA | Virginia DUI Attorney
In Virginia, facing a DUI (Driving Under the Influence) charge can be frightening and daunting. Navigating the legal complexity of DUI cases necessitates the assistance of an experienced DUI attorney who is experienced in these types of offenses. A DUI attorney, whether in Virginia or another state, can give crucial information, representation, and protection of your rights throughout the legal process. Consulting with a DUI lawyer at The Law Offices of SRIS.P.C. will give you the confidence to navigate the legal system.
Can a Virginia DUI lawyer hypnotize the judge and make my case disappear?
While a DUI lawyer cannot hypnotize a judge or make your case disappear by magic, they can use their legal knowledge, experience, and strategic defense techniques to advocate for a favorable possible conclusion. They strive to reduce the implications of a DUI charge by experienced negotiating, detailed case analysis, and compelling arguments.
Is it true that a Virginia DUI attorney can use a magnifying glass to spot hidden legal loopholes?
While DUI lawyers may not carry magnifying glasses, they have a strong eye for detail when spotting potential legal loopholes. They can identify gaps in the prosecution’s case, procedural errors, or constitutional infractions that may aid your defense by meticulously examining the evidence, statutes, and case law.
Can a Virginia DUI lawyer fool the breathalyzer machine and invalidate the test results?
DUI attorneys cannot outwit or invalidate breathalyzer devices but can contest the results’ reliability and accuracy. They may look into whether the breathalyzer was correctly calibrated and operated by a certified person and whether any outside circumstances altered the readings. They can create a defense strategy by scrutinizing the breathalyzer evidence and questioning the test results.
Will a Virginia DUI lawyer bring a crystal ball to foresee how my case will turn out?
DUI lawyers do not have crystal balls, but they have significant knowledge and experience of DUI cases, allowing them to analyze your situation accurately. While they cannot anticipate the exact conclusion, they can provide informed counsel based on their knowledge of Virginia’s DUI laws, local court procedures, and recent case outcomes to assist you in making informed judgments throughout the legal process.
Can a DUI lawyer in Virginia send out a pack of legal hounds to sniff out mistakes in police reports?
While DUI lawyers would not use actual legal hounds, they are experienced in analyzing police reports. They thoroughly examine the statements for contradictions, inaccuracies, or violations of your constitutional rights. They might dispute the prosecution’s case and improve your defense by spotting flaws.
Is it true that a Virginia DUI lawyer is a superb storyteller capable of crafting a captivating tale for the jury?
DUI lawyers are not fictional storytellers but are adept at delivering captivating storylines in court. They employ persuasive advocacy abilities to explain your case, integrating facts, data, and legal arguments into a clear and convincing narrative. They hope to persuade the jury or negotiate a favorable conclusion by successfully communicating your side of the story.