DUI with Drugs Attorneys in Virginia
Charged with Driving Under the Influence of Drugs? We’re Here to Defend You in Hampton Roads & Newport News.
In Virginia, you may be charged with a DUI not only for driving under the influence of alcohol but also for drugs.
Virginia Code 18.2-266 provides that if any of the following impairs a driver's abilities, they're committing an offense:
- Any narcotic drug
- Intoxicant
- Drug whatsoever in nature - even a drug prescribed to you
- Combination of the drugs listed above
If you're charged with driving under the influence of drugs (DUI-D), you could face severe penalties.
At Tillotson & Martin, our Coastal Virginia lawyers have over seven decades of combined experience, and we are well-versed in DUI law. In fact, our knowledge in this area is so vast and in-depth that we wrote the book on Virginia DUI Law judges, other lawyers, and prosecutors read for these types of matters. On top of that, we remain current with changes in the laws and technologies used in driving under the influence cases, which allows us to build strong defenses. We are here to answer your questions about the process for resolving your DUI-D case and are ready to provide the compassionate yet aggressive representation you need.
To speak with us during a free consultation call (757) 568-7978 today.
Can I Get a DUI-D for Driving After Taking a Prescription Medication?
Many people believe that a DUI-D is charged only to drivers who were under the influence of illegal drugs. Unfortunately, that's not the case.
Any substance, whether legal or illegal, that impairs a driver's ability to safely operate a vehicle can lead to an accusation of driving while intoxicated by drugs. Thus, if you took a prescription or even over-the-counter (OTC) medicine, you could get a DUI-D.
One of the challenging parts of a DUI-D case is that often a driver is taking a prescription or OTC medication to treat a physical or psychological problem. The substance is making them feel better, yet they get charged with driving under the influence of drugs. This may not be fair, but it happens often.
When the prosecutor is arguing the case, they will do everything they can to prove that the defendant's driving behavior was a result of the legal substance in their body, even though it was due to some manifestation of the driver's medical condition.
To combat the prosecutor's allegations and evidence, our Coastal Virginia lawyers commonly bring in expert witnesses to testify that the medication didn't cause the driving behavior. Instead, the medicine made the defendant a safer driver.
Understanding Your Rights During a DUI-D Stop
Being pulled over for a DUI-D can be a stressful experience, but it's essential to know that you have rights. Understanding these rights can significantly impact the outcome of your case.
Here are some critical points to keep in mind:
- The Right to Remain Silent: You are not obligated to answer questions about your drug use or provide information that may incriminate you.
- The Right to Legal Representation: You have the right to consult with an attorney before answering any questions or taking any tests. It's crucial to have knowledgeable legal support during this process.
- The Right to Refuse Field Sobriety Tests: While refusing these tests may lead to automatic penalties, it can also prevent potentially misleading evidence from being used against you in court.
- The Right to Challenge Evidence: If you are charged with a DUI-D, you can dispute the validity of the tests conducted, including blood tests or breathalyzer results.
Our experienced attorneys at Tillotson & Martin, LLC are committed to ensuring that your rights are protected throughout the legal process.
We can guide you on how to navigate a DUI-D stop and help build a robust defense tailored to your unique situation. Contact us today!
If I Took an OTC and Had a Little Alcohol, Can I Be Charged with a DUI-D?
It might be the case that you were feeling ill and took a cough suppressant or allergy medication and had a drink a while later. In this situation, you could be convicted of a DUI-D, even if your BAC was at or below the presumed sober level of .05. The prosecutor may try to prove that although your blood alcohol content was something like .04, the OTC enhanced the effects of the alcohol. Thus, they will say you were intoxicated.
What Are the Penalties for a DUI-D?
Similar to an alcohol-related driving under the influence matter, if you're convicted of a DUI-D, you could face jail time, fines, and a driver's license revocation.
- First Offense: is a Class 1 misdemeanor, which carries a maximum jail term of 1 year and/or a maximum fine of $2,500. Also, driving privileges will be revoked for 1 year.
- Second Offense: has similar punishments except that a mandatory minimum jail term and fine may be imposed, which depends on the BAC level and when the offense occurred. Additionally, driver's license suspension increases to 3 years.
The penalties continue to increase for each subsequent offense.
Understanding DUI-D and Drug Intoxication
Driving under the influence of drugs (DUI-D) is a serious offense that can result in severe legal consequences. If you have been charged with a DUI-D in Virginia, it is crucial to seek legal representation from experienced attorneys who understand the complexities of drug intoxication cases.
At Tillotson & Martin, LLC, our team of DUI with drugs attorneys have a deep understanding of Virginia's DUI laws and can provide the aggressive defense you need. We can help answer questions such as:
- Can I get a DUI-D for driving after taking a prescription medication?
- If I took an over-the-counter medication and had a little alcohol, can I be charged with a DUI-D?
- What are the penalties for a DUI-D in Virginia?
Our goal is to provide you with the legal representation you need to navigate the complexities of DUI-D and drug intoxication cases in Hampton Roads and Newport News. Contact us today for a consultation to discuss your case and learn how we can defend your rights.
Get the Legal Representation You Need
At Tillotson & Martin, when you hire our Coastal Virginia DUI-D attorneys for your case, we’ll see you as the person you are not the offense you were charged with. We provide personalized attention and listen to your side of the story. Our team will leverage our resources to work toward a favorable result on your behalf.
Discuss your legal options for fighting your charge by calling us at (757) 568-7978 or contacting us online.
