Virginia First-Time DUI Lawyers
A Client-Centered Approach to 1st-Offense DWI Cases in Hampton Roads & Newport News, Virginia
In Virginia, if you were operating a motor vehicle while under the influence of drugs and/or alcohol or with a blood alcohol content (BAC) of .08 or higher, you could be charged and convicted of drinking and driving. Referred to as DUI (driving under the influence) or DWI (driving while intoxicated or impaired), this offense can have severe consequences on your life, even if it's a first offense DUI in VA.
A conviction could lead to incarceration, fines, driver's license suspension, and other sanctions. To minimize or avoid the penalties, you must fight your charges with help from an experienced Virginia first time DUI lawyer to guide you through the complicated judicial process.
A Certified Forensic Lawyer-Scientist on Your Side
At Tillotson & Martin, we fight to protect the rights and freedoms of those charged with DUIs. Our Virginia first time DUI attorneys have over 75 years of combined experience and wrote the book on DUIs that judges, lawyers, and prosecutors read for these types of matters. DUI cases are very involved and contain a scientific element not seen in other criminal matters.
To provide effective defense against a first offense DUI in VA, our team stays informed on changes in the law and the latest technologies. Both of our attorneys are breath test operators and instruct courses on field sobriety tests. Additionally, Attorney Martin is a certified ACS-CHAL Forensic Lawyer-Scientist. When you retain our services, we will leverage our knowledge and resources to work toward a favorable outcome on your behalf.
If you have been charged with your first DUI offense, call us today at (757) 568-7978 to discuss your legal options with a skilled Virginia first time DUI lawyer during a free initial consultation.
How Does Virginia Define "Impaired" Driving?
Virginia Code 18.2-266 provides that a DWI charge may be levied when a person's ability to safely drive a motor vehicle is impaired. Virginia courts have held that a person is impaired or intoxicated when their mental and/or physical facilities are compromised.
If any of the following are affected by drugs and/or alcohol, a person could be charged with a DWI:
- Manner
- Disposition
- Speech
- Muscular movement
- General appearance
- Behavior
In a Virginia first offense DUI case, the prosecution will attempt to land a conviction by having the arresting officer testify.
To link the driver's behaviors to the definition of impairment, the officer may state that they observed the driver:
- Speaking slowly or incoherently
- Slurring their speech
- Swaying while walking or standing
- Leaning on objects for support
- Stumbling
- Having trouble balancing
What Are the Penalties for Your First DUI Offense in Virginia?
In Virginia, a first-offense DUI is a Class 1 misdemeanor. The conviction penalties include up to 1 year in jail and/or a fine of up to $2,500, with a mandatory minimum of $250. If the individual's BAC was between .15 and .20, the mandatory minimum jail term is 5 days. It would increase to 10 days if the BAC was higher than .20.
In addition to incarceration and fines, a first-time DUI conviction also results in driver's license revocation for 1 year.
What Is An Ignition Interlock Device?
This device is a breathalyzer that is built into your vehicle. In vehicles where this is installed, the driver must take and pass a breath test before the vehicle can be started. The device may also prompt the driver to take tests as they are driving.
As of July 2020, individuals convicted of DUI one time were allowed to choose to have an ignition interlock device installed in their car and keep their ability to drive. As of July 2021, this was extended to repeat DUI offenders.
Understanding the DUI Legal Process in Virginia
Navigating the legal landscape after a DUI charge can be overwhelming, especially for first-time offenders. At Tillotson & Martin, LLC, we believe that knowledge is power. Our experienced attorneys are committed to guiding you through each step of the process, ensuring you are well-informed and prepared for what lies ahead.
Here’s what you can expect during the DUI legal process:
- Initial Consultation: We start with a comprehensive consultation to understand your case details and discuss your options.
- Investigation: Our team will thoroughly investigate the circumstances surrounding your arrest, including reviewing police reports and witness statements.
- Pre-Trial Negotiations: We will negotiate on your behalf to seek reduced charges or alternative sentencing options, aiming for the best possible outcome.
- Trial Preparation: If your case goes to trial, our attorneys will prepare a strong defense strategy tailored to your unique situation.
- Post-Trial Support: Regardless of the outcome, we provide ongoing support to help you understand your rights and options moving forward.
Being well-prepared can significantly impact the outcome of your case. Our dedicated team is here to ensure you feel confident and informed every step of the way. Contact us today to schedule your consultation and take the first step towards protecting your future.
How Likely is Jail Time For a First Time DUI in Virginia?
It is difficult to predict exactly how likely it is that someone will receive jail time for a first-time DUI in Virginia, as the outcome of a DUI case can depend on various factors such as the severity of the offense, the individual's blood alcohol concentration (BAC) at the time of the arrest, and the presence of any aggravating circumstances (e.g., causing an accident while driving under the influence).
Aggravating Factors
While a first-time DUI is usually a misdemeanor offense, certain aggravating factors present at the time of arrest can lead to increased penalties, or even felony charges.
- Significantly High BAC: If you are slightly over .08% BAC, you will likely face standard misdemeanor charges and penalties. However, a BAC of over .15% is considered substantial. This high of a BAC requires a five-day mandatory minimum jail sentence. For perspective, it would take a 100-pound person about 3-4 drinks within one hour to reach this high of a BAC.
- DUI Resulting in an Accident: These penalties may become even more severe if the accident was a hit and run, or if the accident resulted in someone’s death. In that case, you may even face homicide charges.
- Speeding: If you are pulled over for DUI while going significantly faster than the speed limit (i.e., 55 mph in a 30 mph zone), you may get additional jail time if convicted.
- Child In The Car: Children can’t make an informed decision about getting in the car with a drunk driver. If you are arrested for DUI with a child in the car, you will face elevated penalties for endangering the child.
- Long-Term Consequences: Even after your fines are paid, your time is served, and your license is reinstated, you will still have a DUI conviction on your criminal record. This can have long-term impacts on your life, such as:
- Inability to work in certain fields
- Difficulty finding work
- Difficulty traveling
- Social implications or embarrassment
In Virginia, DUIs are not eligible for expungement. Once you have a conviction, it will be permanent on your record.
Penalties Beyond Jail Time: It is important to note that in Virginia, a DUI conviction carries serious consequences beyond the potential for jail time. These can include the suspension or revocation of the individual's driver's license, significant fines, and the requirement to attend an alcohol education program.
It is always best to avoid driving under the influence and to make alternative transportation arrangements if you have been drinking.
If I Wasn't Driving, Can I Still Be Charged with a DWI in Virginia?
Yes. Even if you weren't actually driving your car, an officer may still arrest you for a DUI. That's because Virginia law provides that a person commits the offense when they "drive or operate any motor vehicle."
The definition of "driving" may be obvious: You're behind the wheel while motoring down the road.
However, things get a bit tricky when defining "operating." Essentially, it comes down to if you're sitting in the driver's seat with the keys in the ignition. It doesn't matter if the vehicle was running or not. For instance, you could be charged if you had a couple of drinks and then went to your car just to listen to the radio.
You might also be accused of the offense if your car was stuck somewhere with no hope of getting it out, but you were in the driver's seat and your keys were in the ignition.
In some cases, you don't even need to be in the driver's seat to be charged with a DWI. Suppose your friend is driving, but you grab the wheel at some point. Your actions put you in "physical control" of the vehicle.
Can I Be Charged with a DWI While Riding a Bicycle Drunk?
Virginia law states that a person commits a DWI offense when they drive a motor vehicle while impaired by drugs or alcohol. Thus, if you are drunk while riding your bike, you can't be charged under state laws. However, if you're on federal property, such as a national park, you could face charges because federal law says drinking and driving occurs when a person is intoxicated while in control of a vehicle, bicycles included.
Can a First Offense DUI Be Dismissed?
In Virginia, a dismissal of a first-offense DUI is possible if the offender successfully completes an approved and monitored alcohol education program. The court may also consider other mitigating factors when deciding whether or not to reduce or dismiss the DUI charge. Depending on the severity of the particular offense, requirements can include paying fines and fees, partaking in community service, attending DUI classes, or completing alcohol treatment or an ignition interlock program. If all of the conditions are met to the satisfaction of the court and the probation officer, then the charge could possibly be dismissed. However, it is important to keep in mind that this is on a case-by-case basis.
Why Choose Tillotson & Martin, LLC for Your DUI Defense?
Choosing the right legal representation can significantly impact the outcome of your DUI case. At Tillotson & Martin, LLC, we pride ourselves on our extensive experience and dedication to our clients. Here are several reasons why we stand out as the premier choice for DUI defense in Newport News, VA:
- Proven Track Record: Our attorneys have successfully defended numerous DUI cases, achieving favorable outcomes for our clients. We understand the intricacies of Virginia DUI laws and know how to navigate the legal system effectively.
- Personalized Defense Strategies: Every case is unique. We take the time to understand your specific circumstances, crafting a tailored defense strategy that addresses your needs and concerns.
- Comprehensive Support: From your initial consultation to the resolution of your case, we provide ongoing support and guidance. Our team is always available to answer your questions and keep you informed throughout the process.
- Access to Expert Resources: With a certified forensic lawyer-scientist on our team, we utilize the latest scientific methods and evidence to bolster your defense. This access to expert resources can make a significant difference in your case.
- Commitment to Client Education: We believe that informed clients make better decisions. We take the time to educate you about the DUI process, your rights, and the potential consequences, empowering you to navigate your situation with confidence.
When facing a DUI charge, having a knowledgeable and experienced attorney by your side can make all the difference. Contact Tillotson & Martin, LLC today to schedule a consultation and take the first step towards protecting your rights and future.
Our Virginia First Offense DUI Lawyers Can Help
At Tillotson & Martin, we know the ins and outs of DUI law. Our first-offense DUI attorneys in Virginia train other lawyers and teach, lecture, and host seminars on these types of matters.
For compassionate yet aggressive representation from a Virginia first time DUI lawyer for your first offenses, call us at (757) 568-7978 or contact us online.
