Tillotson & Martin have the knowledge, care, and fight to defend you against any DUI charge. Our attorneys wrote the book on DUI Law for the state of Virginia and are recognized at the top of their field. Put our expertise on your side.
Coastal Virginia DUI Defense Attorneys
DUI Lawyers Serving Hampton Roads, Newport News & Portsmouth
If you were charged with driving while intoxicated and are subsequently convicted, you could face several consequences. For instance, you might be fined, incarcerated, or be prohibited from driving because of a driver's license suspension. The effects of a drinking and driving conviction can be long-lasting and impact various facets of your life, including your professional and personal reputation.
For example, you will have a criminal record, which can make it challenging to get a job or house. Your insurance company might also increase your premium or cancel your coverage altogether. The implications extend beyond immediate legal penalties, potentially affecting personal relationships and community standing. You do not have to accept these consequences without a fight. Challenging the accusations is your right, and it’s imperative to exercise this right with the assistance of a knowledgeable DUI defense attorney from Tillotson & Martin, LLC.
For a free consultation to discuss your DUI defense needs, call us at (757) 568-7978 today.
Protect Your Rights with Experienced DUI Defense Attorneys
Being charged with a DUI can have serious consequences, including fines, license suspension, and even jail time. Each of these penalties has its own nuances, which could vary according to the specific circumstances surrounding the charge. It is crucial to have skilled and experienced DUI defense attorneys on your side to protect your rights and fight for the best possible outcome for your case.
At Tillotson & Martin, LLC, our coastal Virginia DUI defense attorneys have a proven track record of successfully defending clients in Hampton Roads, Portsmouth, and Newport News. We understand the complexities of DUI laws and have the knowledge and resources to build a strong defense strategy tailored to your specific case.
Why choose us for your DUI defense in Hampton, Chesapeake, Portsmouth, or surrounding areas?
- Experience: Our attorneys have years of experience handling DUI cases and are well-versed in the local laws and court procedures.
- Personalized Approach: We understand that every situation is unique, and we take the time to listen to your side of the story and gather all the necessary evidence to build a solid defense.
- Aggressive Advocacy: We are dedicated to protecting your rights and will aggressively advocate for you throughout the legal process, from negotiations with prosecutors to courtroom representation.
- Positive Results: Our firm has a track record of achieving favorable outcomes for our clients, including reduced charges, dismissals, and acquittals.
- Client Satisfaction: We prioritize client satisfaction and strive to provide exceptional legal representation and personalized attention to each client we serve.
Trust a Defense Team with the Skills to Fight Your DUI Charges
At Tillotson & Martin, LLC, our Coastal Virginia DUI lawyers provide the compassionate and aggressive defense you need. We know that good people can find themselves facing a drinking and driving charge, and we are here to help them through the judicial process.
Not only does our team have nearly 75 years of combined experience and a focus solely on DUI defense, but we also have the designations and training necessary to develop a solid strategy. Attorney Martin is an ACS-CHAL Forensic Lawyer-Scientist, and both of our attorneys are breath test operators and give lectures to other attorneys regarding DUI law. When you choose our DUI defense lawyers, you can be confident you'll be backed by a team with the knowledge, skills, and resources to effectively handle your situation, providing guidance and clarity at each phase.
What Happens If You Get a DUI
In Virginia, a DUI (Driving Under the Influence) offense carries significant legal consequences. Here’s an overview of what you might expect if you are convicted of a DUI in Virginia, each stage requiring careful navigation to protect your rights and future.
First Offense DUI
- Fines: A first-time offender can face fines ranging from $250 to $2,500. The exact amount may depend on specific aggravating factors present at the time of the offense.
- Jail Time: A first DUI conviction can result in a jail sentence of up to one year. However, mandatory jail time of five days is imposed if your blood alcohol concentration (BAC) is 0.15% or higher.
- License Suspension: Your driver’s license can be suspended for one year.
- Alcohol Education Program: You will be required to complete the Virginia Alcohol Safety Action Program (VASAP).
- Ignition Interlock Device: Installation of an ignition interlock device (IID) is mandatory for a minimum of six months if you wish to drive on a restricted license during the suspension period.
Second Offense DUI
- Fines: Fines for a second offense range from $500 to $2,500.
- Jail Time: A second DUI conviction within ten years carries a mandatory jail sentence of 20 days to one year. If the second offense occurs within five years of the first, the mandatory minimum jail time increases to 30 days.
- License Suspension: Your driver’s license can be suspended for three years.
- Alcohol Education Program: Completion of the VASAP is required.
- Ignition Interlock Device: An IID must be installed on your vehicle for at least six months once you regain restricted driving privileges.
Third Offense DUI
- Fines: A third offense results in fines ranging from $1,000 to $2,500.
- Jail Time: A third DUI conviction within ten years is classified as a Class 6 felony and carries a mandatory minimum jail sentence of 90 days to five years. If the third offense occurs within five years, the mandatory minimum increases to six months.
- License Revocation: Your driver’s license can be revoked indefinitely. You may petition for reinstatement after three years.
- Alcohol Education Program: Completion of the VASAP is again required.
- Ignition Interlock Device: An IID must be installed on your vehicle for a minimum of six months after any reinstatement of restricted driving privileges.
Additional Penalties & Considerations in Virginia DUI Cases
- Higher BAC Levels: Higher BAC levels (0.15% or 0.20% and above) result in increased mandatory minimum jail times and additional fines.
- Underage DUI: Drivers under the age of 21 with a BAC of 0.02% to 0.08% face fines of up to $500, a one-year license suspension, and mandatory completion of an alcohol safety program.
- Refusal to Submit to Testing: Refusing a breathalyzer or blood test can lead to additional penalties, including a separate charge and license suspension.
Virginia’s DUI laws are stringent and designed to deter impaired driving, with escalating penalties for repeat offenders. If you are facing DUI charges, our experienced legal team can help you navigate the complexities of DUI law and to potentially mitigate the consequences. Call today to learn more about your rights and options.
Frequently Asked DUI Defense Questions
How Can a DUI Affect My Insurance Rates?
After a DUI conviction, your insurance rates are likely to increase significantly due to being classified as a high-risk driver. Insurance companies often adjust their premiums to reflect the perceived risk that a driver poses. Some insurers may even choose to terminate coverage altogether after a DUI conviction. The precise impact on your insurance premiums can depend on multiple factors including your driving history, the severity of the offense, and the specific policies of your insurance provider. It's crucial to discuss these implications with your insurance company promptly and explore options to potentially minimize rate hikes by maintaining a clean driving record moving forward.
What Should I Know About DUI Checkpoints in Coastal Virginia?
DUI checkpoints are legal in Virginia and are conducted as part of efforts to deter impaired driving. These checkpoints are often set up during times when DUI incidences are likely to be higher, such as holidays or during local events. Law enforcement officers must follow strict guidelines to ensure these stops are conducted legally and fairly. If stopped at a DUI checkpoint, you are required to provide identification and comply with officers’ requests, but you have certain rights, such as the right to remain silent beyond providing the basic information. Understanding your rights during these interactions can aid in your defense should any legal issues arise from the checkpoint.
What Is the Advantage of Hiring a Local DUI Defense Lawyer?
Whether you're facing DUI charges in Hampton, Portsmouth, Chesapeake, Virginia Beach, or any nearby area, there are unique regional factors that can affect your DUI case. If you work with a defense attorney who has handled many DUI cases in these areas before, you'll have an advocate on your side who knows how law enforcement operates in the area, how the prosecutors approach their cases, and how the judges in the area tend to handle DUI cases. With Tillotson & Martin, LLC, you can benefit from having a well-informed, proactive DUI defense lawyer protecting your future.
- First Time DUI
- Second DUI Offense
- Multiple DUI Offense
- DUI & Drugs
- Marijuana DUI
- Underage DUI
- DUI for CDL Drivers
- Hit & Run
- DUI for Military Members
- Vehicular Manslaughter
- Ignition Interlock Device
- Out of State DUI
- Federal DUI
- Drivers' License Restoration
- Criminal Defense
- DUI Defense
- Breath and Blood Tests
- BUI
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We Wrote Virginia's DUI Book for Lawyers
Because of their immense knowledge and vast experience trying DUI cases, Michael Tillotson & Jeff Martin were contracted by Thomson Reuters Westlaw, the leading authority in legal publishing, to write the book on Virginia DUI Law. Prosecutors and defense attorneys throughout the state look to this book for insight into both the technical and legal aspects of a DUI case.
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What Is Virginia's DUI Law?
Under Virginia Code § 18.2-266, it's illegal to drive any motor vehicle while intoxicated. Intoxication can involve having a blood alcohol content (BAC) of .08% or higher or being under the influence of drugs and/or alcohol. This statute aims to ensure public safety by minimizing risks posed by impaired drivers.
If I Wasn't Drunk, Can I Be Convicted of a DUI?
Many people think that they can be convicted of a DUI only if they were drunk, meaning they lacked coordination, were slurring their words, or had bloodshot watery eyes. Sadly, that's not always the case.
Even if you passed the field sobriety tests and felt like you were in complete control of your vehicle while driving, blowing a .08 or higher could result in a DUI conviction. The reason for this is because of Virginia's so-called "per se" law under clauses (i) and (v) of Virginia Code § 18.2-266. This legal provision places significant emphasis on BAC levels as a clear indicator of impairment.
Under the "per se" law, a person is considered impaired by drugs or alcohol because their BAC is at a specific limit. If a breath or alcohol test shows that you were at or above the legal limit, regardless of your physical or mental capabilities, the law considers you drunk.
In Virginia, the per se levels are as follows:
- Alcohol: .08%
- Cocaine: .02 milligrams per liter
- Methamphetamine: 1 milligram per liter
- Phencyclidine (PCP): .01 milligrams per liter
- Ecstasy: .1 milligram per liter
What Are the BAC Levels for Underage Drinkers & CDL Holders to Be Charged with DUIs?
When you search the web for BAC levels for underage drivers and CDL holders, you might find specific numbers attached to DUIs for these motorists. For instance, a site might say that a person under 21 years of age could be charged with a DUI if their BAC was at or above .02. For CDL holders, the level may be .04.
However, these amounts don't result in DUIs for underage drivers and CDL holders. The law doesn't allege that the motorist is drunk at these levels, only that they are driving unlawfully. The underage driver or CDL holder might be charged with a different misdemeanor and not a DUI.
When Is an Ignition Interlock System Used?
An ignition interlock system, often referred to as an ignition interlock device (IID), is a critical measure used to prevent DUI-related recidivism. It is typically mandated for individuals convicted of driving under the influence, especially for repeat offenders or cases where high blood alcohol content (BAC) levels were involved.
The device works by requiring the driver to perform a breathalyzer test before the vehicle can start. If the device detects alcohol above a preset limit, the vehicle will not start, thus preventing a potentially impaired driver from getting on the road.
In Virginia, the ignition interlock system is not just for repeat offenders. Even first-time offenders with BAC levels that barely exceed the legal limit may be required to install an IID in their vehicles as part of their sentencing.
The period during which the ignition interlock device must be used varies depending on the specific details of the conviction, including the offender's BAC at the time of arrest and any prior DUI convictions. The use of an ignition interlock device is a significant component of Virginia's approach to reducing drunk driving and enhancing road safety, reinforcing the message that driving under the influence will not be tolerated.
Why Hire Tillotson & Martin?
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We were tasked with writing the book on Virginia DUI Law by Thomson Reuters Westlaw, the leading authority in legal publishing. Prosecutors, defense attorneys, and judges often turn to this resource.
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Not only are our attorneys committed to attending continued education courses, they lecture and teach courses themselves. In a field as scientific and technical as DUI Defense, keeping our knowledge up to date is crucial to crafting our clients' defense strategies.
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Mike Tillotson & Jeff Martin go the extra mile for their clients. Our team realizes that this is your future at stake and we will employ every strategy to ensure that we are providing you with the best representation possible.
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With over 75+ years of combined experience, Mike Tillotson and Jeff Martin have successfully handled thousands of DUI cases, and has tried cases across the entire state of Virginia.