You likely don’t need us to warn you that driving under the influence (DUI) is a serious criminal offense. However, if you have been arrested for drunk driving, we do want to remind you that an arrest is not a conviction. You can still fight your charges and try to avoid or minimize the legal penalties and long-term consequences that you could face. Depending on the circumstances, you may even be able to have your case dismissed altogether.
Our team at Sunshine Law Group firmly believes that making a mistake should not define you or determine your future. Founded by a former prosecutor and experienced criminal defense attorney, our office is here to equip you with aggressive representation and sound legal advice.
Contact our office online or call (757) 206-2291 to request a free consultation with our DUI defense lawyer in York County, VA.
DUI Penalties and How You Can Avoid Them
Understanding Your Charges
Virginia issues DUI charges for one of two reasons. The first is visible impairment. This happens when you were pulled over and you have slurred speech, trouble with motor control, difficulty balancing, or other displays of alcohol impairment. The second is related to your blood alcohol content (BAC) level. If you are pulled over for any reason and have a BAC of .08% or higher, the officer can arrest you for driving under the influence.
Virginia DUI Penalties
Common drunk driving punishments include:
Jail time
Expensive fines
License suspension or revocation
Installation of an ignition interlock device on your vehicle
Alcohol education courses or treatment programs
A permanent criminal record
These legal penalties can be enhanced if you had an excessively high BAC level (.20% of higher), prior convictions, or a child in the vehicle at the time of your alleged offense. Something else to keep in mind is that a permanent criminal record may cause problems down the road, such as when you’re looking for employment or if you are litigating a custody case.
At the time of your arrest, authorities may request a BAC test (blood and/or breathalyzer tests). Unfortunately, these tests determine the outcome of DUI cases far too often. They are subject to error and misapplication. Incorrect readings and faulty procedures happen more than most people think. A skilled lawyer can help you investigate the handling of your BAC test and results. You may even be able to challenge the circumstances under which the test was administered. An officer must have probable cause to conduct the test. If they did not, you may be able to prevent the test from being used against you in court.
It is a similar situation with a field sobriety test. These tests are highly subjective. Even if you fail it, there might be other explanations for certain behaviors you displayed, such as medical diagnoses, physical limitations, environmental conditions, or improper test administration. Our Newport News DUI lawyer can help you scrutinize your field sobriety test and cast doubt on the officer’s report.
If you are facing charges related to drunk driving, we encourage you to call our York County DUI lawyer today at (757) 206-2291.
DUI Defense in York County, Newport News, and Hampton
At Sunshine Law Group, we understand that each DUI case is unique—that’s why our experienced legal team provides personalized service tailored specifically to your needs. We’ll listen to you tell your side of the story and help you determine how Virginia’s DUI laws apply to your circumstances.
Attorney Chad S. Roberts will scrutinize all available evidence and documentation. We’ll make sure that officers strictly adhered to protocol when they pulled you over, administered the field sobriety or BAC test, and made the arrest. Needless to say, our team will spare no effort when it comes to fighting your case.
Insights From Clients
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