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DUI Attorney in Roanoke
Virginia Representing Accused Drivers
Driving under the influence (DUI) of drugs or alcohol is a serious crime in the state of Virginia. It’s also aggressively prosecuted.
In fact, the legal limit is 0.08% in Virginia, but drivers who appear to be intoxicated can still face DUI charges even if their BAC is below this limit. If you have been charged with DUI, it’s in your best interest to contact a criminal defense attorney at the Law Office of Seth C. Weston, PLC right away.
Our criminal law attorneys fight to clear your name, protect your freedom, and offer years of experience. Contact the Law Office of Seth C. Weston, PLC, to discuss your defense options and protect your future.
What Is The Difference Between a DUI and a DWI in Virginia?
In Virginia, the two charges are equally serious, especially when it comes to the penalties. The Virginia penal code uses both terms. It specifies that a person is not allowed to drive a motor vehicle with a blood alcohol concentration of 0.08% or more.
It also states that no one is allowed to drive while impaired by alcohol or drugs, whether they be prescription drugs or illegal drugs, alone or in any combination. The latter is sometimes referred to as a DUID, i.e., driving under the influence of drugs. All of these violations count as a class 1 misdemeanor for a first offense.
The key, however, is that you are not allowed to drive while intoxicated or impaired, even if your blood alcohol concentration turns out to be below 0.08%. As long as the police officer determines that you are impaired, based on your behavior or your appearance or smell, you can be charged with DUI or DWI.
What Happens If I Am Stopped For A Suspected DUI Violation?
The police officer may ask you to perform a field sobriety test. These involve standing on one leg for 30 seconds, walking in a straight line, and other such exercises. However, you do not have to comply with that request. In fact, it’s not a good idea to do so because such a test can really only be held against you.
At least a third of any randomly selected people would not pass a field sobriety test even if they were completely sober. So when declining, just be polite about it.
Breath Tests And Blood Tests
When it comes to breath tests and blood tests, Virginia has a so-called implied consent law. Under that law, drivers agree to submit to a chemical test, either a breath test or a blood test, or possibly both, if they are suspected to be drunk or otherwise under the influence of any substances that could impair their ability to drive.
However, you should know that there are two different kinds of breath alcohol tests, a preliminary breath test and an official breathalyzer test. The preliminary breath test is designed for use during a traffic stop. It’s supposed to help the officer decide whether or not someone is intoxicated. You are not required to take the preliminary breath test.
On the other hand, you should take the official breathalyzer test at the station. If you refuse the test after you have been arrested, you would face special penalties just for that, specifically an extra year of license suspension in addition to whatever your other penalties may turn out to be.
If someone refuses the breathalyzer test a second time within a ten-year period, it will be considered a first-class misdemeanor. The penalties increase accordingly and will include up to one year in jail, a fine of up to $2,500, and a three-year license suspension.
Is DUI A Felony or Misdemeanor in Virginia?
DUI can be charged as either a felony or a misdemeanor. In most cases, DUI is charged as a class 1 misdemeanor. However, repeat offenders can face class 6 felony DUI charges for their third conviction. A class 6 felony is the lowest level of felony charges in Virginia, but it still carries severe penalties.
What Are the Penalties For A DUI Conviction?
The penalties for a DUI conviction will vary depending on several factors, including whether the charge is a misdemeanor or felony. A first-offense DUI can lead to fines of up to $250 in addition to the revocation of driving privileges for up to one year. If your BAC was above 0.15 at the time of your arrest, you can also face jail time even if it’s your first offense.
The fines and license revocation period increase for second-time DUI offenders. The judge can also sentence second-time offenders to up to one year behind bars. In addition, second-time offenders can face mandatory jail time if their first offense occurred within the last 10 years.
The penalties are even more serious for third-time offenders, who will face class 6 felony charges. Driving privileges may be indefinitely revoked for these offenders, and they may be ordered to pay up to $1,000 in fines as well.
There are also mandatory jail sentences for offenders with three convictions within a ten-year time period. If the three convictions occurred within a five-year window, the defendant can face a mandatory six-month jail sentence. Furthermore, these repeat offenders may be ordered to forfeit any vehicle that they solely own.
If you are convicted of DUI for the fourth time, you will spend time behind bars for your crime. The law states that fourth-time offenders must spend one year in jail as punishment for DUI. This is in addition to fines, license revocation, and other penalties that come along with a DUI conviction.
Should I Get A Lawyer For A First Time DUI?
It’s important to know when to hire an attorney following a DUI arrest. It’s best to get in touch with a lawyer as soon as possible after an arrest so he or she can begin protecting your rights and working towards a resolution.
Do not make the mistake of thinking that you can represent yourself since it’s your first offense. It’s strongly recommended that you hire a lawyer regardless of whether this is your first or fourth DUI charge.
Can I Beat a DUI Case Without a Lawyer?
If you are arrested and charged with driving under the influence, your future outlook is entirely in the hands of the prosecutor and the legal justice system. We highly advise you choose the route of working with a legal expert for DUI/DWIs so that you can get the proper representation you deserve.
During the trial, a lawyer will poke holes in the prosecution’s case to show the jury that you are not guilty beyond a reasonable doubt.
Your attorney’s main priority is reaching the best possible outcome in your case. If you want to reach the best possible outcome, going to court for driving under the influence without a lawyer is not a wise decision.
Many people who are charged with DUI are not sure how to find the right attorney to handle their case. All criminal attorneys are not created equally, so it’s important to do your research before hiring a DUI attorney in Roanoke, VA. Start by asking friends and family members for recommendations.
How Much Do DUI Lawyers In Virginia Cost?
Clients are often eager to find out exactly how much it will cost to hire an attorney to defend them against DUI/DWI charges. Unfortunately, the cost of legal representation can vary greatly on a case-by-case basis.
A number of factors affect the total cost of legal services, including the complexity of the case and whether or not it goes to trial. It’s recommended that you ask your lawyer about his or her legal fees in the early stages of your case, so you know what to expect as your case progresses.
Contact Our Award-Winning Roanoke DUI Defense Law Firm Today
Don’t let a DUI conviction impact your life. Reach out to our Roanoke DUI defense team today for a confidential consultation and take the first step toward a strong defense.
