Newport News Lawyer Explains DUI in VA

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Anthony Montagna, III has practiced law over 22 years. On this page, a Newport News DUI lawyer explains DUI in Virginia. DUI’s are one of the most serious misdemeanor charges in Virginia. If convicted of a DUI, one faces up to 12 months in jail, $2,500.00 fine, loss of driver’s license, and other onerous penalties. Additionally, it is important to be aware that convictions for DUI in Virginia can also include mandatory jail time.

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When you hire Anthony Montagna, III, a skilled Norfolk DUI lawyer, you can be confident that you have a fighter on your side. Anthony learned from one of the best lawyers in Norfolk, Anthony Montagna, Jr. Anthony’s father, a retired Captain from the United States Naval Reserve and former Judge Advocate General, taught Anthony to give back to his community and the men and women serving our country. Also, Anthony prides himself on his dedication and preparation in representing all of his clients, civilians and military alike.

Every case is different, and the results of one case do not guarantee the results in a different case, top Norfolk DUI lawyer, Anthony Montagna, III has had great results in Norfolk, Virginia Beach, Newport News, and all of Hampton Roads. Some of Anthony’s great DUI dispositions are the following:

Navy man charged with a first offense DUI and second offense DUI in front of the same Judge on the same day: Both charges dismissed
Navy officer charged with DUI and Refusal: Both charges dismissed
Navy man charged with DUI and Refusal: DUI reduced to reckless driving and refusal taken under advisement to be dismissed in one year
Navy man charged with second offense DUI: Client found guilty of DUI-first offense and no active jail time
Man charged with DUI with a B. A. C. of .24: DUI dismissed
Man charged with DUI-first offense: DUI reduced to reckless driving

Anthony Montagna, III understands that each client deserves the best, and he is dedicated to providing the best legal representation available. With a DUI in Virginia, you may have questions about the following:

First Offense:

A class I misdemeanor, up to 12 months in jail and a $2,500.00 fine, with a mandatory minimum fine of $250.00. If the defendant’s BAC is at least .15 but less than .20, the defendant must serve a mandatory minimum sentence of five days. If the BAC is .20 or higher, the defendant must serve a mandatory minimum 10 day jail sentence.
Defendant must complete Virginia Alcohol Safety Action Program (ASAP), if ordered.
Suspension of driver’s license for 12 months, with court discretion for a restricted driver’s license.
If the BAC was .15 or more, installation of an ignition interlock system is mandated for a minimum of six months on any vehicle registered to or owned by the defendant.

Second Offense:

Within 5 years: a Class I misdemeanor and a mandatory minimum fine of $500 and a jail sentence not less than one month, with a mandatory minimum jail sentence of 20 days; if the BAC is greater than .15 but less than .20, an additional 10 days is added to the mandatory minimum sentence; if the BAC is .20 or greater, the additional mandatory jail sentence is 20 days.
Within 5 to 10 years: a Class I misdemeanor and a mandatory minimum fine of $500.00 and a jail sentence of not less than one month with a mandatory minimum jail sentence of 10 days; if the BAC is greater than .15 but less than .20, the defendant must serve an additional mandatory jail sentence of 10 days and the total mandatory fine is $1000.00; if the BAC is .20 or greater, the defendant must serve an additional mandatory jail sentence of 20 days and the total mandatory fine is $1000.00.
Driver’s license suspended for three years.
Restricted license may be obtained after four months, if second offense occurred between 5 and 10 years ago.
Restricted license may be obtained after 1 year if second offense is within 5 years.
All restricted licenses require ignition interlock system for a period of time not to exceed the period of license suspension and restriction, but not less than 6 months.

Third Offense within 10 years:

A Class VI felony, up to 5 years in the penitentiary and a $2,500.00 fine
If third offense is within 5 years, mandatory minimum $1,000.00 fine and mandatory minimum jail sentence of 6 months.
Mandatory minimum jail sentence of 90 days, if not within 5 years.
Indefinite license suspension.

Fourth or Subsequent Offense within 10 years:

Class VI felony, mandatory minimum sentence of 1 year and $1,000.00 fine.

What are field sobriety tests? They are used to assist officers in evaluating whether an individual is impaired. The most common field tests are: Horizontal Gaze Nystagmus (HGN), nose touch, alphabet, one leg stand, walk and turn, and preliminary breath test (PBT).

HGN: measures involuntary jerking of eyes.
Nose touch: touching nose with finger.
Alphabet: reciting alphabet from A to Z or from any letter to another, without singing.
Standing on one foot with other foot raised six inches off the ground for 30 seconds.
Walk and turn: walking nine steps, up and back, on a real or imaginary line.
PBT: not admissible at trial, but may be offered at suppression hearings to justify probable cause; a small hand held breath testing device.

The police officer never told me of my rights, is that Ok? A police officer is not required to mirandize everyone. An individual must only be advised of his rights if he is in custody. Generally, a police officer does not need to advise an individual of his rights if he is stopped only for an investigative detention. However, the police officer must have stopped the individual based on a reasonable, articulable suspicion.

I was charged with driving on a suspended license, what do I do?

Obtain a copy of DMV record, pay off all fines and reinstatement fees, and have valid license with you in court.
Talk with an attorney to determine if the officer had reasonable basis to stop you.

What is implied consent? If you drive a motor vehicle on a highway, as defined in the code, that you agree to submit to the breathalyzer or blood test to determine the presence of alcohol or drugs. § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc. It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedloxymethamphetamine per liter of blood, A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v). For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth. § 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood

Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of §l8.2-266, 18.2-266.1, or subsection B of §18.2-272 or of a similar ordinance within three hours of the alleged offense.
Any person so arrested for a violation of clause (i) or (ii) of §18.2- 266 or both, §48.2-266.1 or subsection B of §18.2-272 or of similar ordinance shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.

A person, after having been arrested for a violation of clause (iii), (iv), or (v) of §18.2-266 or § 18.2-266.1 or subsection B of 18.2-272 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of §18.2-266(i) or (ii) or both, submits to a breath test in accordance with subsection B or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.

What are some of the visual detection clues used by police officers in a DUI arrest?

I believe there are 10 visual detection clues usedfrequently by the police before initiating a stop for suspected DUI. In my opinion, the 10 clues are the following:

Weaving
Swerving
A near collision
Unexplained speed increases and decreases
Driving below the posted speed limit
Stopping vehicle in lane of travel for no reason
Driving without headlights at night
Driving down a one way street
Very wide turns
Improper lane change

When you need a great Newport News DUI lawyer, call Anthony today at 757-625-3500. He will sit down with you and explain all of the elements and penalties for a DUI. He will answer all of your questions and encourage you to call him or make follow up appointments if you have new questions. Most importantly, Anthony will treat you like he would want a colleague to treat his family member if that person had a serious legal matter.

By Montagna Law | Posted on October 6, 2016

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Robert Bolden III

Tony was amazing! I initially found him online while researching lawyers in my area, and what sealed the deal was a close family friend who is an experienced lawyer themselves. They confirmed Tony was the person to go to. You can immediately tell he is experienced and knows his stuff. Every time we met, I felt valued and like I had his full attention. He took the time to make sure I understood everything at each step along the way. His paralegal Jay was equally awesome with top-tier communication throughout the entire process. I strongly recommend Tony to anyone looking for exceptional legal representation.

Marcus R

Mr Montagna goes above and beyond for his clients. I highly recommend his law firm.

Zgillman

I had a great experience with Mr. Montagna, I’ve had no previous court experience and he was able to guide me very clearly. Also ended with positive results.

Gina Briccetti

I couldn't recommend a lawyer as much as I recommend Anthony. He put my best interest to the forefront of his priority, taking all aspects of my case into consideration during the duration of my trial. He had an excellent way of communicating with me, treating me like one of his family members, instead of just a client. He was super transparent with me throughout the entire timeline of my case, and prepared me for what was to be expected so nothing was a surprise. I fully trusted Anthony to fight for me and my reputation, and he displayed himself very highly during my court date. He fully committed to me for my situation, and left out no details of what the court was entailing. He recommended I go above and beyond to mend my case, and so I did. He was successful in court with me, and I would absolutely utilize him as a resource for any further needs.

Josh Burton

Extremely helpful, clear, kind, and on top of every detail. Highly recommend!

Paige Dyer

Mr. Montagna was a great lawyer. Made the process very smooth and easy. Him and his paralegal were very professional and walked me through everything to help me understand my case. He worked hard get my reckless driving bumped down to an infraction which is a win in my book. 10/10 recommend if your looking for a lawyer.

nathan wilcots

Best lawyer I can ask for. He will not make promises but will put u at ease. I definitely recommend Anthony montagna.🔥

Kisha Wray

⭐⭐⭐⭐⭐ I cannot recommend Anthony Montagna highly enough. From the start, he demonstrated an incredible command of the law and a clear strategy for my case. He personally called me multiple times to walk through our defense and made sure I understood every step of the process. In court, Mr. Montagna was calm, confident, and extremely sharp. His knowledge of the law and ability to execute the right strategy ultimately helped lead to the dismissal of my case. When he says he treats his clients like family, he truly means it. He and his team were professional, responsive, and supportive the entire time. A special thank you to Jay, the paralegal on his team, for helping keep everything organized and moving smoothly. If you ever need legal representation, don’t hesitate to call Anthony “The Man” Montagna. Follow his guidance and do what he asks you to do — he knows what he’s doing. Thank you again for turning what started as a stressful situation into a positive experience.

Travis Langley

Unfortunately, I got a reckless driving ticket (68mph in a 45mph zone). Looked online and searched through many lawyers to help me with my case. Montagna law was one of the firms that popped up on a simple Google search. I read all of the previous cases stated on their website and felt comfortable with my decision to hire Mr. Montagna as my lawyer to represent me. I will say it was quite expensive, but what you get in return is fantastic representation at your court hearing and I was able to get my reckless driving charge completely dismissed and didn't have to pay any court costs or anything. Ofcourse this outcome is situational per a case to case basis, but I can honestly say that Mr. Montagna will try his absolute best to get you a good outcome in court! His experience truly speaks for itself!

Tyler Brown

I cannot recommend Anthony Montagna highly enough. He represented me in a case where I was originally charged with reckless driving (96MPH in a 55MPH zone), and thanks to his skill and strategic approach in the courtroom, he was able to get the charge reduced to improper driving. That alone made a huge difference in the long-term impact on my record. What really impressed me was how he handled the judge’s initial decision to suspend my license for 10 days. Anthony didn’t just accept it, he respectfully and professionally pushed back, using his experience and knowledge of the law to advocate even harder on my behalf. Because of his persistence and expertise, the judge reconsidered. In the end, I avoided a license suspension and the maximum fine. He is not the cheapest attorney out there, but in situations like this, you truly get what you pay for. The money was absolutely well spent. He protected my driving record, my ability to work, and gave me peace of mind during a stressful situation. If you’re facing a serious traffic charge and want someone who knows how to navigate the courtroom and fight for you, Anthony Montagna is the lawyer you want in your corner. I’m extremely grateful for his help.