First DUI Offense Attorney in Virginia

Key Takeaways

A blood alcohol content level of 0.08 is considered legally drunk in Virginia.
Minors may be deemed legally drunk if their BAC is 0.02 percent.
If you are a commercial driver, your BAC cannot exceed 0.04.
Virginia’s penalties for DUI are strict, and in some circumstances, you could incur jail time for a first DUI.

Hand holding a brown bottle peers through a car's steering wheel, dashboard visible, amidst urban traffic on a busy road.

Facing your first DUI offense in VA can be an overwhelming and frightening experience, leaving you anxious about the potential consequences on your life, career, and reputation. The stress of navigating the legal system alone can exacerbate your fears, as you risk hefty fines, license suspension, and even jail time. Each consequence weighs heavily on your future.

Fortunately, our dedicated team of experienced DUI attorneys is here to guide you through this challenging time, offering personalized strategies to protect your rights and secure the best possible outcome. Contact us today for a free consultation and take the first step toward reclaiming your life.

Montagna Law Defense Attorneys Prioritize Our Client’s Right to a Fair DUI Defense

At Montagna Law defense attorneys, we fight to protect your rights after you have been charged with a DUI. Our skilled attorneys have over 30 years of experience defending clients charged with first-time DUI violations. We stay informed on any changes in Virginia laws and the newest technologies.

Our Virginia DUI Defense Attorneys Have a High Client Satisfaction Rating

Not only did over 250 people leave us excellent reviews, but we have also received several awards for our work. Some of our accolades include:

Best of the Best—Top 10 Attorneys
American Association of Attorneys—Premier DUI
Martindale-Hubbell—Notable rating for Peer-Rated for Strong Ethical Standards
ThreeBestRated—Anthony Montagna, one of the top three DUI lawyers in Norfolk, VA
Better Business Bureau—A+ Rating

Why Work with Montagna Law Defense Attorney’s First-Time DUI Offense Lawyers

An experienced DUI lawyer who knows Virginia DUI laws can help with driver’s license suspensions and other DUI issues, including creating a strategy to lower the charges or get them dismissed if your situation warrants that. Our law firm can also help you get a restricted driver’s license if you cannot lower the DUI penalties due to your circumstances.

Our Results

Although each case is different and results in one case do not guarantee results in other cases, some of our favorable court cases include:

DUI and refusal: Refusal nolle prosequi (dismissed without prejudice), DUI amended to reckless driving
Client charged with DUI (drugs): Guilty of reckless driving
Client charged with DUI: Guilty of reckless driving
Client charged with DUI, refusal, and revoked operator’s license: Dismissed
Client charged with DUI and refusal: Client plead to reckless driving and refusal charge taken under advisement for one year and to be dismissed if in compliance (refusal charge dismissed)
Client, a naval officer, charged with DUI and refusal: Both charges dismissed
DUI second offense: Client guilty of DUI first offense, no active jail time
Client charged with DUI first offense and DUI second offense on same day and in front of same judge: Both charges dismissed
Client charged with DUI first offense. Client had BAC of .18, which would normally require a mandatory minimum of 5 days in jail: All jail time suspended.

Testimonials from Our Successful DUI Defense Clients

“Mr. Montagna is hands down the best at what he does, having been charged with a class 1 misdemeanor he was able to get the best possible outcome from it as well as reducing a speeding ticket down to an improper equipment charge the next day. That same day i had the chance to see from a 3rd person perspective what he is able to do in a different situation for another person and after it concluded it was safe to say that going with him WILL be ending with the best result in accordance with your own end of the bargain held up (driving certificates, community service, etc). Overall a very professional, intelligent, reputable attorney.” – Natanael T.

“Anthony Montagna represented me in an assault case in which he put forth all effort to provide the services as a lawyer that I was looking for. Mr. Montagna is very hardworking, was always on top of my case and successfully got my charges reduced. I would recommend him to anybody!!” – Cameron C.

“Mr. Anthony Montagna understood the assignment! I am so glad I retained him. He is very professional, understanding, attentive, and easy to reach. He will make sure you get the best results as possible. Thank again Mr. Anthony and Kelly for taking care of me and serving me at my best. If anybody is thinking about looking into this law firm, please look no further!” – Tiara S.

“Mr. Montagna handles my periodic traffic offenses and always gets them dismissed. Depending on the charge he has had me take a driver improvement class, which was actually enjoyable, and my charges are always dismissed. I would never use anybody else for any kind of traffic offense. The cops seem to know him and the bailiff told me one time that I had chosen a good lawyer. Highly recommended.” – Cindy W.

“I am very happy to have been represented for the second time successfully by Mr. Montana. My charges were not DUI’s, but very serious offenses. He is very passionate, confident and effective each and every time in and before court.” – Pabi.

How is “Impaired” Driving Defined by Virginia Law?

If you have a blood alcohol content (BAC) of 0.08 percent or higher, Virginia law considers it driving under the influence. However, if you are under 21 years of age, you can still be convicted of DUI with a BAC of as low as 0.02 percent.

What is a First DUI Offense in Virginia?

If you cannot pass a breath test or chemical test and you are arrested for driving under the influence of alcohol or drugs, and this is the first time you have been arrested for DUI, this is a first offense. Once arrested, you may be asked to undergo a breath or chemical test, usually at the police station. If you are convicted, it is generally categorized as a Class 1 misdemeanor.

Is a First-Time DUI Offense a Felony in Virginia?

If you are convicted of a first-time DUI, it is generally a Class 1 misdemeanor. However, it can also be a felony if there are aggravating factors.

Common Aggravating Factors in First DUI Offenses

Some of the common aggravating factors include:

A BAC of 0.15 percent or higher
A DUI resulting in an accident
A DUI accident resulting in the death of someone, or if you “hit and run”
Speeding while driving under the influence
Driving under the influence with a child in the vehicle

What Happens After a DUI Arrest?

A police officer is restraining a man in a green shirt against a car, with the officer's badge visible, in a wooded, outdoor environment. The man appears apprehensive.

When stopped for DUI, you may be asked to take a breathalyzer test and field sobriety tests. While you can deny the roadside breathalyzer test, you will face penalties if you deny the breath or chemical tests after arrest. These are usually done at the police station.

After the chemical testing, you will be booked into the system and appear before a judge for an arraignment, during which you will be informed about the charges against you and asked to enter a plea. Depending on the circumstances of your case, you might either be released or require a bond hearing. In such scenarios, it is crucial for you to contact an experienced attorney immediately. Your attorney can review your case, build a strong defense strategy for you, and possibly engage in negotiations with the prosecution. If an agreement cannot be reached, your case will end up in trial, where evidence will be presented and a verdict will be determined.

What Are the Penalties for a First-Time DUI in Virginia?

If you are convicted of DUI, you can expect the following:

A misdemeanor on your criminal record
A mandatory minimum fine of $250
Driver’s license revocation for a year
Ignition interlock device installation
Required enrollment in an Alcohol Safety Action Program (VASAP)
Five-day jail term plus an additional fine of $500 to $1,000 if you were transporting a minor

Will I Lose My Driver’s License for a First Offense DUI?

For your first DUI, you could receive a standard administrative suspension for seven days. If you are caught driving during this time, you could face more consequences, which could be civil or criminal penalties.

If you are convicted of DUI, the court will suspend your license for 12 months. You will have to petition the court to reinstate your license. Even if you decide to wait for the entire 12 months, you must still apply for reinstated driving privileges.

The requirements to reinstate your license depend on the circumstances of your case. You may have to:

Provide proof of payment of fines and court costs
Prove you completed court-ordered rehabilitation programs, including VASAP
Provide proof of insurance
Pay DMV reinstatement fees

How Likely is Jail Time for a First-Time DUI in Virginia?

Although Virginia is very strict with DUI cases, most courts do not impose the maximum penalties for the first offense. A Class 1 misdemeanor can net you a jail sentence of up to one year, along with fines. However, unless your BAC is 0.15 or higher, it is uncommon to see jail time. If your BAC is 0.15 or higher, you will see at least the mandatory minimum of five days in jail. For a BAC over 0.20, the mandatory minimum jail sentence is 10 days.

Why Should I Hire a DUI Lawyer for a First DUI Offense?

DUI cases can be complex, especially if you are dealing with two agencies—the administrative side and the court. Additionally, DUI convictions can affect you for the rest of your life. You have a chance of lowering the charge or even getting it dismissed, but you may need the knowledge of an experienced DUI attorney to navigate the court system and the administrative system and to help build a strong defense.

Facing Your First DUI Charge? Speak with a Virginia DUI Defense Attorney Today

DUIs add up over time. It is better to take care of the first DUI in the hopes that your circumstances allow you to reduce or remove the charges.

If you do find yourself charged with a DUI in Virginia, our team at Montagna Law defense attorneys can guide you through the court process. We have a strong history of finding fair treatment for our DUI clients. Call us today at 757-625-3500 or contact us online.

Frequently Asked Questions

What is an Ignition Interlock Device (IID) for DUI Charges?

An IID is a breathalyzer built into your vehicle. You must pass the breath test before it will allow you to start the vehicle.

If you have a restricted license and you receive your first DUI, the IID is required. If you have a second DUI on a non-restricted license, the IID is also mandatory.

What is the Role of BAC in a First DUI Offense?

The BAC, or blood alcohol content, tells officers whether you are considered drunk. A BAC of 0.08 means you are “legally drunk.” However, if you exhibit signs that show you are not safe to drive, you can still be arrested even if your BAC is as low as 0.02, as that is considered “driving buzzed,” especially if you are driving buzzed on a restricted or DUI-suspended license. Moreover:

If you are a minor, you can be arrested for DUI if your BAC is as low as 0.02.
If you drive a commercial vehicle, the legal limit is 0.04.
If your BAC is over 0.15, you may incur higher penalties, even for your first DUI.

What is VASAP, and How Does it Affect My DUI Case?

One of the consequences of being convicted of DUI in Virginia is attending a substance abuse program or DUI school. The Virginia Alcohol Safety Action Program (VASAP) is usually a mandatory step in reinstating your license.

In addition to coursework, the VASAP may monitor you for additional drinking or substance abuse or implement other conditions the court may order. If you fail an alcohol or drug test during the program, you will be “reclassified for treatment.”

Can a First DUI Offense be Reduced or Dismissed?

A first DUI could be reduced or dismissed if you have a valid defense. Your DUI attorney will work with you to develop a strategy for the dismissal of the DUI.

What Should I Do if I’m Charged with a First DUI in Virginia?

Soon after you are charged with DUI by a law enforcement officer, you should contact an experienced DUI attorney to help protect your rights and navigate the legal system.

What if I Was Underage at the Time of My DUI Arrest?

Regardless of a minor’s BAC, he or she may be subject to stricter penalties, including license suspension and mandatory participation in a drug and alcohol education program.

What Are My Rights if I Am Charged with a DUI?

If you are charged with DUI, you have certain rights, including:

The right to remain silent
The right to an attorney
The right to challenge evidence against you in court

Understanding your rights is imperative to creating a good defense strategy. Always remember that anything you say to the police can be used against you in court.

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.