Experienced Virginia DUI / DWI Defense Lawyer

Facing a DUI charge can be one of the most stressful and overwhelming experiences of your life. The fear of losing your license, incurring hefty fines, and facing a possible jail sentence can leave you feeling anxious and uncertain about your future.

The consequences of a DUI conviction reach well beyond the courtroom. It can affect your job, personal relationships, and reputation. You might also be struggling with the emotional fallout of the situation, all while trying to navigate the complex legal system. Given how much is at stake, it’s essential to have someone who understands the intricacies of Virginia DUI law to advocate for your rights.

Our experienced Virginia DUI defense attorneys are dedicated to helping you fight back against these charges and protect your future. We will work tirelessly to build a strong defense tailored to your unique situation, guiding you through every step of the legal process. Contact us today and take the first step toward reclaiming your peace of mind.

Defending People Charged With DUI Throughout Virginia

A DUI can drastically impact your life, job, and family. Montagna Law defense attorneys are committed to defending people charged with DUI to get the best potential outcome. We serve the entire Hampton Roads area, including Norfolk, Virginia Beach, Newport News, Suffolk, and Hampton.

Virginia DUI Laws

Driving under the influence (DUI) in the Commonwealth of Virginia is a serious criminal offense (Class 1 misdemeanor) that comes with strict penalties if convicted. Under Virginia’s legal code, the legal blood alcohol content (BAC) limit is set at 0.08% for drivers aged 21 and over. The penalties for DUI offenses vary based on the number of prior offenses and the driver’s BAC at the time of arrest.

What is the Presumption of Guilt in Virginia DUI Cases?

In Virginia, the presumption of guilt in DUI cases is primarily based on the driver’s blood alcohol concentration (BAC). If a driver’s BAC is 0.08% or higher, there is a rebuttable presumption of intoxication, meaning the prosecution can assume guilt, but defendants can present evidence to contest this.

For BAC levels between 0.05% and 0.08%, no legal presumption of intoxication exists; the burden is on the prosecution to prove impairment. A BAC of 0.05% or lower generally presumes sobriety.

A significant court ruling in 2007 clarified that this presumption is more of an inference, allowing defendants greater opportunity to challenge their charges and reinforcing the principle of presumed innocence until proven guilty.

What Are the Consequences of a DUI Conviction in Virginia?

After a police officer pulls you over, being subjected to a breath or blood test to measure your blood alcohol content can be an overwhelming experience. Below are the consequences of driving under the influence in Virginia. If you are charged with a DUI it’s crucial to consult a skilled Virginia DUI attorney without delay. Our law firm handles all types of DUI offenses.

First-Time DUI Offense

• Fines: $250 to $2,500
• Jail time: Up to one year; mandatory minimum of five days if BAC is 0.15% or higher
• License Suspension: 12 months
• Ignition interlock device: Required for at least six months
• Criminal record: Permanent record of conviction
• Rehabilitation program: Mandatory participation in the Alcohol Safety Action Program (VASAP)

Second DUI Offense (Within Five Years)

• Fines: Minimum of $500; maximum of $2,500
• Jail time: Mandatory minimum of 10 days; up to one year (20 days if BAC is 0.15% or higher)
• License suspension: Three years; eligible for a restricted license after one year
• Ignition interlock device: Required for six months to three years

Third DUI Offense (Within 10 Years)

• Classification: Class 6 felony
• Fines: Minimum of $1,000; maximum of $2,500
• Jail time: Mandatory minimum of 90 days; up to five years possible
• License suspension: Indefinite revocation; may petition for reinstatement after five years
• Vehicle forfeiture: Required if the driver is the sole owner

Fourth or Subsequent DUI Offense

• Classification: Felony
• Jail time: Mandatory minimum of one year
• Other penalties include substantial fines and potential vehicle forfeiture.

It’s also important to note that all convictions result in a permanent criminal record, and participation in a Virginia Alcohol Safety Action Program (VASAP) is mandatory for all DUI offenders.

What If I Refused a Breath or Blood Test?

If you refuse a breath or blood test in Virginia during a DUI arrest, this carries significant penalties under the state’s Implied Consent Law. Additionally, refusal to submit to a breath or blood test can be used as evidence against an individual in court if they are charged with DUI.

It is important to understand that while refusing these tests does not automatically result in a DUI conviction, it does lead to severe penalties regarding their driving privileges and potential criminal charges. Here are the key consequences:

First Refusal

• License suspension: 12 months, with no option for a restricted license during this period.
• Civil offense: Treated as a civil violation, similar to a traffic ticket.

Second Refusal (Within 10 Years)

• License suspension: Three years, with no option for a restricted license.
• Classification: Becomes a Class 1 misdemeanor.
• Potential penalties: Up to one year in jail and fines up to $2,500.

Third or Subsequent Refusal (Within 10 Years)

• License suspension: Three years, with no option for a restricted license.
• Classification: Class 1 misdemeanor.
• Potential penalties: Up to one year in jail and fines up to $2,500.

What to Do If You Get a DUI Charge in Virginia

Being charged with a Virginia DUI is frightening, and you might not know what to do next. Generally speaking, take these steps:

• Stay calm and compliant during the arrest and cooperate with law enforcement to avoid complicating the case.
• Contact an experienced DUI attorney to obtain legal representation as soon as possible. An attorney can guide the legal process, including plea options and potential defenses.
• Record details of the arrest by writing down everything you can remember, including the location, reason for the stop, time, interactions with police officers, and any field sobriety tests conducted. These details may be crucial for your defense.
• Attend the scheduled arraignment hearing, where you will learn about the charges against you. It is advisable to consult with your attorney before entering a plea.
• Understand the process by familiarizing yourself with the stages of the DUI court process, including pre-trial motions and negotiations, trial proceedings, and potential sentencing outcomes.
• Prepare for sentencing if you are convicted by being aware of potential DUI penalties such as fines, license suspension, mandatory alcohol education programs, probation, or incarceration.
• Explore post-conviction options by having a conversation with your attorney, including filing an appeal or seeking alternative sentencing.

How Can a Virginia DUI Defense Attorney Help Reduce My Charges?

A Virginia DUI defense attorney can significantly assist in reducing DUI charges through various strategies:

• Case evaluation: An experienced attorney will thoroughly analyze the specifics of the DUI arrest, including the legality of the traffic stop, the accuracy of breathalyzer tests, and the administration of field sobriety tests. This evaluation helps identify any weaknesses in the prosecution’s case.
• Negotiation for lesser charges: Skilled attorneys can negotiate with prosecutors to reduce DUI charges to lesser offenses, such as reckless driving charges. These alternatives typically carry less severe penalties and can help avoid the long-term consequences of a DUI conviction.
• Challenging evidence: A defense attorney can challenge the evidence presented by the prosecution, such as questioning the reliability of BAC results or demonstrating improper police procedures during the arrest.
• Plea bargaining: Attorneys often engage in plea negotiations to secure reduced penalties or alternative sentencing options, especially if the defendant has no prior criminal history or if mitigating factors are present.
• Representation in court: If the case goes to trial, a defense attorney will represent the individual, presenting a strong defense and advocating for their rights throughout the legal process.

How Do I Choose the Right DUI Defense Attorney in Virginia?

If you are facing DUI charges, choosing the right Virginia defense attorney is crucial for achieving a favorable outcome. Key factors you should consider include:

• Niche: Seek out attorneys who focus specifically on DUI cases and possess a strong track record of success in Virginia. This ensures they are well-versed in state laws and court procedures and fully understand field sobriety tests, police radar, and breath test machines.
• Experience and reputation: Research each attorney’s experience, success rate, and client reviews. A reputable attorney will have positive testimonials from their clients, along with a history of handling cases similar to yours.
• Local knowledge: An attorney familiar with the local court system, judges, and prosecutors can leverage this knowledge to your advantage, potentially influencing the outcome of your case.
• Initial consultation: Schedule consultations with potential attorneys to discuss your case. This is an opportunity to assess their communication style, responsiveness, and whether you feel comfortable working with them.
• Fees and payment options: Ask attorneys upfront about their fee structures. Ensure you understand the total cost of representation and inquire about payment plans if needed.
• Professional affiliations: Consider attorneys who are members of organizations like the National College for DUI Defense or the DUI Defense Lawyers Association, as this indicates a commitment to staying updated on DUI laws and defense strategies.

Ultimately, choose an attorney you feel confident in and comfortable with in obtaining legal advice from, as this relationship will be vital throughout the legal process.

Why Work With Montagna Law Defense Attorneys

Montagna Law defense attorneys have been providing DUI defensive services since 1993. Clients often select our Virginia DUI attorneys for legal representation because they know we offer client-first services, along with compassion. To date, we have defended more than 4,500 reckless driving, DUI, and traffic cases.

If you’re looking for someone to be in your corner and be a strong advocate, call our law firm today at 757-625-3500. The attorney-client relationship is very important to us, and we want to help. Our criminal defense lawyers are tough, experienced, caring, and will provide transparency throughout the duration of your case.

Testimonials

“I have nothing but great things to say about Mr. Montagna. I was in a bad situation with a reckless driving ticket and was going to lose my jobs if convicted. Mr. Montagna went above and beyond to defend me during my hearing. Without a doubt his knowledge, expertise, and approach to my case in the courtroom that day is the only reason I still have my two jobs. For that I cannot thank him enough. He is the best at what he does and I highly recommend him to everyone that needs legal help. He not only carries himself with the highest regard to professionalism but also truly cares for his clients.” – AC.

“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.” – NT.

Let Us Defend You Against a DUI Charge

Getting pulled over and charged with DUI is a scary situation. If convicted of a DUI in Virginia, this can leave long-lasting repercussions for your life, including your job, reputation, finances, and relationships. Virginia laws are tough on DUIs, and motorists face the possibility of a driver’s license suspension, which can further complicate their lives.

Having strong legal representation by your side in a DWI case can make a huge difference. Whether this is your first offense for being under the influence of alcohol or having had previous arrests, the knowledgeable and skilled Virginia DUI lawyers at Montagna Law defense attorneys are here to help you navigate the legal process.

To schedule a consultation, contact our law firm at 757-625-3500 or, if you prefer, fill out our convenient online contact form.