First DUI Offense Attorney in Virginia

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 200 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?

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.