DUI

Newport News DUI Attorney

Driving Under the Influence Laws in Virginia

The official term in Virginia for a DUI is “driving while intoxicated,” or DWI. However the terms DUI and DWI are used interchangeably even within Virginia statute § 18.2-266.

You can be arrested for driving under the influence if:

  • Your blood alcohol concentration (BAC) measures .08 percent or above as an adult.
    • For those under 21, your BAC must not exceed .02 percent
  • You are in physical control of the vehicle while intoxicated even if you aren’t driving it (behind the wheel with the keys in the ignition)
  • You are under the influence of alcohol and/or drugs as witnessed by law enforcement (regardless of your BAC level)
  • Your blood measures .01 milligrams or above of methamphetamine
  • Your blood measures .02 milligrams or above of cocaine
  • Your blood measures .02 milligrams or above of PCP

An arrest does not automatically mean a conviction. Many defenses strategies exist for DUI charges, and an experienced defense lawyer can make a difference in whether you walk away with a mark on your permanent criminal record or not.

You may be anxious about how the charge can affect:

  • Your finances
  • Your job
  • Your driving privileges
  • Your insurance rates
  • Your criminal record

Call us at (757) 663-4477 or contact us online to schedule a consultation and learn more about how we can help you navigate your DUI case with confidence.

Understanding the DUI Process in Virginia

Navigating the complexities of a DUI charge can be overwhelming. At Ehrenworth Law, PLLC, we believe that knowledge is power. Understanding the DUI process in Virginia can help alleviate some of the anxiety you may be feeling. Here’s a brief overview of what to expect:

  • Initial Arrest: After a DUI arrest, you will receive a citation and may be taken to the police station for processing. It’s important to remain calm and cooperative during this phase.
  • License Suspension: Virginia has strict laws regarding license suspension following a DUI arrest. Depending on the circumstances, your license may be suspended immediately, and you will need to act quickly to protect your driving privileges.
  • Preliminary Hearing: This is an opportunity for your attorney to challenge the evidence against you. It’s crucial to have skilled legal representation to navigate this stage effectively.
  • Trial or Plea Bargaining: Depending on the evidence and circumstances of your case, you may choose to go to trial or negotiate a plea deal. Our experienced attorneys will guide you through this decision-making process.

By understanding the DUI process, you can make informed decisions about your defense strategy. At Ehrenworth Law, PLLC, we are committed to standing by your side every step of the way. 

What Can A DUI Lawyer Do? 

A DUI (Driving Under the Influence) lawyer is a legal professional specializing in defending individuals charged with DUI offenses. These attorneys possess the knowledge, skills, and experience necessary to provide their clients with effective legal representation throughout the legal process.

Here are some of the specific things that a DUI lawyer can do for their clients:

  1. Explain the Law: A DUI lawyer can explain the laws surrounding DUI charges, including the potential consequences and penalties a defendant may face.
  2. Investigate the Case: A DUI lawyer will thoroughly investigate the case, examining all the evidence to determine the strengths and weaknesses of the prosecution's case.
  3. Protect Your Rights: A DUI lawyer will protect your constitutional rights throughout the legal process.
  4. Negotiate with the Prosecution: A DUI lawyer can negotiate with the prosecution to try and get charges reduced or dismissed or negotiate for lesser sentences or plea bargains.
  5. Provide Legal Advice: A DUI lawyer will provide legal advice and guidance throughout the legal process, answering questions and providing support.
  6. Represent You in Court: A DUI lawyer will represent you in court, presenting evidence and arguing to obtain the best possible outcome for your case.
  7. Help with Administrative Issues: A DUI lawyer can also help with any administrative issues related to a DUI charge, such as driver's license suspension or reinstatement.

A DUI lawyer can provide invaluable legal assistance and support to individuals facing DUI charges, helping them navigate the complex legal system and obtain the best possible outcome for their case.

At Ehrenworth Law, PLLC you can work with a former prosecutor who has deep experience on both sides of courtroom. Let our Newport News DUI defense lawyer help you fight for your rights!

Contact our Newport News DUI attorney today at (757) 663-4477 to discuss your case. Also serving the Hampton Roads Area. 

 

Virginia DUI Penalties

A DUI offense is A Class 1 misdemeanor punishable by up to $2.5k in fines, a year in jail, &/or a year license suspension. If a minor was in the vehicle, or the driver has a BAC of over .15 the min sentence is up to 10 days in jail.

If a death/injury occurs as a result of the DUI or if the driver has previous convictions within the last 10 years the charges will most likely be considered a felony.

Second Offense: If convicted, the charge is punishable by:

  • A minimum of $500 in fines
  • Up to 1-year of jail time
  • A 3-year license suspension
  • Mandatory alcohol safety classes
  • Installation of an ignition interlock device (IID)

Third Offense: Charged as a Class 6 felony. If convicted, the charge is punishable by:

  • A minimum of $1,000 in fines
  • Up to 5-years of jail time
  • An indefinite license suspension
  • Mandatory alcohol safety classes
  • Installation of an ignition interlock device (IID)

Exceptional Legal Representation at Ehrenworth Law, PLLC

To increase your chances for a favorable result, you should have an attorney in your corner who is highly knowledgeable and experienced in the handling of all of the technical and scientific as well as legal aspects of a DUI. Attorney Ehrenworth has more than 24 years of experience in criminal law and understands the strategies prosecutors use in seeking a conviction, giving our firm a unique edge in building your defense.

Commonly Asked Questions

What is the legal blood alcohol concentration limit in Newport News, Virginia?

In Newport News, Virginia, the legal blood alcohol concentration (BAC) limit for adults is .08 percent. For individuals under the age of 21, the BAC limit is .02 percent. Driving with a BAC at or above these limits can result in a DUI charge, and it's important to seek legal representation to understand your rights and potential defenses.

How can a DUI charge affect my life in Newport News?

A DUI charge in Newport News can have significant impacts on various aspects of your life, including financial penalties, job security, driving privileges, insurance rates, and your criminal record. It's essential to have a skilled attorney who can defend your rights and work towards minimizing these consequences.

What are some defense strategies for DUI charges in Virginia?

Defense strategies for DUI charges in Virginia can include challenging the accuracy of BAC testing, questioning the legality of the traffic stop, and presenting evidence that may contradict the prosecution's case. An attorney with experience in DUI defense can evaluate your case and employ the most effective strategy for your situation.

What should I do if I am pulled over for suspected DUI?

If you are pulled over, remain calm and respectful. Follow the officer's instructions, provide your driver's license and registration, and avoid admitting to drinking. You have the right to remain silent; it's advisable to wait until you can consult with a lawyer before answering questions.

Can I refuse a breathalyzer test in Virginia?

Yes, you can refuse a breathalyzer test, but Virginia has an implied consent law. Refusing can result in an automatic license suspension for one year, and the refusal can also be used against you in court.

How long does a DUI charge stay on my record in Virginia?

In Virginia, a DUI charge remains on your criminal record for life. However, after five years, you may be eligible to have it expunged if you meet certain criteria, such as having no other convictions during that period.

What alternatives are available if I lose my driving privileges due to a DUI?

If you lose your driving privileges, you may be able to apply for a restricted license that allows you to drive to work, school, or for medical appointments. Additionally, you can explore rideshare services, public transportation, or carpooling with friends or family.

Learn more about how our DUI Lawyer in Newport News can help. Contact us today at (757) 663-4477 to schedule your free case review.

Learn More About How We Can Help You