Defense DUI Attorney Virginia Beach | Coastal Virginia Law Firm

Have you been arrested for a Virginia DUI/DWI? Coastal Virginia Law Firm can help your case.

Virginia DUI defense lawyers help you win your case without the stress

Driving under the influence of drugs or alcohol (also known as DUI or DWI) is one of the most serious violations of Virginia Beach traffic law. The result of a DUI isn’t always just paying ticket fines and court costs; you can be charged with a criminal offense which can lead to losing your license and spending days in a prison cell! The consequence of drunk driving not only affects your ability to drive in Virginia but also to enter foreign countries. So before you hop in your car while intoxicated, be sure to keep all of these drunk driving consequences in mind. If you find yourself charged with drunk driving crimes, contact Virginia Beach DUI lawyers for help with your defense case.

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What You Need To Know About Defense DUI Attorney Virginia Beach | Coastal Virginia Law Firm

  • What To Do On Your Way To Court

    • Most VA courthouses are separated into Juvenile and Domestic Relations Courts, General District Courts, and Circuit Courts.
    • Some courthouses will also contain the local area Commonwealth’s Attorneys’ Office and may contain some local area Bar Association Offices
    • Most Misdemeanor DWI or DUI Charges are heard in the General District Courts
    • If you have been charged with a Felony DUI or DWI then your case will be heard in the Circuit Court.
    • Most courthouses will not let you bring in your cell phone so leave it in the car. Some courthouses have lockers which you can pay to store your phone during your drunk driving case, but you will need to have change with you.

  • Here Are The Addresses Of Some Local Virginia Beach Courthouses

    Virginia Beach Courts

    Chesapeake Courts

    Norfolk Courts

    • Norfolk Juvenile & Domestic Relations Court is located separately from Norfolk General District Court and Norfolk Circuit Court, however, a new law building was just built for the Norfolk Courthouses and all will be held in the same building in the near future.
    • Norfolk Juvenile & Domestic Relations Court is located at 800 East City Hall Avenue, Norfolk, Virginia 23510
    • Norfolk General District Court and Norfolk Circuit Court is located at 150 St Paul’s Blvd, Norfolk, Virginia 23510

  • Primary Statutes for DUI Convictions and Reckless Driving in Virginia

    The main drunk driving code is the Virginia Code Section 18.2-266 , titled “Driving motor vehicle, engine, etc., while intoxicated, etc.” which reads:

    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-methylenedioxymethamphetamine 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 VA Commonwealth.

    Essentially, this means that there is a presumption of intoxication once your blood alcohol concentration reaches 0.08%. But, based on your specific DUI circumstances, we can push back on those numbers, stating that someone can be found effectively driving intoxicated at below the 0.08% level and not intoxicated at all even if you’re above 0.08%. If you are caught driving while intoxicated, you can be charged with a criminal offense and will benefit from having a defense attorney represent your case in court.

  • What Are The Elements?

    The prosecuting criminal DUI lawyer has two ways to secure a conviction for a DWI or DUI case in VA:

    • They must be able to prove that the individual had a blood alcohol concentration of 0.08% or higher while driving.
    • They must be able to prove that the vehicle was being operated under the influence of drugs, alcohol, or any other combination.

     

    An officer can arrest you for DUI if your BAC is at or over the following while driving:

    • 21 years old and above: 0.08 percent
    • Younger than 21 years of age: 0.02 percent
    • Commercial drivers: 0.04 percent

  • Brook Thibault is a Top Rated DUI Attorney

    Our DUI defense lawyers have helped thousands of clients win their cases. Your case could be next by calling for a free consultation for one of our Virginia DUI lawyers.

    We’ve helped thousands of clients win their cases. Your case could be next by calling for a free consultation with one of DUI defense attorneys.

    Free Consultation 888-402-7117

We’ve helped thousands of clients win their cases. Your case could be next by calling for a free consultation.

Free Consultation 888-402-7117

You don’t have to deal with your DUI charges alone!

Facing a DUI charge can be a tense time. Be smart and take immediate action when you get a Virginia Beach DUI. A DUI is also very technical, and it takes more than just an accusation to obtain a criminal conviction. Understanding DUI law can be challenging but our DUI attorney is here to help. Trust The Coastal Virginia Law Firm to stand with you through your criminal charges. Our team is experienced and knowledgeable in this field, so we’ll guarantee that your criminal case is in good hands. Our DUI lawyers will protect your rights and privileges, and we’ll keep on defending you with compassion and professionalism throughout your DUI defense case.

Got a ticket for a Virginia DUI or DWI and not sure what to do from here?

Secure yourself a dogged courtroom Virginia DUI lawyer with dedicated representation from us! Our Virginia Beach defense lawyers will make sure that your case has the best outcome possible. Call our lawyers today at 888-402-7117 for more information.

Defend Your Driving Rights with a DUI Lawyer

Virginia Beach has some of the harshest DUI laws in the United States! If you’ve been arrested for DUI or DWI, you can face very serious penalties and criminal charges. Get local and professional legal help from The Coastal Virginia Law Firm.

What Happens If You Are Convicted of a DUI

  • DUI First Offense and DUI Second Offense are misdemeanors, and you can be charged with up to a year in jail and up to a $2500 fine.
  • DUI Third Offense and any offense thereafter is a felony DUI charge punishable up to 5 years in the Virginia State Penitentiary.
  • For misdemeanor and felony DUI, you can be eligible for a restricted driver’s license, provided you are compliant with certain statutory conditions outlined in law.
  • Regardless of any jail time, or the status of your suspended license or restricted license, you will be required to attend the Chesapeake Bay ASAP Program (Alcohol Safety Action Program) and have an Ignition Interlock System (breathalyzer for your car) placed on your vehicle. Both the Chesapeake Bay ASAP Program and the Ignition Interlock System will be at your expense.

What Is The Difference Between DUI and DWI?

  • Both DUI and DWI are abbreviations
  • DUI stands for Driving Under the Influence
  • DWI stands for Driving While Intoxicated
  • Virginia uses the DUI acronym
  • Some jurisdictions use DUI and others use DWI, but the difference is in the state code itself
  • There is no difference in Virginia between DUI and DWI

Our Virginia Beach DUI Attorney Team Is Here To Help

Don’t hesitate to call a Virginia DUI lawyer as soon as you’ve been charged with DUI! An arrest for DUI can lead to court appearances, and it is important that you have an attorney to represent your rights in the confusing confines of a courtroom. You’ll be faced with fines, restitution, license suspension, and even the potential loss of your driving privileges, vehicle, or jail time if you get convicted! Contact our Virginia Beach law firm to get your DUI defense under way!

What Is An “Operating A Vehicle” DUI Conviction?

Virginia law states that anyone who is driving or “operating” a vehicle while under the influence of drugs or alcohol may be charged under the state’s “driving while intoxicated” laws. This means that even if you are not actually driving the vehicle or the vehicle is not in motion, you may still be charged under the law and receive DUI convictions. 

Virginia Beach law considers anyone in the driver’s seat with the keys in the ignition to be in actual physical control of the vehicle. This generally happens in cases where someone is intoxicated and has decided to sleep in their car with the keys in the ignition, perhaps to keep the air conditioning, heater, or radio running. 

Additionally, if you are found intoxicated by the police, but are not in your car or in control at the time the police find you, you could still be charged under the law if the police can prove you were driving the car within the previous three hours. This typically occurs in cases where an accident has occurred and the driver has fled the scene and is later located by the police. If you have questions regarding your charge and the law, contact a Virginia Beach DUI lawyer.

What Happens To My Car If I’m Arrested For Driving While Intoxicated in Virginia?

If you are arrested for a DUI in the State of Virginia, your car will most likely be towed to a tow company lot where you will have to pay fees associated with the towing and storage of the vehicle in order to reclaim it. In certain instances, it is possible that the car could be turned over to another driver who is not intoxicated, in the case of a spouse or friend who is in the vehicle with the person who is arrested.

Furthermore, when arresting a criminal suspect the police have a right to search the vehicle for contraband including weapons, drugs, alcohol, or any additional items that may be seized and used as evidence in the case. 

Is Jail Time Mandatory For DUI a Virginia DUI?

While law stipulates that a person who is convicted of a first offense DUI may be sentenced to up to twelve months in jail, in practice most people aren’t charged with jail time with a conviction. Penalties for a DUI charge will vary based on the severity of your crimes. Most people convicted of DUI on a first offense are sentenced to probation, a fine, license suspension (though a restricted license for work can often be obtained), and a Virginia Alcohol Safety Action Program course. A qualified criminal defense attorney or DUI/DWI lawyer can advocate on your behalf to have the criminal charge reduced if possible, or there are mitigating factors. 

That being said, if there are aggravating factors even for a first driving offense, it is possible for someone convicted sentenced to jail time. Aggravating factors are things such as a very high blood alcohol content, excessive speeding, driving while intoxicated and committing a violent crime, or an accident in which injuries to other parties have occurred. 

For offenses past the first driving offense, you may be charged with mandatory jail time starting at 10 days and increasing from there based on the seriousness of the intoxication or aggravating factors. 

For additional help regarding your case, contact our Virginia Beach firm today. Our law firm supports each client through their criminal charges and reduce their penalties as much as possible.

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Norris Coburn

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