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Brook M Thibault, Ranked on a 2017 Top DWI Attorneys List
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DUI/DWI

Top Rated DUI Lawyer Protecting you from DWI and DUI Charges

Trust Your Local and Experienced DUI/DWI Defense Lawyer

Experienced DUI Lawyer. Beating DUI Charges Since the Invention of Police Cars

Driving under the influence of drugs or alcohol is one of the most serious traffic offences. The result of this isn’t always just paying fines and court costs; it can lead to losing your license and days in a prison cell! The consequence of drunk driving not only focuses on your ability to drive, but also to enter foreign countries. So before you hop in your car while intoxicated, be sure to keep all of these in mind.

Facing a DUI charge can be a tense time. Be smart and take immediate action when this happens. Trust the Coastal Virginia Law Firm of Brook M. Thibault & Associates P.C. of Virginia Beach, Virginia to stand with you through this tough time. Our team is experienced and very knowledgeable in this field so we’ll guarantee that your case is in good hands. We’ll protect your rights and privileges and we’ll keep on defending you with compassion and professionalism every step of the way. 

Got a ticket and not sure what to do from here? Secure yourself with dedicated and firm representation from us! We’ll make sure that your case is determined and handled the best way possible. Call us today at 757-226-7680 for more information.

What To Do On Your Way To Court For Your DWI DUI Charge

  • Most 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 DUI Charges are heard in the General District Courts
  • If you have been charged with a Felony DUI 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, but you will need to have change with you.

Here Are The Addresses Of Some Local Area Courthouse

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 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

Defend Your Rights When Charged With DUI Or DWI

Virginia 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. Get local and professional legal help from The Coastal Virginia Law Firm of Brook M. Thibault & Associates P.C. 

Primary Statutes Related To Drunk Driving

The main drunk driving code in Virginia 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 Commonwealth.

Essentially, this means that there is a presumption of intoxication once your blood alcohol concentration reaches 0.08%. But, based on your specific circumstances, we can push back on those numbers, stating that someone can be found effectively intoxicated at below the 0.08% level and not intoxicated at all even if you're above 0.08%. 

What Happens If You Are Convicted Of A DUI?

  • DUI First Offense and DUI Second Offense are misdemeanor charges punishable 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 DUI and felony DUI, you can be eligible for a restricted driver's license, provided you are compliant with certain statutory conditions.
  • 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
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What Are The Elements Of A DUI Offense?

The prosecutor has two ways to secure a conviction for DWI and DUI cases in Virginia:
  • They must be able to prove that the individual had a blood alcohol concentration of 0.08% or higher.
  • They must be able to prove that the vehicle was being operated under the influence of drugs, alcohol, or any other combination.
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What Are The Legal Limits On DUI?

An officer can arrest you for DUI if your BAC is at or over the following:
  • 21 years old and above: 0.08 percent
  • Younger than 21 years of age: 0.02 percent
  • Commercial drivers: 0.04 percent
Don't hesitate to call us as soon as you've been charged! 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 loss of your vehicle or jail time! Contact our team to get your DUI defense under way!
Recognized as a Top Attorney by Super Lawyers and the American Institute of DUI/DWI Attorneys
Stop by The Coastal Virginia Law Firm of Brook M. Thibault & Associates P.C. today to request a FREE consultation regarding DUI and DWI cases!

 4176 South Plaza Trail Suite #127
Virginia Beach, VA 23452
Dealing with your 2nd, 3rd, or Fourth DUI offense? Learn more about Virginia's "enhancements" for subsequent DUIs!
DUI Repeat Offenses
Brook M Thibault, Ranked on a 2017 Top DWI Attorneys List
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