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How Can a DUI Lawyer Help You in Virginia?

Writer: Zoek Web Design
Zoek Web Design
Jan 27, 2022
2 min read

Updated: Sep 26

A Virginia DUI charge can involve alcohol, drugs, or both. The governing statute is Virginia Code § 18.2-266. A defense lawyer can review the stop, the evidence, and the possible consequences, then explain the options for your particular case.

1. Explain your rights and help you prepare

An attorney can advise you about speaking with investigators, court appearances, and whether testifying would help or hurt your defense. The right approach depends on the facts; no one should assume that a particular statement or tactic is appropriate in every case.

2. Review the charge and the local process

A lawyer familiar with Virginia DUI cases can explain the charge, the court schedule, and the evidence the Commonwealth must prove. Local experience can help with preparation, but it does not guarantee a result.

3. Identify evidence and meet deadlines

Counsel can examine the traffic stop, reports, video, and breath or blood testing when applicable. Requests for records and court filings may have deadlines, so prompt review can matter.

4. Discuss defenses and possible resolutions

After reviewing the evidence, an attorney can discuss available defenses and whether a negotiated resolution is appropriate. The prosecutor and court make their own decisions; a lawyer cannot promise dismissal, a reduced charge, or a particular sentence.

5. Assess record relief only if the case qualifies

A DUI conviction is different from a charge that ends in an acquittal or dismissal. Under Virginia Code § 19.2-392.2, a person whose charge is acquitted or dismissed, including by nolle prosequi, may be able to petition for expungement of the related police and court records. Eligibility and the court's decision depend on the facts and the law in effect. Do not assume that a dismissed charge disappears automatically or that a conviction can be expunged under this provision.

If you are facing a DUI or DWI charge in Coastal Virginia, contact our defense team to discuss your specific situation.

 
 
 

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