The Ultimate Guide to Facing DUI Charges: Everything You Need to Succeed with Our Local Team
- brookthibault
- Apr 12
- 5 min read
Getting pulled over on Atlantic Avenue or Shore Drive after a few drinks is a nightmare scenario that thousands of Virginians face every year. One minute you’re enjoying a night out in Virginia Beach, and the next, you’re watching blue lights flash in your rearview mirror. If you’re reading this, you might be feeling overwhelmed, anxious, or even a little angry.
At Coastal Virginia Law, we want you to take a deep breath. A DUI charge is a serious hurdle, but it is not the end of the road. With the right legal team behind you, it’s a challenge you can navigate. We’ve built our reputation on being the go-to firm for DUI and DWI defense in Virginia Beach because we don’t just "handle" cases: we litigate them.
Why a DUI Charge Isn't a Done Deal
The biggest mistake people make after a DUI arrest is assuming the battle is already lost. You might think, "The breathalyzer said I was over the limit, so why bother fighting?"
Here’s the truth: the evidence against you is rarely as "open and shut" as the prosecution wants you to believe. From the moment the officer decided to pull you over to the calibration of the breathalyzer machine, there are dozens of technical and legal requirements the police must follow perfectly. If they slip up, it could mean the difference between a conviction and a dismissal.
Understanding the Virginia Landscape
Virginia is known for having some of the toughest DUI laws in the country. A conviction can result in mandatory jail time (especially if your BAC was .15 or higher), heavy fines, a suspended driver's license, and the mandatory installation of an Ignition Interlock Device (IID). Beyond the legal penalties, there’s the impact on your job, your reputation, and your family life.
Immediate Steps: What You Need to Do Right Now
If you were recently arrested, your clock is already ticking. While the "10-day DMV rule" is common in other states like California, Virginia has its own specific administrative hurdles.
Protect Your License: In Virginia, if you’re charged with a DUI, your license is typically suspended administratively for seven days immediately upon arrest (for a first offense). We can help you understand how to petition for a restricted license so you can keep getting to work.
Document the Experience: Write down every detail you remember. What did the officer say? Did they ask you to step out of the car immediately? Were you standing on uneven pavement during the field sobriety tests? These details are gold for your defense.
Secure Counsel: Don't wait for your first court date. The earlier we get involved, the more time we have to file motions for discovery and preserve evidence like dashcam or bodycam footage.
The Power of Local Expertise
Why does it matter that we’re a local Virginia Beach firm? Because the legal system isn't just about books; it’s about people.
When you hire the team at Coastal Virginia Law, you’re getting a team that knows the Virginia Beach General District Court inside and out. We know the local prosecutors, the judges, and the specific ways the local police department operates. This "home court advantage" allows us to anticipate the prosecution’s moves and craft a strategy that resonates in our local courtrooms.
How We Challenge the Evidence
Our approach to DUI and DWI charges is aggressive. We don’t just look for a plea deal; we look for a way to win. Here are some of the strategies we use to protect our clients:
1. Challenging the Initial Stop
The police cannot pull you over just because they have a "hunch." They must have "reasonable suspicion" that a crime or traffic violation has occurred. If the officer stopped you without a valid legal reason, every piece of evidence they gathered after that: including your BAC results: could be suppressed and thrown out of court.
2. Questioning Field Sobriety Tests (FSTs)
The "walk and turn" or "one-leg stand" tests are designed for you to fail. They are highly subjective and can be influenced by your shoes, the weather, your physical health, or even just nerves. We challenge the officer’s training and the way these tests were administered.
3. Attacking the Breathalyzer Results
The machines used to measure blood alcohol content (BAC) are not infallible. They require regular maintenance and calibration. We look into the logs of the specific machine used in your case. If the machine wasn't maintained according to state standards, the results shouldn't be used against you.
4. Procedural Errors
From the "implied consent" rights to the timing of the chemical test, there are strict procedures the Commonwealth must follow. If they missed a step, we’ll find it.
Myth-Busting: Common DUI Misconceptions
It’s easy to get discouraged by things you hear from friends or see on TV. Let’s clear a few things up:
Myth: "I failed the breath test, so I have to plead guilty."
Myth: "I don't need a lawyer for a first offense."
Myth: "A DUI is the same as a traffic ticket."
Empowering You to Take Control
A DUI charge can make you feel like your life is spiraling out of control. Our goal is to hand that control back to you. We believe in transparency and communication. When you work with us, you’ll never be in the dark about your case status. We offer payment plans to ensure that top-tier legal defense is accessible when you need it most.
Whether you're dealing with a first-time charge or a more complex felony DUI, we have the experience to litigate and win. We also handle related matters like expungement and appeals, ensuring that we are your partners for the long haul.
Frequently Asked Questions
What happens if I refused the breath test?
In Virginia, "implied consent" laws mean that by driving on our roads, you’ve already agreed to a chemical test if arrested for a DUI. Refusing can lead to an automatic one-year license suspension with no chance of a restricted license. However, there are still ways to defend these cases, and we can help you navigate the refusal charge alongside the DUI.
Can a DUI affect my child custody case?
Potentially. If you are in the middle of a child custody dispute, a DUI conviction can be used by the other parent to argue that you are an "unfit" or "unstable" environment for the child. This is why it’s critical to have a firm like ours that understands both criminal law and family law.
Will I go to jail?
It depends on your BAC and your prior record. For a first offense with a BAC below .15, jail time is often suspended. However, if your BAC is .15 to .20, there is a mandatory five-day jail sentence. Above .20, it’s a mandatory ten days. Our job is to fight to get those charges reduced to avoid mandatory minimums.
Your Next Steps with Coastal Virginia Law
Facing a DUI is exhausting, but you don't have to do it alone. At Coastal Virginia Law, Brook Thibault and our entire team are dedicated to providing a professional, aggressive defense with the casual, accessible tone that makes our clients feel like family.
We’ve seen the inside of more Virginia Beach courtrooms than we can count, and we know exactly what it takes to get a favorable outcome. Don’t leave your freedom to chance.
Here is what you can do right now:
Stop talking to the police or investigators.
Stay off social media regarding the incident.
Contact us for a consultation to review your case.
You can handle this. We can help. Let’s get to work on your defense today.
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