For any person who faces a drunk driving charge in this state, it is important to understand that the Commonwealth of Virginia takes a very firm stance on all DUI-related charges. They know what great danger an intoxicated driver may pose to a community and to themselves, which is a main reason why these laws have been enacted and prosecuted so toughly.
If you have found yourself to be facing a DUI charge involving a subsequent or multiple DUI arrest, underage DUI or a DUI car accident, it is very important that you immediately talk to a skilled Virginia Beach criminal defense lawyer to discuss the charges at hand and the possible strategies to immediately employ.
Felony drunk driving charges begin the same way that any other DUI arrest would – with an initial police stop. The police will pull over the suspected drunk driver, with probable cause per the Fourth Amendment, and will request that the driver exits the vehicle and performs a series of tests.
Referred to as field sobriety tests, the driver may be asked to complete this test in addition to providing a breath or blood sample for further evidence. Once the officer believes that he or she has the evidence necessary to prove that you were in fact intoxicated and behind the wheel, you will be arrested on the spot. Your vehicle is likely to be impounded, or towed at your expense if you have been involved in an accident. As a second, third, or fourth time offender, it is excruciatingly important to obtain the legal help you need at a time such as this.
Once you have been arrested for felony DUI, you will be given 10 days to contact the DMV to set up a hearing with an Administrative Law Judge, or ALJ, who has been assigned to your case.
The ALJ will review the evidence provided by the officer from the scene of the DUI accident or arrest, such as:
Whether your charges are felony or misdemeanor, it is absolutely vital to speak with a skilled Virginia Beach DUI defense attorney right away.
Some of the offenses that lead to felony drunk driving charges and convictions include the third or fourth offense of DUI and vehicular manslaughter. With some of the toughest drunk driving and drugged driving laws in the nation, you will require the help of an attorney if you believe that you may be facing felony charges for your drunk driving arrest.
Our founding attorney served as a police officer for 15 years, so he understands the types of evidence that could be brought against you.