Virginia Beach DUI Defense Attorney for Drunk Driving Charges

Understanding DUI Charges in Virginia Beach & Nearby Areas

Driving under the influence of alcohol or drugs (DUI) is a serious crime in the Commonwealth of Virginia, with severe penalties. Beyond the criminal consequences, you will be classified as a high-risk driver, leading to substantially higher auto insurance premiums.

With over 15 years as a police officer, attorney Jerrell Johnson possesses extensive experience in DUI case procedures. 

As a DUI lawyer, he is also experienced in the various ways to challenge a DUI case, even if you failed the breath, blood or field sobriety tests, which are notoriously subject to errors.

Charged with DUI? Contact Us Now!
Don't face DUI charges alone—our experienced attorney can help. Call (757) 447-0080 or contact us today for a consultation!

Penalties for First-Time DUI Offenders in Virginia Beach

If you have been charged with a DUI in Virginia Beach for the first time, you could face the following penalties:

• Up to one year in jail
• Up to $2,500 in fines
• A mandatory alcohol education class
• A mandatory one-year driver’s license suspension
• Mandatory jail time for certain blood alcohol levels
• Ignition Interlock requirement in certain cases

First-time offenders often underestimate the impact a DUI can have on their lives. Beyond immediate penalties, a DUI conviction can affect future employment opportunities, personal relationships, and community standing. It's essential for first-time offenders to seek legal counsel promptly to explore potential defenses or plea agreements that might mitigate these repercussions.

Types of DUI Charges You May Encounter in Virginia

• How Are Multiple DUI Charges Handled in Virginia?
  If you have been arrested for your second, third, or fourth drunk driving charge, the prosecution will likely view you as a danger to society and yourself, pushing for enhanced penalties for this offense. 
• Fighting Out-of-State DUI Charges: Key Challenges
  Drunk driving charges acquired out-of-state by a Virginia resident can be extremely serious, especially if the other state requires a driver to be penalized both in the state where the DUI was acquired and in the state of residency.
• Consequences of Underage DUI in Virginia
  Those under the age of 21 face serious consequences when caught driving under the influence of alcohol or drugs. Even for a first-time offender, Virginia’s strict policies regarding underage drinking and driving can result in severe penalties. 
• Understanding the Implications of Felony DUI Charges
  Felony drunk driving charges are typically brought when there are multiple DUI arrests and convictions or in cases involving vehicular manslaughter. Depending on your case, you may face lifelong penalties for these charges.
• Field Sobriety Tests: Essential Information
  Field sobriety tests are used by police officers to assess a driver’s sobriety. These tests may include the walk and turn test, one leg stand test, or the horizontal gaze nystagmus test. While these tests should accompany breath or blood tests, they can be used as evidence in a DUI case.

If you want to learn more about these topics, you can find more information here:

• Multiple DUI
• Out of State DUI
• Underage DUI
• Felony DUI
• Field Sobriety Tests

Understanding Virginia DUI Laws & the Legal Process

Being charged with a DUI in Virginia can be overwhelming, especially if it’s your first offense. Understanding the legal process can help you prepare for what’s ahead.

Overview of DUI Laws in Virginia

Virginia has strict DUI laws that impose severe penalties for driving under the influence of alcohol or drugs. You can be charged with a DUI if:

• Your blood alcohol concentration (BAC) is 0.08% or higher (for drivers 21 and older).
• Your BAC is 0.02% or higher if you are under 21 (zero-tolerance policy).
• You show signs of impairment, even if your BAC is below 0.08%.
• You are under the influence of drugs (prescription or illegal) that impair your ability to drive.

What Happens After a DUI Arrest?

After a DUI arrest, you will typically go through the following steps:

1. Booking & Processing – Your fingerprints and photo are taken.
2. Administrative License Suspension – Your license is automatically suspended if you refuse a breath test or have a high BAC.
3. Arraignment – Your first court appearance where you are formally charged.
4. Pre-Trial Motions & Plea Bargaining – Your attorney may negotiate or file motions to challenge evidence.
5. Trial or Sentencing – If no plea deal is reached, your case will go to trial, and a judge will determine your guilt and sentencing.

The legal process following a DUI arrest can be intricate and demands a thorough understanding of judicial procedures in Virginia Beach. Having a seasoned attorney helps in evaluating the strength of evidence, exploring plea options, and potentially reducing charges. Each phase from administrative hearings to the possibility of mandatory ignition interlocks is unique and requires informed navigation.

DUI & Your Driver’s License

One of the most immediate consequences of a DUI is the suspension of your driver's license.

How a DUI Affects Your Driving Privileges

• First offense – 1-year license suspension
• Second offense – 3-year suspension
• Third offense – Indefinite revocation

Recovering driving privileges post-DUI is not only about the suspension duration but also involves potential restrictions and compliance with conditions such as the installation of an Ignition Interlock Device (IID). It’s crucial to understand these conditions and plan accordingly to minimize disruptions in personal and professional life.

How to Get a Restricted License

If your license is suspended, you may qualify for a restricted driver’s license to drive to work, school, or medical appointments. To obtain one, you must:

• Petition the court.
• Install an Ignition Interlock Device (IID) if required.
• Complete an alcohol education program.

Securing a restricted license requires meticulous preparation and timely submission of documents. It’s essential to begin this process early with the help of a legal advisor familiar with the nuances of the Virginia Beach court system to avoid delays and ensure compliance with all mandatory criteria.

DMV Hearings vs. Court Cases

• DMV hearings focus only on your driving privileges and whether your license should remain suspended.
• Court cases determine whether you are guilty of a DUI and what criminal penalties you will face.

DUI & Its Impact on Your Criminal Record

A DUI conviction is more than just a traffic offense—it becomes a part of your permanent criminal record, affecting many aspects of your life.

Consequences of a DUI on Your Record

• Employment Challenges – Many employers conduct background checks, and a DUI can make it harder to get a job.
• Higher Auto Insurance Rates – A DUI classifies you as a high-risk driver, leading to significantly higher insurance premiums.
• Housing Difficulties – Some landlords may deny rental applications due to a DUI conviction.
• Professional Licensing Issues – If you hold a professional license (nursing, law, teaching, etc.), a DUI may trigger disciplinary actions or even revocation.

Can a DUI Be Removed from Your Record?

• In Virginia, a DUI cannot be expunged unless the charge is dismissed or you are found not guilty.
• However, an attorney can help explore options to mitigate the consequences of your conviction.

Additional Consequences of DUI in Virginia Beach

While the immediate impacts of a DUI conviction are severe, there are numerous long-term consequences that extend well beyond the courtroom. Financial burdens can increase significantly due to fines, attorney fees, and higher insurance premiums. Furthermore, if you rely on your vehicle for employment, losing your driver's license can lead to job loss or reduced income.

The stigma of a DUI conviction can also affect personal relationships and opportunities. A DUI mark on your criminal record can hinder your ability to secure housing or even volunteer for community programs in Virginia Beach. At JRLaw, PLC, we focus not only on reducing the immediate penalties but also on advising clients about the broader impacts of these charges and how to mitigate long-term consequences.

Our Approach to Drunk Driving Defense in Virginia Beach

At JRLaw, PLC, we understand that each DUI case is unique, requiring a tailored approach. We combine our extensive knowledge of Virginia's legal system with strategic defenses aimed at challenging evidence and testing procedures. Our former law enforcement background provides us with unique insights, allowing us to anticipate prosecution strategies and better defend our clients.

We prioritize open communication and compassionate support throughout the process, ensuring that clients fully understand their rights and options. Our goal is to minimize the disruption that a DUI charge can bring to your life, advocating tirelessly for the best possible outcome in your case.

Frequently Asked Questions (FAQ) About DUI in Virginia Beach

Can I be charged with a DUI if I wasn’t actually driving?

• Yes. In Virginia, you can be charged with a DUI while sitting in a parked car if the officer believes you were in "actual physical control" of the vehicle while impaired. Factors like whether the engine was running, where you were sitting, and if the keys were in the ignition can influence the charge.

Understanding this possibility is critical, as many may assume that refraining from driving completely absolves them of risk. Awareness and legal counsel can help navigate these complex charges and potentially provide valid defenses based on case specifics.

What should I do if I’m pulled over for suspected DUI?

• Stay calm and be polite to the officer.
• Provide your license, registration, and insurance when asked.
• You do not have to answer questions about drinking or where you were coming from.
• You can refuse field sobriety tests (walk-and-turn, one-leg stand, etc.), but refusing a breath or blood test after arrest may result in a license suspension.

Remaining composed and knowing your rights during a traffic stop can significantly influence the outcome of the encounter and subsequent legal proceedings.

Will I lose my job if I’m convicted of DUI?

• It depends on your employer and job type. A DUI can be particularly problematic if you hold a commercial driver’s license (CDL), work in government positions, or have a job that requires a clean background check. Some employers may terminate employees for DUI convictions, while others may not.

Some organizations have strict policies concerning DUI offenses, and it's crucial to understand your employment contract or talk to your HR department to grasp the full implications.

How long does a DUI stay on my record in Virginia?

• A DUI conviction stays on your criminal record permanently in Virginia and cannot be expunged. It also remains on your driving record for 11 years, affecting your insurance rates.

What’s the difference between a DUI & a DWI in Virginia?

• In Virginia, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are used interchangeably and carry the same penalties. The terms refer to operating a vehicle under the influence of alcohol, drugs, or a combination of both.

What should I expect at my first court appearance for a DUI?

• Your first court appearance for a DUI in Virginia, called an arraignment, involves the formal announcement of the charges against you. You may be asked to enter a plea of guilty, not guilty, or no contest. It is crucial to have legal representation at this stage to ensure that your rights are protected and to begin forming a defense. The court will also discuss your bail conditions, if applicable.

Are there alternative penalties for a DUI conviction in Virginia Beach?

• While jail time and fines are common DUI penalties, certain circumstances might allow for alternative sentences. These can involve community service, house arrest, or enrolling in a substance abuse treatment program. Such alternatives usually depend on the specifics of the case and the offender's history. A knowledgeable attorney from JRLaw, PLC can help determine whether alternative sentencing is a viable option in your case.

Can I refuse a breathalyzer test in Virginia?

• You can refuse a preliminary breath test (PBT) at the scene without penalty. However, if you refuse the official breath or blood test after arrest, you may face an automatic one-year license suspension for a first refusal and additional penalties for repeat refusals.

Knowing your rights regarding breathalyzer tests helps in making informed decisions during encounters with law enforcement.

Will I have to install an ignition interlock device (IID) after a DUI?

• Yes, if you are convicted, Virginia requires an IID for at least six months for a restricted license. This device prevents your car from starting if alcohol is detected in your breath.

Contact Our Virginia Beach DUI Attorney for Assistance

If you have been accused of a drunk driving charge or would like more information on the topic, reach out to our Virginia Beach DUI defense lawyer today for help. As a former police officer with decades of experience living in the local area and working on both sides of the law, he is more than equipped to take on your case.

Protect Your Future – Contact Us Today!
A DUI conviction can have serious consequences. Let us fight for you. Call (757) 447-0080 or contact us to get started!