Virginia DUI Lawyer
Virginia DUI Law
Driving under the influence of alcohol or drugs is illegal in the state of Virginia. Because it is illegal, driving under the influence means you can be charged with a criminal offense and face serious penalties that can include jail time, fines, and the loss of your driver’s license. All of these consequences can seriously impact your life and make it difficult for you to keep your job and meet all your other obligations. This can make your life very difficult, especially when you lose your freedom or your ability to get where you need to go. Hiring a Virginia DUI attorney will not guarantee a victory in your DUI case, but it may give you an advantage. A Virginia DUI attorney is a specially trained attorney with experience and skill in defending DUI defendants. If you want the best chance of winning your case, a Virginia DUI lawyer is the only way to go.
Virginia DUI Offenses and Prosecution
Being arrested for a DUI offense in Virginia will result in two separate cases being brought against you. One will be the criminal case where you will face criminal charges and severe penalties if convicted. This case can be frustrating and concerning because being convicted means you will have a criminal record and could face jail time and other severe penalties. The second case is an administrative proceeding in which the Commonwealth of Virginia will attempt to suspend your driving privileges for a specified period of time. Not having driving privileges will make your life very difficult, especially if you live in an area where you do not have access to trains, buses, or other forms of transportation. You may have to depend on others to get you where you need to go. Hiring an experienced Virginia DUI attorney can help you maintain your driving privileges and defend against DUI charges in your criminal case.
There are two ways a person can be prosecuted for driving while intoxicated in the Commonwealth of Virginia. One of these forms is based on the deterioration of the driver after consuming alcohol. With this type of prosecution, the case is based on the fact that the driver is too impaired to operate a motor vehicle. Driving habits, unsuccessful field sobriety tests, the defendant’s physical appearance, and the defendant’s smell of alcohol may all be taken into consideration in this type of DUI case. The prosecutor does not have to prove any particular blood alcohol concentration level. The second type of DUI case is based on chemical evidence, not the habits or behavior of the driver. In this type of DUI case, the defendant had a blood alcohol concentration level above the legal limit of 0.08%. It is not relevant in this type of case whether the defendant was actually incapacitated. The prosecutor simply has to prove that the legal blood alcohol level was exceeded. Both types of cases have serious legal and administrative consequences, so it is important that you contact a Virginia DUI attorney immediately so that you have someone to guide you through the legal system and advocate for you both in court and in court. any administrative procedure.
Criminal Penalties for DUI in Virginia
Penalties for driving under the influence in Virginia can include jail time, fines, and other penalties. These penalties increase with each crime for which you have been convicted in the past. For a first offense, he will face up to a year in jail and a one-year license suspension. There are mandatory minimum jail sentences for offenders with blood alcohol concentration levels of 0.15% or higher. A second DUI offense will result in a minimum prison sentence of 20 days and license revocation for three years. Penalties are increased for violators with extreme BAC levels. If your license is suspended or revoked, you may be able to obtain a restricted license. This restricted license will allow you to drive to medical appointments, work, school, and other necessary places. Some judges will make him wait 30 days before he is eligible for a restricted license. This means that he will not be able to drive during the first 30 days of his license suspension period. If the judge makes him wait 30 days, his lawyer can file a motion to be allowed to take 7 days off his period of suspension to reflect the time he served on the administrative suspension given to him by the state licensing agency.
Importance of a Virginia DUI Lawyer
Having a Virginia DUI attorney on your team will not guarantee that you will successfully defend against DUI charges. There are many variables involved in a DUI case, so guaranteeing a successful outcome would be unethical. However, hiring a Virginia DUI lawyer may give you a better chance of a successful outcome. DUI is a specialized area of the law and attorneys who specialize in DUI have the necessary skills and knowledge to defend you against these charges. An experienced Virginia DUI attorney may have access to expert witnesses or extensive knowledge of chemical evidence that can help you during your criminal case. If your attorney can find information or a witness that may cast any doubt on the validity of a chemical test or the test procedures used, you can use this to your advantage. A knowledgeable Virginia DUI lawyer can also help you when it comes time to try to save your driving privileges in the administrative case against you. If you have a Virginia DUI lawyer, he or she will be knowledgeable about these types of hearings and will know what type of information to focus on when trying to save your license privileges.
