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Act Promptly To Protect Your Record After A Virginia DUI Arrest

police office with DUI Breathalyzer

If you have just been in an accident and have recently consumed any alcohol or drugs at all, call an experienced DUI defense attorney immediately.

Regardless of the circumstances, there is no time to waste if you have been arrested – or may be arrested – on suspicion of driving under the influence of alcohol or drugs (DUI). Call our team at Randall & Bruch, PC at 757-742-6115 to request immediate legal counsel in the Southampton, Emporia, Brunswick, and Suffolk areas.

Beware Additional Legal Hazards Of A DUI Case

You likely know that “drunk driving is illegal” in Virginia and elsewhere. But did you know that there are other alleged offenses that often go along with DUI charges? Examples include the following:

  • Driving with an open container in the car
  • Driving with a child in the car (potential charge of felony child neglect)
  • Refusing to take a breath test
  • Driving when your driver’s license has been suspended because of a previous DUI
  • Being charged with a second or third DUI
  • Failing to fulfill terms of a deferred or probated previous DUI arrest, such as using an interlock device or undergoing alcohol abuse treatment

Even someone not in the car may be charged or sued with a civil claim in a DUI case for the following reasons:

  • Providing alcohol to a minor
  • Serving alcohol to a bar or restaurant customer who was obviously intoxicated

In Case Of A DUI Conviction

If you refused a breath or blood test at the time of a traffic stop or if you were arrested for an alleged DUI, your driver’s license was likely confiscated. You have five days to schedule an administrative hearing to try to recover it while your criminal case is pending.

Then, if your criminal case results in a conviction, you may be facing one or more of these penalty scenarios:

  • For a first-time DUI with blood alcohol content (BAC) of at least 0.08: fines of $250-$2,500, up to 12 months in jail and a one-year driver’s license suspension (and a minimum of five days in jail with a BAC of at least .15)
  • For a second or third DUI: fines of $500-$2,500, a jail sentence of 10 days to 12 months, and a three-year driver’s license suspension

How Can A Virginia DUI Attorney Help You With Your Case?

One of the most important things you can do after a DUI is enlisting a knowledgeable defense lawyer. A good lawyer can take steps to protect your driver’s license, gather evidence, challenge the prosecution, and advocate for your rights at all stages of the proceedings. Without a lawyer, you could end up making missteps that may cost you your rights or freedom. Having a skilled attorney vastly increases your chances of getting a favorable outcome.

What Happens If You Have A Virginia License But Get A DUI Out Of State?

Virginia law takes a harsh stance on DUIs and their impact on your driving privileges. Even if you get arrested out of state, you can still expect to face driver’s license suspension or revocation proceedings here in Virginia. It’s important to work with a Virginia lawyer to address that aspect of the DUI, which is separate from the out-of-state criminal proceedings.

You may still qualify for a restricted driver’s license in Virginia. We can determine if you’re eligible and help you pursue any avenues for keeping your driving privileges.

What To Know About DUI Sobriety Checkpoints In Virginia

Sobriety checkpoints are legal in Virginia, so long as they’re conducted in accordance with the law. Police can’t profile you on account of your race, ethnicity or appearance. They must either stop every vehicle or conduct stops according to a predetermined pattern. And remember: Field sobriety tests and preliminary breath tests are voluntary — you cannot be forced to complete them.

Get Trustworthy Legal Advice As Soon As Possible

The scenarios and penalties described may not include all relevant facts in your DUI and/or traffic violation case.

Protect your future. Contact an experienced Virginia DUI defense attorney right away. Call 757-742-6115 or complete an online form to schedule a free initial consultation now. We have primary office locations in Southampton, Emporia, Brunswick, and Suffolk.

jack t randall

Written By Jack T. Randall


As lifelong resident of Western Tidewater, Jack Randall is a local attorney who wants the best results for his clients. He is an experienced and aggressive attorney with focus on family law, criminal and traffic law, as well as personal injury law cases.