Chesapeake DUI Defense Attorney

When law enforcement stops you, your heart is most likely in your throat, and when they ask you to get out and take a roadside test for DUI, you may be nervous, especially if you know you haven’t been drinking. The experienced Chesapeake DUI attorneys at Randall, McClenney, Daniels & Dunn can guide you through the court process if law enforcement arrests you.

Your Trusted Team DUI Defense Attorneys in Chesapeake

The DUI defense attorneys at Randall, McClenney, Daniels & Dunn focus on criminal defense, including DUI cases. They commit to fighting for the best possible outcome in your case. They represent clients in the Chesapeake and surrounding areas, maintaining a strong presence in the Hampton Roads community.

Why Clients Choose Randall, McClenney, Daniels & Dunn

Handling a DUI arrest yourself can lead to a less-than-favorable outcome. The DUI attorneys at Randall, McClenney, Daniels & Dunn have decades of experience handling DUI cases in Virginia.

Award-Winning Virginia Attorneys at Your Side

Our background as former prosecutors, combined with our trial experience and personalized touch, has led to several recognitions, including Martindale-Hubbell’s Gold Client Champion, a Distinguished rating from Martindale-Hubbell, and a Premium rating at Lawyer.com, as well as being listed as an accredited business with the Better Business Bureau (BBB).

Testimonials

“I had a wonderful experience with them! They were prompt, clear, and got me a better result than I was hoping for. Highly recommend their services!” – Susannah L.

“Wonderful office administration team! Attorney Carol Zacheiss is direct and very responsive to questions and concerns. She provided great counsel…thank you! I highly recommend this office.” – Shelia R.

“Attorney Daniels and his paralegal Stella were absolutely fantastic. They explained the Court process and explained what my probable outcome would be prior to me hiring them. I had questions I was able to call and get answers. Absolutely the best” – James G.

What is a DUI in Virginia?

The legal definition of drunk driving is driving with a blood alcohol concentration (BAC) of 0.08 percent or higher. However, the zero-tolerance BAC for underage drinking is 0.02 percent. You may also incur additional penalties if your BAC is 0.15 percent or higher.

What is the Difference Between a DUI and a DWI in Virginia?

Virginia law enforcement uses the terms driving under the influence (DUI) and driving while intoxicated (DWI) interchangeably.

What Should I Do After a DUI Arrest in Chesapeake?

If law enforcement arrests you for DUI, always remain calm and exercise your right to remain silent. Contact a Chesapeake DUI defense attorney as soon as possible — the sooner, the better, so your attorney can advise you on how to protect your rights and driving privileges.

Understanding Implied Consent in Virginia

In Virginia, all drivers give implied consent to blood and breath tests by operating a vehicle on public roads. If you’re arrested for DUI, police can require a breath or blood test within three hours of the stop. Refusing this test carries serious penalties: a first refusal results in a one-year license suspension; a second within ten years is a Class 1 misdemeanor with a three-year suspension, possible fines, and jail time; and a third or subsequent refusal within ten years is also a Class 1 misdemeanor, with an indefinite license suspension.

What Tests Are Used to Prove DUI in Chesapeake?

Law enforcement uses several tools to determine impairment. An experienced DUI lawyer can challenge test results in your DUI case. Tools may include:

Field Sobriety Tests

The common field sobriety tests include:

• Walk and Turn: You take nine heel-to-toe steps in a straight line, turn around on one foot, and repeat. Officers look for walking in a straight line and counting the correct number of steps.
• One-Leg Stands: Stand with one leg six inches off the ground and hold the position for 30 seconds. Swaying, hopping, or using your arms for balance are indications of impairment.
• Horizontal Gaze Nystagmus Test: Checking for involuntary jerking of your eyes.

Your health and degree of nervousness can negatively affect these tests. For example, a person with Meniere’s disease, which affects balance, may struggle to complete these tests successfully.

Preliminary Breath Test or PBT

The preliminary breath test is the “breathalyzer” test administered roadside. It is not admissible in court, but it influences the officer’s decision to make a DUI arrest.

Evidential Intoxilyzer Test

The post-arrest breath measuring test on a certified device at the police station is the “official” breath test. However, it can still record results incorrectly if the police do not follow proper procedures or the machine is not functioning properly.

Blood Test

In the event that you refuse a breath test or police suspect you of drug use, they may ask for a blood test. These tests can be intrusive and painful for some, plus processing the blood sample requires lab work. Often, law enforcement and prosecutors do not receive the results for at least several days, if not weeks. While burdensome, blood tests are sometimes the most convenient or only viable option for obtaining a sample.

What Penalties Can I Face for a DUI Conviction in Chesapeake?

DUI convictions can significantly affect your life now and in the future. Even for your first-ever DUI, you should contact experienced DUI lawyers, as subsequent DUIs have more severe penalties.

First DUI Offense in Virginia

Penalties for a first DUI offense include:

• License suspension
• Fines of $250 – $2,500
• Up to 12 months in jail
• Minimum of five days in jail with a BAC of at least 0.15
• Minimum of 10 days in jail with a BAC of at least 0.20
• VASAP
• Using an ignition interlock device

Second DUI Offense in Virginia

Penalties for a second DUI offense within five or ten years include:

• Fines of $500 – $2,500
• License revocation for three years
• Up to one year in jail
• Implementation of an IID after the state reinstates your license
• Completion of the VASAP

If this is a second DUI within 10 years, you may incur a mandatory minimum 10-day jail term. If it is within five years, you will serve a mandatory twenty-day jail sentence.

Three or More DUI Offenses in Virginia

If you receive three DUI convictions within a 10-year period, penalties can include:

• A minimum $1,000 fine
• A prison sentence of up to five years
• Mandatory and indefinite license suspension
• Forfeiture of your vehicle if you are the sole owner
• Mandatory minimum jail time based on prior convictions

If the third DUI is within five years of the last DUI, the penalty is a mandatory minimum of six months in jail.

Three DUI convictions within 10 years carry a mandatory jail term of at least 90 days.

Chesapeake DUI Lawyer Defenses to Drunk Driving Cases

Some of the DUI defenses a Chesapeake DUI lawyer may use depend on your circumstances. Defenses may include:

• Improper stop if the officer lacked reasonable suspicion
• Improperly administered field sobriety tests
• Inaccurate field sobriety test results
• Improper administration of the portable breathalyzer test
• Inaccurate results from the portable breathalyzer test
• Improper administration or loss of chain of custody for blood tests
• A BAC below the legal limit but increased after you stopped driving
• Affirmative defenses, including necessity, duress, entrapment, mistake of fact, and involuntary intoxication

Can a DUI Charge Be Reduced or Dismissed in Chesapeake?

Yes, if your attorney successfully argues a defense, the court may reduce the charges or dismiss them altogether.

How Can a Chesapeake DUI Lawyer Help Me?

A Chesapeake law firm with experience handling DUI charges can provide legal guidance, help protect your rights, and pursue the best possible outcome for you. Defense lawyers can also evaluate evidence, negotiate with the Commonwealth, and help maintain your driving privileges.

The Strategic Advantages of Experience

Your attorney’s experience translates into strategic advantages in court, such as familiarity with local judges and law enforcement, which can be crucial in DUI defense cases.

Fight Your DUI With a Trusted Defense Attorney in Chesapeake, VA

DUI convictions can significantly affect the quality of your life, especially if you incur severe penalties. If law enforcement arrested you for a DUI, do not take any of these charges lightly. Contact an experienced DUI attorney at Randall, McClenney, Daniels & Dunn by calling 757-742-6115 or completing our online contact form.