DUI Defense in Suffolk, VA
Key Takeaways
- Drivers charged with DUI in Suffolk, Virginia may face severe penalties involving fines, license suspension, and jail time.
- If you fail to submit to a breathalyzer when police officers reasonably request it, your license could be immediately suspended.
- Building a strong DUI defense strategy takes experience from a local attorney with a solid reputation.
- Randall & Bruch, PC offers those facing these charges the legal guidance and support they need to fully protect their rights and minimize adverse outcomes as much as possible.
A person charged with driving under the influence may face various challenges. Questions about what the DUI charges will mean for your future, such as if you will be able to maintain your license and how a DUI conviction could impact your family, might be racing through your mind.
Working with a Virginia DUI Attorney gives you the insight you need to build a strong DUI defense. Your Suffolk DUI defense lawyer will be able to clarify all of the legal strategies available to you. At Randall & Bruch, PC, our defense lawyers become your advocate, fighting for your rights.
DUI in Suffolk, Virginia: Understanding the Basics
Driving under the influence (DUI) and driving while intoxicated (DWI) are terms often used interchangeably, but a DWI does not exist in Virginia. Instead, Virginia DUI laws state:
- DUI Per se: This type of DUI violation indicates the driver meets the legal requirements based on a bodily fluids test, such as blood or breath test. In this case, you have an illegal level of blood alcohol, but you may not exhibit signs of impairment.
- DUI: A person with substances in their body that directly impair their ability to drive safely but do not necessarily meet defined statutory limits set forth for a per se DUI.
Under Virginia DUI laws, the following constitutes per se DUI based on blood alcohol concentration (BAC):
- BAC of 0.08%
- BAC of 0.02% and under the age of 21
- BAC of 0.1 milligram or more of methamphetamine per liter of blood
- BAC of 0.02 milligrams or more of cocaine per liter of blood
- BAC of .02 milligrams or more of phencyclidine (PCP) per liter of blood
In these situations, a driver will likely be charged with a DUI offense, which means you could face serious fines, suspension of your license, and potential jail time if convicted. Working with an experienced Suffolk, Virginia DUI defense attorney may minimize that risk.
Types of DUI Cases We Defend in Suffolk, VA
Having your blood alcohol content measured by a breath test or a blood test is a terrifying experience. In these situations, discussing your case with an experienced Virginia DUI attorney as soon as possible is imperative. Our attorneys handle all types of DUI cases, including:
- First-time DUI offenses: Those facing a first-time DUI charge may face maximum penalties of license suspension, a mandatory minimum $250 fine, VASAP, and using an ignition interlock device.
- Second-time DUI offenses: If you are charged with a second DUI offense within 10 years, you could face added mandatory jail time, up to 12 months, loss of your license for up to three years, and additional restrictions, including using ignition interlock devices.
- Third-time DUI offenses: In situations where you are charged with a third DUI within a five or 10-year period, you can expect added mandatory jail time and mandatory, indefinite driver’s license revocation.
- Felony DUI charges: A felony DUI charge, such as felony drunk driving, could result in amplified penalties, including prison time.
- Driving under the influence of drugs: DUID is a serious charge that carries the risk of jail time, a mandatory fine, and license suspension.
Randall & Bruch provides exceptional legal guidance to those facing these or other potential charges. Driving under the influence of alcohol is a crime. We cannot erase that, but we can create a strong criminal defense strategy capable of potentially winning your case, reducing the charges, or working out a plea agreement that could lessen the potential implications for your future.
Implied Consent to Blood and Breath Tests
One core area to understand in Virginia DUI cases is implied consent to blood and breath tests. All drivers in the state provide implied consent to field sobriety tests just by using a public highway in the Commonwealth. If an officer requests a blood or breath test within a three-hour window after an arrest for DUI, drivers must consent.
If a law enforcement officer arrests a person on suspicion of DUI, that officer can require the driver to submit to a breath test or can they request a blood test. Refusal to consent carries additional risks to drivers, and there are escalating penalties for subsequent offenses:
- A first refusal is a civil violation that carries a one-year suspension of your driver’s license.
- A second refusal within ten years is a Class 1 misdemeanor. This penalty includes a three-year suspension of your driver’s license, possible fines, and jail time.
- A third or subsequent refusal within ten years is a Class 1 misdemeanor, punishable by an indefinite license suspension.
Choose Randall & Bruch in Suffolk, Virginia
As a law firm dedicated to our clients, Randall & Bruch has fought for the rights of many people charged with motor vehicle incidents. Our goal is always to achieve the most favorable outcome.
Seek out a consultation with our legal team. Establishing a client relationship with us means you gain an advocate ready to fight for you. We serve clients in and around the areas of Suffolk, Virginia Beach, Norfolk, Southeastern Virginia, Hopewell, Emporia, and Brunswick with exceptional legal insight.
Our Attorneys Can Help Build a Defense for Your DUI Charges
When law enforcement pulls you over for probable cause of DUI, seek out an attorney who can help you. At Randall & Bruch, we offer comprehensive legal guidance to our clients, including building strong legal defense strategies. Our firm has multiple former cops and prosecutors, some of whom specialized in DUI’s while with law enforcement, so we know how to beat or reduce your DUI charges. Call us now at (757) 742-6115 or fill out our contact form for guidance.
Frequently Asked Questions
DUI law is complex, and without the help of a criminal lawyer, you face the consequences on your own. Even a first offense can result in serious consequences. An attorney can potentially help in several ways:
- Help you understand your rights under the law.
- Determine all potential DUI defense strategies that may apply in your situation.
- Obtain any evidence that may help build your defense claim.
- Negotiate a plea agreement that is fair to you.
- Retain expert witnesses to assist your attorney in securing a not guilty finding at trial.
- Potentially reduce your jail sentence.
You have the right to seek out the help of an attorney upon being arrested for DUI. We encourage you to do so in every situation.
A felony charge for a DUI in Virginia applies in:
- Third DUI charge within the previous 10 years
- Driving under the influence and causing an accident that creates serious injury or death to another person
- A DUI, outside of ten years, but after previously having been convicted of felony DUI
A driver facing a misdemeanor DUI conviction may appeal that decision if made in the General District Court. It is possible to appeal that ruling within 10 days to the Circuit Court. This process gives you a second chance to plead your case de novo, which essentially means from scratch.
As a criminal offense, DUI is a serious charge carrying significant penalties, including potential driver’s license suspension and, in some situations, revocation of your license. Whether you lose your license depends on your situation.
If you refuse a blood alcohol content test, you could face an administrative license suspension, even if you are acquitted of a DUI.
If you are convicted, the following driver’s license suspensions apply:
- First DUI: 12 months, though you may be eligible for a restricted license with approval from the court, which will allow you to drive to work, school, or medical appointments. An ignition interlock device is required no matter what; the length of which is dependent on the type of restricted license approved by the court.
- Second DUI: Three years, and you may be eligible for a restricted license after four months (if the offense is within five to ten years of the first), but an ignition interlock device is mandatory.
- Third DUI: Your driver’s license will be suspended indefinitely, though drivers may petition the court to have it reinstated after five years.
Jail penalties depend on the situation. Mandatory jail time does not occur until a driver has a BAC over .15 on a first offense. You will also face jail time if you are charged with additional crimes, such as reckless driving.
If you are arrested for DUI and convicted, you may be facing several penalties, including:
- Fines from $250 to $2500
- Up to one year in jail
- Seven-day administrative license suspension upon arrest
- Ignition interlock device requirement
- 12-month license suspension by the court
- Mandatory enrollment in VASAP
Visit Our Office
Suffolk, VA 23434
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.
