Virginia Beach DUI Defense Attorney

A DUI charge in Virginia Beach has the potential to drastically alter your life. It can threaten your license, job, and even your freedom. The stress of court dates, fines, and potential jail time only adds to the uncertainty, and without the right legal defense, you could face harsh penalties that follow you for years, even a lifetime.

The DUI defense attorneys in our Virginia Beach law office work closely with clients to evaluate their situation and build a defense strategy aimed at reducing charges, avoiding jail time, and minimizing long-term consequences.

Why Clients Choose Randall, McClenney, Daniels & Dunn

Our defense lawyers at Randall, McClenney, Daniels & Dunn have years of experience in handling DUI cases. Our attorneys negotiate with prosecutors and present mitigating evidence, which can result in reduced charges or, in some cases, dismissal of the case.

“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.

Our advocacy gives you the legal representation you need to protect your rights. As one of our primary practice areas, our firm is equipped to handle even the most complex DUI cases in Virginia Beach. We work with each client to pursue outcomes that minimize legal consequences and protect future opportunities.

DUI-Related Legal Situations in Virginia Beach

Some of the DUI-related situations our criminal defense attorneys handle include:

• First-time DUI
• Second DUI offense
• Third DUI offense
• DUI and drugs
• Hit-and-run
• Marijuana DUI
• Boating Under the Influence BUI
• Driving after forfeiture of a license

Successful DUI Cases We Have Handled

Working with a Virginia DUI attorney gives you an informed approach and strategic options based on your case circumstances. With an experienced attorney, you gain confidence moving into your case.

Our strong commitment to our clients’ needs makes us a trustworthy choice for a DUI lawyer. Our goal is to provide strategic legal guidance to pursue the most favorable resolution available based on the facts of your case. With extensive experience in DUI law, we know how to fight back if your charges are unfair or your rights were violated. Some of the outcomes we have helped provide include:

• Getting charges fully dismissed
• Developing strong defense strategies to fight at trial for innocence
• Getting charges lowered based on errors or rights violations
• Reducing penalties so there is less impact on your life, employment, and future
• Working out plea agreements that protect your rights and keep you out of jail
• Supporting you in getting care instead of jail in situations of substance use disorder

Our firm’s knowledge of laws makes us the Virginia Beach DUI defense attorney you need by your side. We have a strong local reputation based on aggressive legal representation of our clients.

Testimonials

“Very, Very professional. Everything met expectations. I was very satisfied communication. Thanks for everything that you did.” — Lizima D.

“This Law Firm is an awesome Law Firm all they needed was a little information from me and they handle it I felt comfortable with them I felt that they could do the job and I greatly appreciate.” — Ivery M.

What Does a DUI Lawyer Do?

A Virginia Beach DUI lawyer can help in many ways, including:

• Investigating your case to craft a critical, comprehensive defense strategy
• Explaining Virginia’s DUI laws, including what to do and what not to do when being questioned or charged
• Obtaining and reviewing any evidence in the prosecution’s possession
• Creating a unique defense strategy for your DUI case
• Handling the DMV administrative side of your case
• Guiding you through the driver’s license reinstatement process if the court or DMV revoked your driving privileges

We remain by your side every step of the way. Expect us to be the DUI attorney you need, no matter your circumstances.

What is the Initial Consultation Process and Its Significance?

An initial consultation not only helps the attorney understand your circumstances, but it also allows you to make an informed decision on which attorney to choose. Before you meet your attorney, you should make notes of everything you want to ask the attorney, plus notes about your case, so you don’t forget the key points to discuss.

Be sure to bring any papers related to your case that you may have received.

During the consultation, ask the attorney how many cases similar to yours he or she has handled. Additionally, consider the following questions:

• Will the attorney personally handle your case?
• Does the attorney guarantee results? (The answer should be no.)
• What are the strengths and weaknesses of your case?
• What is the approximate timeline for your case?

The attorney will review your case and any information you have. They’ll help you make informed decisions, guide you through court, and advise you of your rights and how to protect them.

After the consultation, make sure you are comfortable with the lawyer and that the fee seems reasonable.

Virginia DUI Laws

In Virginia, a BAC of 0.08 percent or higher qualifies as ”per se” intoxication. Law enforcement may arrest a driver at or above this level regardless of visible impairment.

Under Virginia DUI laws, the following constitutes per se DUI based on blood alcohol concentration (BAC):

• The zero-tolerance BAC limit for underage drinking is 0.02 percent
• The enhanced penalty BAC limit (for aggravated DUI) is 0.15 percent
• 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

Additionally, Virginia has implied consent, which means submitting to a BAC test is mandatory if you were operating your vehicle on a public highway and have been lawfully arrested.

DUI Legal Process in Virginia Beach

The DUI process starts with a traffic stop. Law enforcement may give you a sobriety test if they suspect that you might have been drinking or driving under the influence. If you fail the sobriety tests, they may arrest you.

After a DUI arrest, you go through several steps, including:

• Arraignment
• Evidence gathering
• Pre-trial motions
• Trial

It is important that you speak to an attorney as soon as law enforcement arrests you, as your arraignment is usually the next day. At your arraignment, you will enter a plea of not guilty, guilty, or no contest. The court will also set bail. Depending on your circumstances, the prosecutor could ask for no bail or a high bail, making it more probable that you will have to wait for your trial in jail.

Your attorney will request evidence, create a defense strategy, and file any pre-trial motions needed. Finally, the court sets a trial date.

What Are the Penalties for a DUI in Virginia?

Virginia’s DUI penalties are strict and escalate with each offense.

First Offense DUI

A first-time DUI offense is a Class 1 misdemeanor. You could incur one or more of the following penalties:

• Up to 12 months in jail
• Driver’s license suspension for one year
• Fines of $250 – $2,500
• Restricted driver’s license with an Ignition Interlock Device (IID) requirement
• Completion of the Virginia Alcohol Safety Action Program (VASAP)

For a first-time offense, your attorney may be able to negotiate a reduction in charges or alternative sentencing, such as completing the VASAP.

Second Offense DUI

You may incur one or more of the following penalties for a second-time DUI offense:

• 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 your second DUI offense is within 10 years of the prior offense, you will serve a mandatory 10-day jail sentence. If it is within five years, you will serve a mandatory twenty-day jail sentence.

Third Offense DUI

A third DUI offense is a Class 6 felony and may result in:

• 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 your prior convictions are within five years, you will receive a minimum of six months in jail and forfeiture of your vehicle. The court may also deny bail. If your prior convictions occurred within the last 10 years, you will receive a mandatory minimum jail sentence of ninety days, and if you are the sole owner of the vehicle, it will be subject to forfeiture.

Aggravated DUI

An aggravated DUI occurs when your BAC exceeds 0.15 percent, you cause an accident while driving under the influence, you have a minor in the vehicle while under the influence, or you have prior convictions.

The higher your blood alcohol concentration (BAC), the more severe the penalties become. For a first DUI offense, if your BAC is between 0.15 and 0.20 percent, you face a mandatory minimum of five days in jail on top of the standard penalties. If your BAC is 0.20 percent or higher, that mandatory minimum increases to ten days in jail, plus additional consequences. On a second DUI offense, a BAC between 0.15 and 0.20 percent results in an extra ten days in jail, while a BAC over 0.20 percent adds 20 extra days in jail, all in addition to the penalties already required for a repeat offense.

Are There Defenses Against DUI Charges?

Depending on the circumstances of each case, attorneys can use various defense strategies, including challenging the legality of the stop, challenging the probable cause for arrest, challenging the intoxilyzer test, establishing that the accused was not driving, or examining improper police actions.

Tips to Avoid a DUI

You can avoid a DUI by taking one or more steps, including:

• Appointing a designated driver who does not drink any alcohol
• Using rideshare services to get to and from a place where you will be drinking
• Knowing your alcohol limits
• Understanding Virginia’s sobriety checkpoint laws

A bit of inconvenience when you want to go out for some fun is much better than dealing with a DUI arrest and potential conviction. A DUI conviction can carry long-term consequences that affect employment, insurance, and your criminal record.

Fight Your DUI Charge. Speak With One of Our Virginia Beach DUI Defense Attorneys Today.

DUI convictions can significantly affect your life, especially if you incur severe penalties, depending on your profession and whether you need to apply for credit or obtain insurance. If law enforcement arrested you for a DUI, do not take any of these charges lightly. Call 757-742-6115 or complete our contact form to speak with a DUI defense attorney at Randall, McClenney, Daniels & Dunn and explore your legal options.