Chesapeake DUI Attorney
A DUI is unlike any other traffic offense. Its penalties go beyond simply breaking the established rules of the road. Driving while intoxicated is a serious crime by itself, even when the driver appears to have complete control of the car.
Furthermore, a DUI’s penalties far outweigh those of other traffic violations. It can result in incarceration, but it can also restrict your life in many other ways. The state can remove your right to drive, and it can even confiscate your property.
If you’ve been accused of a DUI in Chesapeake, you need an attorney who can stand up and fight for your rights. DUI charges are often legitimate, but the police also have broad authority in a DUI arrest, often leading to false accusations.
The Law Offices of Daniel J. Miller is here for you. Our attorneys have years of experience in criminal defense, and we’ve helped many clients overcome their DUI allegations. If you need help, call our team today at (757) 267-4949.
Compounding Charges and Penalties for DUI Arrests
In Virginia, DUI charges and penalties grow more severe with multiple offenses. The state wants alleged offenders to learn from their mistakes and make better decisions, so it becomes more strict when it believes someone is not following the rules.
First DUI Offense in Virginia
First-time DUI offenders can be charged with a Class 1 misdemeanor. This can carry jail sentences of up to 1 year with fines as high as $2,500. The alleged will also be charged a $250 mandatory fine, regardless of whether the court demands more money.
People often disregard misdemeanors as “no big deal.” Doing so is a mistake. These crimes still appear on your record, often with direct references to your charge. Potential employers can see a DUI conviction and make assumptions about your character. If you’ve been arrested for even the most minor of DUI crimes, you should get our firm to help.
Second DUI Offense in Virginia
As the accused acquires more DUI allegations, their penalties increase. The time between offenses is vast, as well. A second offense is comprised of two allegations within 5 years.
If you are convicted twice in that timespan, the crime is still classified as a Class 1 misdemeanor, but the penalties are higher. You will spend a mandatory 20 days in jail and pay a mandatory fine of $1,000.
If your accusation happens within 10 years of your first, that is also considered a second offense. Once again, it will be recorded as a Class 1 misdemeanor. This crime is punished less harshly than a second offense in five years, but it is still more severe than a first offense. A guilty verdict comes with a mandatory 10-day jail sentence and a mandatory $500 fine.
Three or More DUI Offenses in Virginia
Just like a second offense, penalties for a third DUI in the state vary based on the lapse of time.
A third DUI arrest within years 5 years becomes a Class 6 felony, the most minor felony in Virginia. Offenders will face a mandatory 6-month jail sentence, which could be elevated up to 5 years in prison. Convicts will also pay a mandatory $1,000 fine which could go as high as $2,500.
A third DUI arrest within 10 years is also a Class 6 felony with smaller penalties. If convicted, you will spend a minimum of 90 days in jail with the potential of spending up to 5 years in prison. Fines are the same as those of a 5-year arrest: $1,000 minimum fine that could go up to $2,500.
DUI Manslaughter Allegations in Virginia
If an alleged DUI ends in someone’s death, the penalties are quite severe. It becomes a manslaughter charge.
In Virginia, manslaughter is already a serious crime, categorized as a Class 5 felony. Offenders can face up to 10 years in prison and fines as high as $2,000.
Those penalties can quickly rise, however, based on the facts in the case. If the court determines that someone’s actions were wanton, demonstrating a disregard for others’ safety, and grossly negligent, it can elevate the punishments. DUI manslaughter cases often fall into this standard. Guilty verdicts can lead to prison sentences of up to 20 years.
Read Our Client Testimonials
At The Law Offices of Daniel J. Miller, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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I hired Mr. Miller initially for a bond hearing . I decided to retain his services for the case itself . I was facing two felony charges as well as a failure to appear charge . While there were witnesses that were able to identify me, I walked out of Virginia Beach Courthouse with only a misdemeanor thanks to Mr. Miller's representation . I work in the healthcare profession and expressed to Mr. Miller the importance of avoiding a felony charge and he made it happen. I am forever grateful and will highly recommend him . Mr. Miller will always represent myself as well as family members if need be in the future . Again thank you Mr. Miller for using your knowledge to keep me from being a convicted felon and also saving my career.- C. Dickens
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Mr Miller you're the man I appreciate advising me what to get for my case and getting my reckless driving ticket reduced. Would highly recommend you to anyone if asked for help.- J. J
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Mr. Miller and his team are a class act and helped me get out of situation I should of never been in. Mr. Miller is down to earth and listens to what you have to say. His team was very helpful with emailing me all the information I needed and keeping me up- M. Wilder
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I had to use their services three times in the past 20 years. I was completely satisfied with each time I was represented. They were professional and their communication with me was nothing less then stella. Their results was worth the price.- K. Young
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Mr. Miller is an OG he's definitely earned my respect, if I ever need an attorney again he'll be my first call.- A. Miller
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Great service excellent information, affordable price and kind staff who do their best to help you understand your situation- M. Bags
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Thank you so much for representing my son. I appreciate how calm and reassuring Mr. Miller was. Although I was nervous about everything he always remained calm, and gave me the facts as he seen them. In a situation like that I feel that is the type of Lawyer you want in your defense. Thanks so much again- C. Harris
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Very professional representation, Mr. Blair was very knowledgeable, prepared and friendly. On the off chance I ever need representation again, I will call this office.- Bob A
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it’s a crazy experience having a lawyer but he looked out and made my case easier W firm for making sure i knew everything and W lawyer for making sure i took care of what made the case go smoothly- A. Britton
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Thank you so much Mr Miller, I appreciate everything you done for me. Your staff is excellent and the communication your staff provide is extraordinary. You were always available when needed. Wish y’all nothing but SUCCESS!- B. Gardner
A Track Record of Success
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Protective Order
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Pre Litigation Defense – Rape
Our client was the respondent of a protective order wherein the petitioner alleged that she was raped. She sought a two-year protective order and was seeking to have detectives assist in securing warrants against him. We suspect that the admissions made on cross-examination by the alleged victim at the hearing will prevent the Commonwealth from bringing any charges.
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Driving Under the Influence 4th Offense– Bond Hearing
Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.
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Violation of Protective Order – Appeal
Our client was under a protective order to have no hostile contact with his family. The Commonwealth alleged that based upon several text exchanges that he had threatened his teenage children. Without the assistance of counsel, he received 90 days of active incarceration in lower Court. On appeal we were able to reduce his confinement to 24 hours – time served.
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Breaking and Entering with Intent to Commit Misdemeanor
Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.
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Third Offense Petty Larceny
Our client was charged with felony third offense petty larceny, which carries a maximum sentence of five years in the Virginia State Penitentiary. We were successful in negotiating a reduction to a misdemeanor petty larceny charge with no active jail time.