Chesapeake DUI Attorney The Right Attorney Makes All The Difference

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.

DUID Charges in Virginia

Driving under the influence of narcotics, often called a “DUID charge,” is also a serious crime in the state. Its penalties are very similar to those of a standard DUI, but a judge could also order mandatory rehab, education, or other programs to help.

The problem with these charges is that they are often hard to prove. Blood testing isn’t always accurate, since trace amounts of drugs can show up in a sober person’s blood. Testing also doesn’t cover every possible drug that could make someone high. Furthermore, people can be arrested for driving on legal substances, such as prescription drugs.

Our Firm Can Help with Your DUI Case in Chesapeake

No matter what the facts are in your case, our firm believes that you are innocent until proven guilty. You should always use your rights to defend yourself against any charges against you. Remember, the prosecution has the responsibility to prove your case beyond a reasonable doubt. Otherwise, you should remain free of criminal penalties.

Our firm is here to help build a credible defense for you. If you’ve been accused of driving under the influence, make sure to reach out to our team for help.

For a free consultation, call us today at (757) 267-4949, or schedule time with us online.

Every Client Matters

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  • They’re truly the best lawyers in Virginia Beach

    “They’re truly the best lawyers in Virginia Beach”

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  • Mr. Miller and his team helped me to get my reckless driving ticket dismissed!

    “Mr. Miller and his team helped me to get my reckless driving ticket dismissed!”

    - Mya F.
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    “Great legal team. Dan helped me with my divorce several years ago and I refer his office to others I know who need help.”

    - Eddie
  • Mr. Miller and his team have done nothing but great things for me.

    “Mr. Miller and his team have done nothing but great things for me. They are reliable and very friendly to work with. I am truly grateful for Mr. Miller and all the work he did for my case and ultimately getting me the results I hoped for.”

    - Krista S.
  • One of the best lawyers in Virginia Beach!!!

    “One of the best lawyers in Virginia Beach!!! My story didn't seem so promising I was about to get some years but Mr. Miller stepped in and got my case dismissed great guy and great lawyer please use him if u need a criminal lawyer!!!!!”

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Case Results

A Track Record of Success
  • Protective Order Domestic Violence

    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.

  • Pre Litigation Defense – Rape Sex Crimes

    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.

  • Protective Order Family Law

    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.

  • Driving Under the Influence 4th Offense– Bond Hearing DUI

    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.

  • Violation of Protective Order – Appeal Domestic Violence

    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.

  • Breaking and Entering with Intent to Commit Misdemeanor Felony Defense

    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.

  • Third Offense Petty Larceny Felony Defense

    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.

  • Possession of Marijuana- Appeal Drug Crimes

    Our client plead not guilty to a second offense possession of marijuana charge. We successfully argued that the Commonwealth had failed to prove constructive possession. The case was dismissed.

  • Driving Under the Influence DUI

    Our client was charged with driving under the influence after officers answered a call for service in a church parking lot. Eyewitnesses were able to testify as to the time of operation and identify the driver. Officers testified that they smelled alcohol coming from our client, that he was unsteady on his feet, and that he had not done well on his field sobriety tests. Video evidence secured from the church and bodycam footage did not support the testimony. The DUI charge was reduced to reckless driving.

  • Domestic Violence Domestic Violence

    Our client was alleged to have assaulted the girlfriend of her child’s father during an exchange of the child at a police precinct. Phone video evidence and inconsistencies in the Prosecutor’s witness testimony led to a dismissal of the charge.

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