Virginia Beach DUI Lawyer
Call A Trusted DWI Defense Attorney at (757) 517-2942!
Being pulled over by a member of law enforcement can be extremely frightening and stressful. If you have been arrested for or charged with DWI, it is important that you know you have the right to an attorney.
You should not hesitate to retain the services of a Virginia Beach defense lawyer as soon as possible, so that we can begin building a strategy on your behalf.
We represent a wide range of DWI charges, including:
- First time DUI
- Second time DUI
- Third time DUI
- Underage DUI
- Child endangerment
- DUI of drugs
- DUI with Injury
- Federal DUI
- Out of state DUI
- Vehicular manslaughter
- Chemical test refusal
At The Law Offices of Daniel J. Miller, we have 20+ years' combined legal experience and are known for our professional service and personalized attention.
Why Choose Attorney Daniel J. Miller?
- We Offer Condifential Consultations
- We Deliver Knowledgeable Legal Advice
- We Provide Effective Communication
- We Offer Military Discounts
- We Have A Reputation For Success
- We Genuinely Care About Your Well-Being
- We Accept All Major Credit Cards
Penalties for DWI in Virginia
The penalties involved in a DWI case vary depending on your record and the factors involved in the case, such as the level of intoxication. You could be facing jail time, the loss of your license, substantial fines, required rehabilitation or alcohol counseling, and possibly even the installation of an Ignition Interlock Device.
If there are other factors involved in the charge, such as resisting arrest or being involved in an accident while intoxicated, you could be facing very serious consequences.
This is why it is so important to contact a trusted Virginia Beach DUI lawyer as soon as possible after your arrest.
Tips to Avoid a DUI
Whether you’re planning a night out on the town or just happen to find yourself imbibing, consider these alternatives before taking the wheel:
- Hire a ride-sharing service like Lyft or Uber to transport you to and from the location
- Stick with friends and have someone be a designated driver
- Call a friend or family member to pick you up
- Spend the night at a friend’s place
- Use public transportation
DUI with Bodily Injury in Virginia
Being arrested for a DUI is a very serious offense, and it can have a severe impact on your life. A DUI with injuries is even harder to combat, as the repercussions and consequences are far harsher.
If you cause a fatality while under the influence of alcohol or drugs, your DUI charge may include involuntary manslaughter or aggravated vehicular manslaughter. You may face severe penalties, such as the forfeiture of your vehicle, the loss of your right to vote, indefinite license revocation, 20 years in prison, and a felony charge that will be impossible to hide from future employers.
DUI of Drugs
According to Virginia law, any substance that can impair an individual’s ability to drive can be considered a drug. If you are driving impaired, and chemical testing indicates drugs present in your system, you could be charged with a DUI. Whether you under the influence of marijuana, cocaine, prescription pills, or even over-the-counter medication, you may be charged with DUI of drugs.
The first offense is considered a Class 1 misdemeanor, which is punishable by a maximum jail sentence of one year, a fine of up to $2,500, and license suspension for one year. Offenders with previous DUI conviction may receive additional penalties.
What Is a Federal DUI?
You could be arrested for a federal DUI if you operate a vehicle while under the influence of drugs or alcohol on U.S. government land. If you are charged, you will be prosecuted by a U.S. Attorney and tried in a federal court.
Federal property can include:
- Airports
- Courthouses
- Historical land
- National monuments
- National forests
- National parks
- Any lot or building owned by the U.S. government
If you are caught driving under the influence in a national park, you will be subject to the laws under the Code of Federal Regulations. You could be charged with a class B misdemeanor, which is penalized by up to 6 months in federal prison, up to $5,000 in fines, and/or up to 5 years of probation.
Driving under the influence on any U.S. government property other than a national park is prosecuted according to the Federal Assimilative Crimes Act. The offense is charged as a federal crime but is punished according to state DUI laws.
Out-of-State DUI
If you are arrested for a DUI in Virginia, but live in another state, you will not escape the penalties when you return home.
Due to interstate drivers’ license compact, states have agreed to share driving offense information. The DLC states that an individual charged with a driving offense in one state will be prosecuted under the laws of their home state.
- Administrative Penalties: If you are arrested for DUI, you could have your license suspended for up to one year. If your BAC was over .15, you could be required to use an ignition interlock device once your license is reinstated.
- Criminal Penalties: In Virginia, there is no mandatory minimum sentencing for jail sentences. You could still have a fine of up to $250 if there were nor minors in the vehicle at the time of the arrest.
Videos About DUI / DWI in Virginia
Common Questions About DUI / DWI
Should I Get an Attorney for a DUI?
Yes. Even a first-time DUI can have harsh consequences, including jail time, a fine of up to $2,500, and a 12-month suspension of your driver's license. You need a DUI lawyer, even for a first time DUI, to ensure your defense is solid.
How Much Does a DUI Attorney Cost?
The cost of your DUI lawyer will depend on several factors, including the attorney's consultation fee (if any), retainer, and hourly and fees, as well as the type of DUI charges you're facing and the length of your DUI case. The best way to find out how much a DUI attorney costs is to set up a consultation and speak with them. Call (757) 517-2942 now to schedule a DUI consultation with Attorney Daniel J. Miller!
Request a Consultation from Our Firm
Whether you have an existing record or this is your first arrest, your future as a driver is on the line and you need an experienced Virginia Beach DUI attorney to represent you. At our firm, we are dedicated to providing top-notch legal advice and representation.
We are very responsive, taking great pride in keeping in constant communication with our clients. Additionally, if you are concerned about payment, we accept all major credit cards and offer consultations.
Contact The Law Offices of Daniel J. Miller online or call us at (757) 517-2942 today to get started with your consultation!
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Case Results
A Track Record of Success-
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.
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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.
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Driving Under the Influence DUI
Our client was charged with driving under the influence after a concerned citizen called the police to report unusual driving behaviors. Even though the behavior was odd, it did not amount to criminal activity. The charge was dismissed on a motion to strike.
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Driving Under the Influence 3rd Offense DUI
Our client plead not guilty to a felony count of driving under the influence third offense. Based upon a totality of the circumstances, the failure to prove circumstantially that our client was impaired by the use of alcohol as alleged the charge was reduced to reckless driving with a $250 fine.
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ASAP Violation DUI
Our client was charged with violating the terms of ASAP by failing to complete all the required classes. Our client had moved out of state and had completed some classes but not at the direction of her ASAP advisor. The court found that based upon evidence provided and argument presented that our client had substantially complied and the charge was dismissed.
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No Time Served Suspended License
Our client driving on a suspended license, this was his 5th offense.
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All Charges Dismissed Suspended License
Our client was charged with driving on a suspended license.
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Reduced to Standard DUI Offense Driving Under the Influence
Our client was charged with driving under the influence 2nd offense with a blood alcohol content of .23 which carried a mandatory minimum amount of thirty days in jail and an assault and battery of a law enforcement officer which carries a mandatory minimum of 6 months in jail.
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Case Dismissed Driving Under the Influence
Our client was charged with driving under the influence second offense - accident with a blood alcohol content of .18.
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Case Dismissed Boating Under the Influence
Our client was charged with boating under the influence when his Jet Ski was apprehended based upon beach life guard's phone call.