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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 a DUI attorney in Virginia.

You should not hesitate to retain the services of a Virginia Beach criminal defense lawyer as soon as possible so that we can begin building a defensive strategy on your behalf.

Why Choose Attorney Daniel J. Miller?

  • We Offer Confidential Consultations
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At The Law Offices of Daniel J. Miller, we have 25 years' combined legal experience and are known for our professional service and personalized attention. Contact our DUI lawyers in Virginia at (757) 267-4949 today!

What Happens After You Get a DUI in VA?

The consequences of a DUI conviction in Virginia can include jail time, fines, 12-month license suspension, ignition interlock devices, alcohol education programs, and community service. The specific consequences you face will depend on the circumstances of your DUI case. Suppose you have been arrested for a DUI in Virginia Beach. 

Speaking with our criminal defense attorney to discuss your case and your options is essential.

We represent a wide range of DWI charges, including:

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.

How DUI Can Impact Employment in Virginia

Not only can a DUI conviction in Virginia result in jail time, fines and license suspension, having a permanent mark on your criminal record can have a negative impact on employment in the following ways:

  • When Applying for a New Job: the potential employer may run a background check on you. If the employer notices a DUI on your criminal record, you may lose an opportunity which you otherwise were qualified for.
  • When You're Already Employed: The effect a DUI can have on your current job depends on the severity of the conviction and the specific job that you have.
  • Many professional licenses, such as for attorneys, doctors, nurses, teachers, commercial drivers, and even plumbers require that an arrest must be disclosed to the licensing agency. Depending on your agency, a DUI can affect your license.

As far as indirect consequences, there are plenty. For instance, if your driver’s license was suspended as part of your DUI conviction, commuting to work can be more difficult since you have to rely on costly ride-sharing services or slow public transportation. If you are constantly tardy, you could lose your job.

Furthermore, if you are still undergoing the criminal justice process, you will miss work for court appearances and possibly for mandatory alcohol treatment. If you are constantly calling out of work, you could be terminated for excessive absenteeism.

This is why it is so important to contact a trusted Virginia Beach DUI lawyer as soon as possible after your arrest. Give us a call today!

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.

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) 267-4949 now to schedule a DUI consultation with Attorney Daniel J. Miller!

What is the 3 Hour Rule for DUI in Virginia?

Virginia's 3-Hour Rule is a statute of limitations that requires an arrest for a DUI within three hours of driving. This Rule is based on Virginia's implied consent law, which states that driving on public roads means consent to provide breath or blood samples for analysis if arrested within three hours. The motorist must either submit to blood or breath testing or be charged with Unreasonable Refusal. 

Request a Consultation from Our DUI Defense Law 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.

Our team of DUI lawyers in Virginia is 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) 267-4949 today to get started with your consultation!

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