Virginia Beach DUI Attorney
Call A Trusted DWI Defense Lawyer at (757) 267-4949!
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.
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.
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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.
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) 267-4949 now to schedule a DUI consultation with Attorney Daniel J. Miller!
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.
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) 267-4949 today to get started with your consultation!
Every Client Matters
Your Rights Deserve to Be Protected-
Lindsey was great !
“Lindsey was great ! Kept me updated and informed, Attorney Blair got me through a tough time and even though I ended up settling that was my choice to end it not Attorney Blair’s.. i appreciate everyone in the office for their help and hard work on my case as I know it takes many to get the job done… so happy to put this in the past and move on and live my life without this stress thanks again to all the staff and Attorney Blair”
- Kimberly H. -
I highly recommend his service.
“Daniel Miller has done an excellent job with my case. I am so pleased with the outcome of my court hearing. His whole office is top notch providing professional guidance in my time of need. I made a bad decision that got me in trouble with the law. My decision to hire Mr Miller was the start of making good decisions. I was so impressed with my initial consultation on the phone with Mr Miller and even more impressed by his court hearing command. I highly recommend his service.”
- Steve W. -
I would recommend them to anyone
“
I had a long and exhausting divorce and would like to thank Jeff Blair, Lindsey, and the whole team. I would recommend them to anyone going through a contested divorce
” - Maxwell M. -
I would highly recommend
“Attorney Miller, along with his paralegal staff, were very helpful during a time of immense stress for me. I would highly recommend him to anyone needing representation for traffic court.”
- Jazmin T. -
Mr. Miller is the best at what he does.
“Mr. Miller is the best at what he does. He fights tooth and nail for you and gives you the best possible outcome. The entire firm staff was great as well. From constant check ups on you to how you are doing after. God Bless Them All.”
- Mel C.
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.