First DUI The Right Attorney Makes All The Difference

Virginia Beach First DUI Offense Lawyer

Can You Go to Jail for a First-Time DUI?

Getting arrested for driving under the influence (DUI) can be a frightening and overwhelming experience, especially if someone’s first time. You might be wondering, will I go to jail? While most DUI offenders are placed on probation or other types of punishment, depending on the circumstances of your case, the courts may sentence you to serve jail time. In addition to that, you may also have to pay an expensive fine, have your license suspended, and you will have a permanent mark on your criminal record.

If you have been arrested for a DUI in Virginia, our lawyer is capable of helping you either get your penalties reduced or your case dismissed. With more than 20 years of experience under our belts, our legal team has a comprehensive understanding of the state laws in order to develop a solid and personalized defense strategy for your case. Let us protect your rights and reputation today.

Contact us online or call (757) 267-4949 to learn more about how we can defend you.

First Time DUI Penalties

If you are 21 years of age or older and had a blood alcohol content (BAC) of 0.08% upon your arrest, you can be charged with a DUI.

Possible Penalties:

  • A first-time DUI is considered a class one misdemeanor in Virginia, which is punishable by a maximum jail sentence of 12 months with no minimum sentence.
  • However, if your BAC is at least .15, but less than .20, you may serve a mandatory minimum of five days in jail.
  • If your BAC is .20 or higher, you may serve a mandatory minimum of 10 days in jail.
  • You must also pay a fine of up to $2,500, with a mandatory fine of $250.
  • Your license is automatically suspended for up to 12 months, with an opportunity to apply for a restricted license.

Let the Law Offices of Daniel J. Miller Fight for You – Call (757) 267-4949 Today

At The Law Offices of Daniel J. Miller, our mission is to obtain the outcome desired by our clients. We have an exceptional track record of success by developing aggressive and personalized defense strategies for our clients. Get a hold of our firm today!

Fill out our simple contact form or call (757) 267-4949 to schedule your consultation today.

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.

  • 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.

  • 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.

  • 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.

  • 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.

  • No Time Served Suspended License

    Our client driving on a suspended license, this was his 5th offense.

  • All Charges Dismissed Suspended License

    Our client was charged with driving on a suspended license.

  • 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.

  • 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.

  • 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.


Why Hire Us?

We Never Back Down
  • Personalized Attention for Each Client
  • A Proven Track Record of Results
  • Experienced & Knowledgeable Legal Advice
  • Invested in Your Case & Your Success

Contact Our Team

Your Rights Don't Wait. Neither Should You.
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