Common Defenses Against DUI Charges in Virginia

With the help of an attorney, you may have a defense against your DUI charge in Virginia. Contact us today and speak with a skilled Richmond DUI lawyer to learn more about the common defenses against a DUI.

What are the most common defenses against DUI charges in Virginia?

Luckily, there are a number of different defenses that can be used against a DUI charge in Virginia. However, you will want to note that a skilled Richmond DUI lawyer can effectively execute those defenses. Some of the most typical defenses used include the following:

  • The breathalyzer was defective
  • The breath test results were improperly analyzed
  • There was no probable cause for arrest
  • Your constitutional rights were violated
  • There was no reasonable suspicion to stop you
  • The officer improperly administered a field sobriety test

At our firm, our objective is to mitigate your charges or even have them dropped. In the event that your charges are not dropped, we can fight for a “wet reckless” plea bargain, which is basically a reckless driving charge that concerns alcohol. As long as you complete the Virginia Alcohol Safety Action Program, you may be able to face the same penalties that a reckless driving charge has, which are less severe than a DUI charge.

What are the consequences of a first-offense DUI charge in Virginia?

The state of Virginia takes DUI charges very seriously, even if it is your first offense, there is a very high possibility that you will face the following punishments:

  • A potential 12-month jail sentence
  • You may receive a 1-year license suspension
  • A fine between $250 and $2,500
  • To get a restricted license, you will have to use the ignition interlock device for at least 6 months.

What are the consequences of an underage DUI charge?

You will want to recognize that Virginia has a zero-tolerance law in effect, which means that anyone under the age of 21 can be charged with a DUI if they have a blood alcohol concentration of .02% or higher while driving a motor vehicle. If you are charged with an underage DUI, you will face a possible $2,500 fine (or 50 hours of community service). Also, you will lose your driver’s license immediately. If this is your first violation, law enforcement will keep your license for 7 days; for a second offense, 60 days; and for a third offense, until the time of your trial.

In some instances, underage drivers are offered the opportunity to complete the Virginia Alcohol Safety Action Program, which will permit them to drive to work and school while they serve their license suspension. Keep in mind that if you receive a restricted license, you must also install the ignition interlock device in your vehicle.

Contact a Richmond DUI Lawyer

The bottom line is that after receiving a DUI in Virginia, the most important thing you can do is retain the services of an experienced Richmond DUI lawyer who can assess the circumstances of your charges and determine the best path forward. Contact James A. Bullard, Jr. P.C. today to schedule your initial consultation with our firm.

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