DUI Defenses in Virginia | What to Know

With an attorney on your side, you may have a defense against your DUI charge in Virginia. Continue reading and reach out to our dedicated legal team to speak with a Richmond DUI lawyer.

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

In Virginia, several different defenses can be used against a DUI charge. However, you will want to keep in mind that an experienced Richmond DUI lawyer can effectively conduct those defenses. Some of the most common 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

Our legal team’s goal is to mitigate your charges or even have them dropped. If your charges are not dropped, we can oppose a “wet reckless” plea bargain, which is 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 intense than a DUI charge.

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

Virginia takes DUI charges very seriously, even if it is your first violation, there is a very high chance that you will encounter the following sentences:

  • 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 must use the ignition interlock device for at least 6 months.

What are the consequences of an underage DUI charge?

Note that Virginia has a zero-tolerance law in effect, which suggests 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). Furthermore, you will lose your driver’s license right away. 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 cases, underage drivers are presented with the opportunity to complete the Virginia Alcohol Safety Action Program, which will allow them to drive to work and school while they serve their license suspension. Recognize that if you receive a restricted license, you must also install the ignition interlock device in your vehicle.

Contact Our Firm

Led by Attorney James A. Bullard Jr., we handle various criminal and traffic cases, including reckless driving tickets, DUIs, violent crimes, drug crimes, and so much more. Contact James A. Bullard Jr. P.C. today to get started on your defense.

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