Experienced Virginia First-Time DUI Lawyer
Driving under the influence (DUI) is a serious offense in Virginia, even for first-time offenders. Acting promptly and understanding your rights are essential steps in addressing these charges.
Attorney Stephen P. Pfeiffer has years of experience helping clients facing DUI charges. His approach focuses on thorough preparation, careful analysis of the evidence and crafting strategies aimed at achieving the best outcome possible for your case.
How Does Virginia Define ‘Impaired’ Driving?
Virginia law defines impaired driving under Virginia Code 18.2-266 as operating a vehicle under the influence of alcohol, drugs or both. The legal blood alcohol content (BAC) limit is 0.08% for drivers aged 21 and older, with stricter limits for commercial drivers and those under 21.
Impairment affects your ability to make decisions, react quickly and control your vehicle. Drugs, including some prescription medications, can also contribute to unsafe driving by affecting coordination and judgment. During a traffic stop, officers may assess impairment by observing physical signs like slurred speech, bloodshot eyes or the odor of alcohol. They may also conduct field sobriety tests or administer a preliminary breath test.
Penalties For First-Time DUI Offense In Virginia
A first-time DUI offense in Virginia carries penalties that can have lasting effects. These include:
- Fines
- Mandatory license suspension
- Alcohol education program
- Jail time up to 12 months
- Ignition interlock device
These consequences can disrupt your personal and professional life, making it important to act quickly and seek strong representation.
Understanding The DUI Legal Process In Virginia
Facing a DUI charge can feel overwhelming, but knowing what to expect during the process can make it more manageable. Here are the key steps:
- Initial consultation: Meet with your attorney to discuss the case, review charges and explore potential strategies
- Investigation: Examine evidence such as police reports and test results to identify any weaknesses
- Pre-trial negotiations: Work to resolve the case through plea agreements or reduced charges
- Trial preparation: Build a strong defense and gather all necessary evidence for court
- Post-trial support: Address additional matters like appealing a verdict or restoring driving privileges
With an experienced lawyer who will take the right legal approach, you can work to minimize the impact on your life and protect your future.
Frequently Asked Questions About First-Time DUI Offense In Virginia
Facing your first DUI charge requires an informed approach. Here are answers to some of the frequently asked questions:
What are my rights after I’ve been arrested for DUI?
Once you are taken into custody, you are required by law to submit to a breath or blood test to measure your blood alcohol content. There are consequences for refusing the test. But you always have the right – even before you are formally charged – to refuse to answer questions. Once you are placed under arrest, you have the right to ask for an attorney and to have an attorney present during questioning. You have the right to challenge the criminal DUI charges. Your right to speak to an attorney does not apply to your decision whether to blow into the breath testing device after you have been arrested.
What happens if I refuse the breathalyzer test?
Under Virginia’s implied consent law, unreasonably refusing the breath or blood test results in automatic suspension of your driver’s license for one year, with no eligibility for restricted driving. Refusal can also be used as evidence of guilt if you are charged with DUI in certain circumstances. Refusing to blow in the handheld portable breathalyzer used on the side of the road is not the same as refusing to blow in the Intox EC/IR II breath testing device. You can refuse the handheld portable breathalyzer without legal consequences. If you refused the test, contact a lawyer immediately.
Do I have to perform field sobriety tests?
You have absolutely no obligation to perform these tests. There are no legal consequences for you to politely refuse from performing these tests. In fact, often times there are several environmental and physical health reasons to politely refuse. The officer should ask you at some point in their questioning if you have any medical problems or conditions. If you have leg, back, knee or other health problems such as vertigo, asthma or GERD and you choose to speak with the officer, you should detail these problems to the officer.
Will I lose my license after a DUI?
Upon arrest for DUI, your license is automatically suspended for at least seven days. If you are later convicted of DUI, your license will be suspended for at least one year on a first offense, three years on a second offense ,and indefinitely for a third offense. The court can grant restricted driving privileges to drive to work, school, child care, etc. You will likely have to install an ignition interlock on your vehicle before you will be allowed to drive. There are some other exceptions that will allow you to potentially operate an employer’s vehicle without an interlock that can be explored with your attorney.
Take The First Step Toward Your Defense
If you are facing a first-time DUI charge in Virginia, take action today. Call Stephen P. Pfeiffer at (757) 554-0258 or send him an email to schedule a confidential consultation.