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Navigating DUI/DWI Charges in Charlottesville: Your Guide to Legal Defense

Driving under the influence (DUI) and driving while intoxicated (DWI) charges in Charlottesville, Virginia, can have serious legal implications. Understanding the legal landscape and navigating DUI/DWI charges is critical for anyone facing such allegations. Our team of experienced Charlottesville traffic lawyer at The Law Offices of SRIS.P.C. is committed to providing comprehensive legal help and representation to those facing DUI/DWI charges.

Understanding Virginia's DUI/DWI Laws

Driving under the influence (DUI) and driving while intoxicated (DWI) are the same offenses in Virginia. Driving a car with a blood alcohol level (BAC) of 0.08% or higher is unlawful in Virginia. It is prohibited for drivers under the age of 21 to drive with any BAC.

DUI/DWI Penalties in Virginia

In Virginia, the punishments for DUI/DWI vary depending on the number of prior DUI/DWI convictions. Penalties for a first-time DUI/DWI conviction include:

  • A fine ranging from $250 to $2,500
  • A one-year suspension of one’s driver’s license
  • Alcohol education and treatment classes are required.

The penalty for a second DUI/DWI conviction within ten years is as follows:

  • A fine ranging from $500 to $4,000
  • A three-year driver’s license suspension
  • Alcohol education and treatment classes are required.
  • Small of 20 days in prison

The penalties for a third DUI/DWI conviction within ten years are as follows:

  • A fine ranging from $1,000 to $10,000
  • A five-year driver’s license suspension
  • Alcohol education and treatment classes are required.
  • Thirty days in jail is a small sentence.

Defenses Against DUI/DWI

In Virginia, there are a few DUI/DWI defenses. Among these defenses are:

  • Rising blood alcohol content: This occurs when a person’s BAC continues to climb after they have stopped drinking. This is possible if the individual has consumed a large amount of alcohol in a short period.
  • Medical problem: A medical condition can also impair a person’s ability to drive. A person with diabetes, for example, may have low blood sugar levels, causing them to appear drunk.
  • Police misconduct: If a police officer breaches a person’s rights during a traffic stop, the subject may have a defense to DUI/DWI. For example, if a police officer does not have probable cause to stop a person’s vehicle, the person may be eligible to have the DUI/DWI charge dropped.

If you are arrested for DUI/DWI in Virginia, you should contact an experienced Charlottesville DUI lawyer as soon as possible.

The DUI/DWI Arrest Procedure in Charlottesville

Stops at traffic and probable cause: When a police officer pulls you over in Charlottesville, Virginia, they’ll probably ask to see your driver’s license, registration, and insurance documentation. The officer may also make inquiries on your origins and destination.

Any signs that you could be drunk that the officer notices include:

  • Slurred speech
  • Bloodshot or watery eyes
  • The odor of alcohol on your breath
  • Difficulty walking or standing

If the police notice or smell any indicators of intoxication, they may have probable cause to arrest you for DUI/DWI.

Field sobriety testing and breathalyzer tests: If you are arrested for DUI/DWI, the officer will most likely need you to do field sobriety tests. Field sobriety tests are a set of simple physical assessments meant to check your coordination and balance. Some examples of common field sobriety tests are:

  • The walk-and-turn test
  • The one-leg stand test
  • The horizontal gaze nystagmus (HGN) test

The officer may also request that you take a breathalyzer test. A breathalyzer test determines the amount of alcohol in your breath. In Virginia, you are intoxicated if your blood alcohol concentration (BAC) is 0.08% or greater.

Legal protections and what to do in the event of an arrest:

If you are arrested for DUI/DWI, the following legal rights are available to you:

  • The right to silence
  • The right to be accompanied by an attorney during interrogation
  • A fair trial

You must exercise your legal rights if you are arrested for DUI/DWI. It would help if you did not answer any police questions unless you have a counsel present. You should also seek legal representation as soon as workable.

The Role of a DUI/DWI Attorney

A Charlottesville traffic lawyer is an experienced attorney who focuses on defending clients who have been arrested for driving under the influence of alcohol or drugs. DUI/DWI attorneys comprehend the rules regulating DUI/DWI offenses as well as the defenses that can be employed to fight these charges.

A DUI/DWI attorney’s role is summarized below:

Give you legal counsel and support: A traffic lawyer Charlottesville VA can address your concerns, explain your available options, and help you understand the consequences of being found guilty of a DUI/DWI.

Contest the traffic stop and arrest: Charlottesville traffic lawyer can look at the details of your arrest to see if the police had a good reason to pull you over and make an arrest. Your Charlottesville Virginia lawyer might be able to have the accusations against you dropped if the officer lacked probable cause.

Make a plea agreement: In the event that your legal representative is unable to have the accusations against you dropped, they could work out a deal with the prosecution. You could be able to accept a plea deal in exchange for a lesser sentence or a plea to a less serious offense.

Contest the findings of the BAC test: Charlottesville traffic lawyer can examine the results of the BAC test and check for any possible errors. Your lawyer might be able to get the results of the BAC test removed from the record if they discover any errors.

Represent you at trial: Should your matter proceed to trial, your lawyer will appear on your behalf before the judge or jury. To, your lawyer will advocate for you and work to secure the best result.

It is crucial to remember that a DUI/DWI lawyer’s exact duties will change based on the details of your case.

Contact Us

If you need to contact a Charlottesville Traffic Lawyer, The Law Offices of SRIS, P.C. can help. Their professional team of solicitors is experienced in traffic law and can give you the information and representation you need to navigate your case successfully. Be bold and seek competent legal advice if you have traffic-related issues.

FAQs

Our Charlottesville, VA, traffic lawyers handle a variety of offenses, including speeding, reckless driving, DUI/DWI, red light violations, stop sign infractions, and driving with a suspended license

In many circumstances, our traffic attorneys can defend you in court without your presence, saving you time and effort. We will manage the legal actions on your behalf.

Yes, depending on the circumstances, our traffic lawyers may consider plea bargains, diversion programs, or agreements to minimize the charges or fines for your traffic infractions.

Yes, our traffic attorneys use a variety of defenses and techniques targeted to your specific case, such as contesting evidence, questioning the accuracy of measurements, showing procedural mistakes, or negotiating lower charges.

Fines, points on your driving record, license suspension or revocation, higher insurance rates, and even incarceration for significant offenses are all possible penalties for traffic infractions in Charlottesville, VA.