Virginia DUI Attorney

Every US state has enacted laws prohibiting drinking and driving, and Virginia’s are some of the strictest in the country. You could be arrested for driving or operating under the influence (DUI) if you have a blood alcohol concentration (BAC) in excess of .08% or if police officers observe that you are impaired while driving. Virginia drunk driving laws include both criminal penalties and implications for your driver’s license, and they do increase in severity for multiple DUI convictions.

At Hampton Injury Law PLC, our team is experienced in defending those arrested for drunk driving and knowledgeable about the applicable laws. You can count on a Virginia DUI attorney to develop a sound legal strategy and seek the best possible outcome in your case. Please contact the firm to set up a case evaluation today. Some information about the proceedings is also helpful.

Two Cases for a DUI in Virginia

Because of how state drunk driving laws are structured, there are actually two proceedings after someone is arrested for DUI in Virginia:

  • Administrative Case: This matter involves your driver’s license, which can be suspended for a year for a first-time offense. In addition, you may have to install an ignition interlock device (IID) on your vehicle to prevent the engine from starting when it detects alcohol. You may qualify to drive on a restricted license for limited purposes.
  • Criminal Proceedings: Drunk driving is also a crime, so there are criminal penalties if you are convicted. A judge could order a year in jail, but those charged with a second or third DUI may be subject to mandatory minimum sentencing. You might also be ordered to pay a fine of up to $2,500.

Note that Virginia also has an implied consent law, in which all motorists agree to a breath, blood, or other chemical tests to assess BAC upon police request. A refusal could still lead to a driver’s license suspension.

How a DUI Defense Attorney Can Help

Considering the serious punishment and effects on your driving privileges, it is important to take advantage of all defense opportunities. Hampton Injury Law PLC will assess your case and determine a strategy. We will take on such tasks as:

  • Reviewing BAC test results to assess validity;
  • Gathering additional evidence to support your defense;
  • Attending all court appearances and administrative hearings; and,
  • Representing you at trial.

In addition, keep in mind that there are additional options for resolving drunk driving charges. You may qualify for a “wet reckless,” which is a slang term for reckless driving. Through plea bargaining with the prosecutor, you would plead guilty and accept the penalties. For a wet reckless, your license would only be restricted for six months instead of 12 months for a DUI.

Count on a Virginia DUI Lawyer for Help with Your Defense

You can see how retaining skilled representation is critical when facing drunk driving charges, and Hampton Injury Law PLC is prepared to support your legal needs. To learn more about potential defenses, please contact us to schedule a case evaluation. A DUI attorney can advise you on strategy after reviewing your circumstances.


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Virginia truck accident lawyer Jan Hoen is prepared to fight to protect your legal rights. Contact Hampton Injury Law as soon as possible after a truck accident and allow attorney Jan Hoen to use his resources and experience to fight for you.

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