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We are located at:
1397 Laskin Road
Virginia Beach, Virginia 23451
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Areas of Practice / Services Provided

Traffic Violations

Driving Under The Influence / Driving While Intoxicated (DUI / DWI)

Traffic Violations There is no difference in Virginia between these two offenses; they are simply two separate names for the same offense. Any blood alcohol content (BAC) above .08 is considered presumptively intoxicated.  Additionally, if certain amounts of illegal drugs and in some cases even legally prescribed drugs are in one's bloodstream, one can be considered presumptively intoxicated. Because these offenses have gotten the attention of Mothers Against Drunk Drivers (MADD) and other organizations, the legislature has drastically increased the penalties for these offenses in recent years.

DUI/DWI is a class one misdemeanor with maximum penalties of up to one year in jail, up to a $2500 fine, enrollment and completion of the Alcohol Safety Action Program (ASAP) and a one year loss of license. You may or may not receive a restricted license by the judge.

In addition, if your BAC is between .15 and .20 there are additional penalties including a mandatory five (5) day jail sentence and the requirement of an Interlock Device to be installed in your car before a restricted license is issued. For a BAC above .20 there is additional jail time of ten (10) days. These penalties are enhanced even further if this is a second offense, and on a third or subsequent offense the matter is elevated to a felony with significantly more severe penalties.

There are a number of defenses to this charge, and each case requires individual attention to the specific facts involved. Among some of the major defenses are the legal reason for the stop, probable cause for the arrest, proper testing of breath or blood, field sobriety testing, DWI checkpoints and others. These are not straightforward issues that can easily be handled without the benefit of an attorney.

In many cases this charge can be successfully defended, reduced or otherwise amended to improve the outcome. It is highly recommended that a person charged with this offense at the very least consult with a qualified attorney who regularly handles these types of cases.