DUI Defense

Chesapeake DUI Defense Lawyer

Tailored Defenses in Chesapeake, Virginia Beach & Suffolk, VA

Driving while intoxicated (DWI), operating a vehicle under the influence (OVI), or driving under the influence (DUI) are all ways to describe the same thing: intoxicated driving. Intoxication may be the result of alcohol or another chemical substance (for example, marijuana) or both. To be a criminal offense in Virginia, your blood alcohol content (BAC) must be at or above the legal limit, you have an illegal chemical substance in your system, or your driving abilities are impaired, as witnessed by law enforcement.

Many DUI arrests are made daily in our state. Those arrested are often law-abiding citizens. Many mistakenly believe that DUI charges are impossible to contest, which is not true. Although these charges can be daunting, multiple defenses are available that can effectively challenge their validity. However, you will need an experienced attorney who understands the complexity of DUI and knows how to uncover potential flaws and weaknesses in your case.

At Pettrey Law, PLC, we work meticulously to investigate all aspects of a DUI charge to help you prevail or get the best possible outcome. Through extensive investigation and preparation, Attorney Pettrey can apply his 10+ years of criminal law practice to your case.

Learn more about your case and how we can help in a consultation at Pettrey Law, PLC. Call (757) 796-6996 or contact us online to speak with our Chesapeake DUI defense attorney.

What Is a DUI in Virginia?

Under Virginia law, DUI is defined as operating a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or higher.

A DUI can also be charged when your ability to drive is impaired in the following situations:

While under the influence of alcohol
While under the influence of any drug
While under the influence of any combination of alcohol and drugs

You can be arrested for a DUI that involves both legal and illegal drugs. Illegal drugs can include marijuana, cocaine, heroin, and methamphetamine. Prescription medications like opioids, sleep aids, Valium, Xanax, and others can also lead to charges if they affect your alertness, coordination, and response times.

Over-the-counter medications that cause drowsiness or dizziness, such as antihistamines, may additionally result in a DUI charge if they impair driving ability. Any substance capable of compromising your ability to safely operate a vehicle, regardless of its legal status, can lead to a Virginia DUI charge.

For drivers under 21, the BAC threshold is lower, at 0.02%, owing to the state’s zero-tolerance policy for underage drinking and driving.

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How Prosecution Proves You Were Under the Influence in Virginia

Prosecutors can prove that a driver is "under the influence" through several methods, often involving a combination of evidence types:

Field sobriety tests (FSTs): These are physical tests conducted by law enforcement officers at the scene to assess a driver's coordination, balance, and ability to follow instructions. Common tests include the walk-and-turn and one-leg stand.
Chemical tests: Blood, breath, or urine tests can measure the concentration of alcohol or drugs in the driver's system. A blood alcohol concentration (BAC) of 0.08% or higher is considered over the legal limit for alcohol.

Officer observations: The arresting officer's testimony regarding the driver's behavior, appearance, and actions can be used as evidence. This might include observations of slurred speech, bloodshot eyes, or the smell of alcohol or drugs.
Witness testimony: Statements from other witnesses, such as passengers or bystanders, can support the case by describing the driver's behavior or condition.
Video evidence: Dashcam or bodycam footage can provide visual proof of the driver's behavior and performance on field sobriety tests.

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Penalties for a First Offense DUI Charge in Chesapeake, VA

Several factors, including your BAC level, any aggravating circumstances, and your driving history, influence DUI penalties.

Potential penalties a first-time offender might face:

Fines: Ranging from $250 to $2,500.
License suspension: For one year.
Jail time: Possible incarceration, particularly for high BAC levels or aggravating factors.
Virginia Alcohol Safety Action Program (VASAP): Mandatory enrollment in education on the dangers of alcohol/drug use, the impact on driving skills, and more. It may also include counseling or substance abuse treatment. Successful completion is often required for the reinstatement of driving privileges.
Ignition interlock device: Required installation and alcohol monitoring may be ordered.
Community service: This may be ordered as part of the sentence.
Probation: This could include conditions such as regular check-ins and abstinence from alcohol.
High BAC level: A BAC of 0.15% or above is considered high in Virginia and may lead to enhanced penalties, including longer jail sentences and additional fines.

Repeat DUI Offenses in Virginia

Virginia imposes progressively harsher penalties for subsequent DUI offenses. A second offense within five years may result in mandatory jail time ranging from 20 days to one year, significantly higher fines, and a three-year license suspension. The lookback period in Virginia is typically 10 years, during which past DUI convictions can affect the severity of future penalties.

Felony DUI in Virginia

In Virginia, a DUI offense can escalate from a misdemeanor to a felony under specific circumstances. The most common situation is when you are convicted of a third DUI offense within 10 years. This classification as a Class 6 felony may lead to mandatory minimum prison time, extensive fines, and a lengthy license revocation.

Additionally, a DUI that results in serious injury or death is classified as a felony, known as DUI maiming, which carries even harsher consequences.

Other aggravating factors, like driving with a suspended license or having minors in the vehicle, could influence the classification of the offense. Understanding when a DUI escalates to a felony is crucial for individuals facing these charges, as the legal and personal implications can be profound.

What You Need to Know About DUI Charges in Chesapeake

As mentioned earlier, the right evidence can effectively challenge DUI charges. For instance, procedural errors, inaccurate breathalyzer tests, and improper police conduct can all serve as grounds for a solid defense. At Pettrey Law, PLC, we meticulously examine all aspects of a DUI case to uncover potential weaknesses.

This includes reviewing the legality of the traffic stop, scrutinizing the breathalyzer and field sobriety test procedures, evaluating police conduct, and investigating any evidence of legal rights violations. Identifying and exploiting these weaknesses can be instrumental in reducing or dismissing charges.

Contact us online or at (757) 796-6996 to consult our Chesapeake DUI defense attorney today.

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Your DUI Questions, Answered.

Still have questions or can't find the answer you need? Give us a call at 757-796-6996 today!

Can I Beat a Drunk Driving Charge in Virginia?

It is possible to beat a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, blood tests, and urine tests. Understanding the latter tests is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.
Aside from errors or unreliable test results, an alleged DUI offender may have had their constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal.
You will need a drunk driving defense attorney to help you beat an intoxicated driving charge. These cases can be highly technical, as much as legally complex.
Can I Refuse a Breathalyzer Test in Chesapeake, Norfolk, Virginia Beach, Newport News?
You can refuse a breathalyzer test. These are portable instruments police have with them to test your breath for alcohol. The results of these tests are typically not admissible if you are, in fact, arrested and charged with an intoxicated driving offense.
Refusal, however, carries with it significant consequences. Those consequences depend on your jurisdiction, but you can expect any of the following:
- Your license may be suspended.
- You may be sentenced to jail time.
- You may still face a DUI charge based on other criteria, such as field sobriety test results, witness testimony, and the police officer's observations.
- You may be fined.
Also, if you refuse, the police officer may request a warrant to take a blood sample. Blood tests are more reliable than breath tests, and they can be more challenging to defend against if a case is filed against you.
What Happens After a Drunk Driving Arrest in Chesapeake, Norfolk, Virginia Beach, Newport News?

If you are arrested for drunk driving, what happens next depends on the facts and circumstances. It's important to know that DUI arrests result in two processes after an arrest: (1) the administrative hearing, which results in civil penalties, like driver's license suspension; and (2) the criminal process, which can result in a conviction in the absence of a strong DUI defense. A conviction can lead to fines, driver's license suspension/revocation, imprisonment, ignition interlock device (IID) installation, and other penalties.

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