
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.

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.


Values That Drive Us Integrity, Compassion, and Advocacy at Our Core
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Committed to excellence and proven success, we strive for favorable outcomes using experience and innovative legal strategies to protect your rights and interests.
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We pride ourselves on building trust with our clients through open communication and honest advice. At Pettrey Law, you will always know where your case stands and the options available to you.
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We understand that legal matters can be stressful and emotional. Our team is here to provide not only expert legal advice but also the empathy and understanding you need during challenging times.
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At Pettrey Law, PLC, your needs come first. We focus on personalized legal strategies, ensuring you receive the guidance and support tailored to your unique situation.
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.
Your DUI Questions, Answered.
Still have questions or can't find the answer you need? Give us a call at 757-796-6996 today!
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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.
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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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What Are My Rights During DUI Traffic Stops?
If you are pulled over due to suspicion of drunk driving or pulled over for a traffic stop and then the police officer suspects intoxicated driving, you should remember you have certain rights as a U.S. citizen. Namely,
- The driver and any passengers have the right to remain silent (except you must show the police your driver's license, registration, and proof of insurance upon request); and
- If you are a passenger, you are free to leave.
If you are arrested or detained, you have additional rights, including Miranda warnings.
- You can say you wish to remain silent and ask for a lawyer immediately.
- You have the right to make a local phone call.
If you believe your rights were violated in any way, try to write down everything you remember, including the police officer's agency (state police, county police, etc.), badge number, and patrol car number.