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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Proven ResultsCommitted 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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Integrity and TransparencyWe 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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Compassionate CounselWe 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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Client-Centered AdvocacyAt 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 Still Get Auto Insurance in Chesapeake, Norfolk, Virginia Beach, Newport News After a Drunk Driving Conviction?
Your ability to obtain or maintain auto insurance after a drunk driving conviction depends on whether it was your first conviction. You will likely find insurance after a first conviction, although your rates will increase significantly.
Note, however, that even if you have been convicted of only one drunk driving offense, you may still be required to obtain SR-22 insurance. SR-22 is a certificate of financial responsibility required by either your jurisdiction or a court order. This form is not insurance, but rather proof that your auto insurance policy meets the minimum liability coverage required by state law. A fee, which ranges from $300 to $800 on average, is most often charged to file this form.
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What Are Standardized Field Sobriety Tests (FSTs)?
Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.
There are three standardized FSTs:
- the Horizontal Gaze Nystagmus Test (HGN test)
- the One-Leg Stand Test (OLS test)
- the Walk-and-Turn Test
The results of these tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and are typically not admissible as evidence.
Non-standardized FSTs include:
- finger to nose test
- the finger count test
- the hand pat test
- the alphabet test
- the reverse counting test
- the coin pickup test
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Can I Just Plead Guilty to Drunk Driving?
An arraignment is a hearing where the defendant can plead guilty, no contest, or not guilty. You can plead guilty, but the real question is whether you should or not. It would be a mistake to plead guilty at this time, especially without the counsel of a drunk driving lawyer in Chesapeake, Norfolk, Virginia Beach, Newport News, and there are multiple reasons for this.
- If you plead guilty immediately, you lose any opportunity to fight the DUI charge.
- If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances. Admittedly, a plea deal means you would plead guilty, but the process can render a better outcome than an immediate plea of guilty. In some jurisdictions, you may be able to plead down to a lesser offense.
- The sentencing is often harsher when given in response to a plea of guilty during the arraignment, as opposed to what a plea deal would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate.
If it's your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not fight to get the charge dismissed or to get yourself acquitted, it will be your first drunk driving charge. With the latter on your record, you want to keep in mind that subsequent DUI convictions will assuredly lead to harsher penalties.