Virginia DUI Defense Lawyer

Frequently Asked Questions about Your Virginia DUI Case

As someone who talks to lots of people who've been arrested on DUI charges in Virginia, I know the most common questions people ask. Here are some of those answers.

If you've got a specific question, and can't find the answer on my site, give me a call or contact me and I'll be happy to talk to you about your case and answer your questions.

The Most Common Virginia DUI Questions

1. How much will it cost to hire an attorney for a DUI case?
2. What penalties am I facing if I'm convicted for DUI?
3. What is the Difference Between a DWI and a DUI?
4. What are the Laws for a DUI if you are under 21?

DUI Stop Questions

For most people reading this site, you've already been arrested, so it's "water under the bridge", and we'll deal with whatever the facts are, but for general information, I'm frequently asked:

1. If I'm pulled over and asked if I'd be drinking, what should I say?
2. Do I have a right to speak with an attorney before performing any tests?
3. Should I agree to perform field sobriety test?
4. Should I agree to the breathalyzer or chemical blood tests?

DUI Penalty Questions

1. Will I be required to have an Ignition Interlock Device installed in my car if I am found guilty of a DUI?
2. How soon will I be able to drive again if I am convicted?
3. What Circumstances can enhance (worsen) a drunk driving penalty?

VA DUI FAQs - Answers

How much will it cost to hire an attorney for a DUI case?

There isn't one simple answer, since it depends on the complexity and seriousness of the case. I'll need to speak with you and ask you a few questions before I can determine what the legal needs of the case will be.

For more on how I determine my fees, see my lawyer fees page.

What penalties am I facing if I'm convicted for DUI?

Virginia DUI penalties vary depending on the offense, your BAC result, and other circumstances. See my DUI laws & penalties page.

What is the Difference Between a DWI and a DUI?

Under Virginia, law there is no difference. In common usage, they are used interchangeably to mean Driving Under the Influence, or "drunk driving".

However, if you were arrested on Federal property, and are charged in Federal Court (the US District Court in Alexandria, for example), then there is a legal distinction.

Under Federal law, a DWI is charged for a BAC result of .08% or higher. A DUI charge is for a BAC between .02 and .08% BAC. It is even possible to be charged with both, simultaneously, under federal drunk driving laws.

What are the Laws for a DUI if you are under 21?

UPDATED: New Law As Of July 1, 2008.

The DUI laws in Virginia for those under 21 are about to change. On 7/1/08, the penalty for an underage DUI with a BAC of over .02% (zero tolerance) will get significantly tougher.

The new penalty will be a 1 year license suspension, and a minimum of a $500 fine or 50 hours of community service.

The old penalty was a 6 month license suspension, and a maximum of a $500 fine.

The new penalty is classified as a Class 1 Misdemeanor, the same as a regular first offense over 21 (.08 BAC or higher) charge.

The old minor DUI Law, before 7/1/08:

If you are under 21, you are subject to a DUI charge if you register anywhere from a .02 to a .07% BAC. This is commonly known as the "Baby DUI" Law (18.2-266.1).

You may be subject to a 6 month license suspension and a $500 fine if convicted under this statute. It is also sometimes called a "zero tolerance" law, since you are not allowed to consume any alcohol and drive if you are under the legal drinking age in Virginia.

If you are under 21, and blow a .08 or higher, you are subject to the same DUI laws and penalties as those of legal drinking age.

If I'm pulled over and asked if I'd be drinking, what should I say?

You don't have to answer the question, on the advice of your attorney. If you do answer that you drank one or two beers, that isn't necessarily a problem, since having a couple of drinks and driving is not illegal.

Do I have a right to speak with an attorney before performing any tests?

No, you don't. Technically, you are not under arrest at that point, so you only have a legal right to speak with a lawyer after you've been arrested, booked, and processed, which also includes a chemical breath or blood test.

Should I agree to perform field sobriety test?

No, you shouldn't. These tests can only be used as evidence against you, and there is no legal requirement that you must do so.

Should I agree to the breathalyzer or chemical blood tests?

This is a tricky question to answer. If you refuse, your driver's license will be suspended for one year, and you won't be able to get any kind of restricted/limited work license during that period, either.

By agreeing and failing the test, you are giving the prosecution incriminating evidence against you. Neither choice is very good.

But in either case, there are often things we can do to fight back. There are ways to challenge both the refusal or the failure in court.

Will I be required to have an Ignition Interlock Device installed in my car if I am found guilty of a DUI?

An ignition interlock device is a small electronic instrument (about the size of a cell phone) that connects to your car ignition. You must blow into it and register under .02 BAC (blood alcohol level) for it to allow the car to start. It may also require you to be tested at different intervals while driving.

Under current Virginia DUI laws, if you are convicted of a DUI after having a BAC of .15 or higher, you must have a device in any car or vehicle you drive when your license is reinstated. The period for which you will need the interlock device is at least 6 months, but depends on the judge's sentence. Also see the VA interlock law.

How soon will I be able to drive again if I am convicted?

After a 1st offense DUI conviction, you license is generally under suspension for one year. However, in most cases, you can get a restricted license that allows you to drive on a limited basis. You may not be eligible for a restricted license until after 30 days in some cases.

What Circumstances can enhance (worsen) a drunk driving penalty?

You can be sentenced to jail time, even on a first offense. And jail time is mandatory in some 1st offense DUI cases. For example,

• If you register over a .15 BAC on a breath test (high BAC), you will face a mandatory 5 days in jail.
• If you are stopped with a minor passenger (17 years old or younger) and found guilty of a DUI, you will also face a mandatory/additional 5 days in jail.

Additional penalty enhancements can also be in effect with these more serious circumstances, including larger fines, more community service, and an ignition interlock device for a high BAC result.

For more details, see my DUI penalties page, and call for a free case evaluation.

DUI laws are technical and complicated, and they often change. Penalties and procedures for getting your driver's license back are also frequently changed by the Virginia DMV. Talk to us about your case, and I'll give you the benefit of my experience in fighting and winning drunk driving trials. I'll let you know exactly what I think is your best chance is to beat the case. Call me today.

---