Virginia does not deal lightly with drunk and drugged drivers. As you fight your DUI charges, make sure that you do so with a Virginia Beach criminal lawyer from McCormack & McCormack by your side. If you choose to work with us, you will receive aggressive defense from a team who will remain at your side. Contact us at (888) 490-0876.
Driving under the influence (DUI) of alcohol and drugs is a danger not only to the driver and their passengers, but to anyone else sharing the roads. That is why the commonwealth of Virginia has very strict and harsh laws regarding the punishment of DUI offenders.
Anyone who is found to be driving with a blood-alcohol content (BAC) of 0.08% or higher can be arrested for driving under the influence. If you are under 21, however, you can be arrested for a BAC of 0.02% or higher since Virginia is a "zero tolerance" state.
For a first DUI offense, an offender is facing:
The penalties dramatically increase for second or subsequent convictions, depending on the time that has elapsed since your prior conviction, with subsequent offense convictions carrying an increasing range of mandatory minimum time as the number of offenses increases.
Additionally, if your blood-alcohol level is over 0.15 or 0.20, there are separate mandatory jail sentences upon conviction. Once a defendant is charged with a third offense DUI, the charge becomes a felony.
There are a number of different ways to fight charges of DUI in Virginia Beach. Police misconduct is the most common cause for dismissal. Police officers can only pull you over if they have been tipped off by another motorist or witness, or if they witness signs of intoxication themselves. After you've been pulled over, they must treat you with respect and take adequate measures to determine whether or not you are intoxicated.
If they make a mistake when guiding you through field sobriety tests, or if they fail to calibrate a breathalyzer machine before having you take a breath test, you may have grounds for dismissal of your case based on police misconduct.
Speak with a Virginia Beach DUI attorney from McCormack & McCormack right away if you have been charged with drunk driving. Our lawyers will thoroughly investigate the circumstances of your arrest and will help you present strong evidence of misconduct or a faulty BAC test result. We are also capable of providing DUI defense for military men and women who are facing charges that may damage their future military career. Our attorneys have experience in military criminal defense with the U.S. Army Judge Advocate General's Corps. Contact us at your earliest convenience to schedule a case evaluation with an attorney who will fight tirelessly against a wrongful conviction.
We are proud to represent clients in and around Hampton Roads, including Virginia Beach Norfolk, Chesapeake, Portsmouth, Newport News, Suffolk, Hampton and Northampton and Accomack Counties on the Eastern Shore.