After you have been arrested for driving under the influence, your first course of action should be to retain the services of a skilled and accomplished criminal defense lawyer like Scott Barney. DUI convictions in Virginia beach carry harsh consequences, including fines, jail time, community service, probation, suspended driver’s license, inability to find a job with a conviction, and lasting damage to your ability to provide for and care for your family.
The best decision you can make during this stressful time is to hire Scott Barney, a Virginia Beach DUI Lawyer, to aggressively defend the drunk driving charges for you. Scott Barney has a decade of experience with litigating a variety of criminal cases in Virginia Beach courtrooms, including driving under the influence. With our experience, passion for justice, and extensive background in criminal law, we are ready to show you why Scott Barney can help you with your case. To set up a free initial consultation regarding your DUI matter, call 757-383-7532 now.
Types of DUI
There are four types of DUIs in Virginia beach:
First-offender DUI carries the lightest possible sentences, but don’t let that fool you – you still face considerable jail time. The potential maximum sentence varies depending upon your blood alcohol concentration (BAC). In Virginia, it is illegal to drive with a BAC over .08. When you are pulled over and the officer suspects you are driving under the influence, the officer will request a breathalyzer sample. A breathalyzer is a small device that you blow into that will calculate the BAC based on particles in your breath. If you clock in at over .08, the officer will presume you are intoxicated. The officer may also conduct a series of field sobriety tests, such as the horizontal nystagmus test or a balancing test. If you fail the tests and breathalyzer, you will be arrested for DUI.
Multiple-offender DUI carries extreme sentences. The Virginia legislature has begun cracking down on drunk driving, and as a deterrence, the legislature has imposed steep penalties for subsequent DUI arrests. The possible maximum sentence depends largely upon how long ago your previous conviction was, as well as your BAC level. Subsequent offenses carry mandatory jail time, whereas first-time offenses usually carry suspended sentences, probation, and alcohol awareness classes.
Felony DUI is reserved for multiple offenders. If a defendant has two or more DUI convictions and gets a third DUI conviction in the 10 year period following the previous convictions, the defendant will be charged as a felon. Potential penalties included revocation of your driver’s license, thousands of dollars in fines, seizure of your car, lengthy periods of incarceration, and an ignition interlock device installed in your car.
The .08 BAC applies only to adults. For minors under the age of 21, a BAC of .02 is criminalized as a class 1 misdemeanor. However, BAC levels between .02 and .08 face less harsh sentences than those over .08. BAC levels between .02 and .08 are usually punished with community service, suspension of driver’s license, fines, and alcohol safety classes. Minors with BACs above .08 are punished as adults.
Seek Legal Assistance with Your DUI Charges Today
The attorneys with Scott Barney understand criminal laws and procedure and have an abundance of experience with negotiating pleas and sentences, advocating for diversion, and having charges dismissed by the virginia commonwealth’s attorney.
Call our law office today at (757) 383-7532 to schedule an initial consultation and finally get the justice you’ve been searching for.