Virginia Beach DUI

Most people are aware of the dangers of drinking and driving. Nevertheless, thousands of Virginia drivers are arrested and charged with driving under the influence (DUI) each year. If you were recently charged with DUI, it is important to be aware of the numerous Virginia Beach DUI laws, and how they apply to your case. You should also consider seeking legal counsel for your defense, as having an experienced attorney on your side can greatly improve your chances of obtaining a favorable outcome in court.

Contrary to popular belief, your driving abilities do not have to be impaired in order for you to receive a DUI violation. Under Virginia’s per se intoxication laws, anyone who operates a vehicle with a blood alcohol content (BAC) above the legal limit of .08% can be charged with DUI—regardless of his or her driving abilities. Meanwhile, drivers who display signs of impairment can also be charged with DUI—even if their BAC is well below the legal limit.

If a police officer suspects that you are under the influence of alcohol or drugs, he or she may ask you to complete a series of simple exercises known as field sobriety tests. You are not legally required to perform these exercises. However, if you do agree to complete a field sobriety test, be aware that your results can constitute probable cause for your arrest. In other words, if the officer believes you showed signs of impairment during the tests, these observations can be used to justify your arrest.

Although field sobriety tests are entirely voluntary, if a police officer requests chemical testing (blood, breath, or urine tests) to determine your BAC, you are legally required to comply with this request. Under the state’s Implied Consent laws, refusing such tests can lead to additional charges.

DUI is classified as a Class 1 misdemeanor in the state of Virginia. As a result, the maximum penalties for a conviction may include a fine of $2,500 and a one-year jail sentence—even if it is your first offense. Anyone who is convicted of DUI will also lose his or her driving privileges for a year, regardless of the circumstances. You may face additional penalties if your BAC was extremely high or have been convicted of DUI in the past.

If you were recently arrested for driving under the influence in Virginia, attorney Michael C. Tillotson is here to help. After over a decade of experience in criminal defense, Mr. Tillotson knows the ins and outs of Virginia DUI laws, and can use his extensive knowledge to ensure your DUI arrest was warranted. Contact Michael C. Tillotson today for your free consultation.