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Site by Robinson Law, PLLC 464 Herndon Parkway, Suite 600, Herndon, Virginia 20170 Phone: (703) 657-9867 |
Virginia DUI AttorneyMichael A. Robinson, Esq.
To charge you with a DUI, law enforcement must first have reasonable suspicion to stop you and probable cause to arrest you – often times they have neither.
Don’t assume that you are guilty. A DUI conviction can have serious consequences. As a former Prosecutor and current defense attorney, Michael Robinson, Esq. has seen thousands of these cases and is the aggressive and experienced DUI Attorney you need to fight your charge.
Submit the free online Virginia DUI case evaluation form below and DUI Attorney Michael Robinson will contact you directly for a free consultation. If you are unsure or unable to provide certain information, leave those fields blank and complete the information you can. |
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Don't Let a DUI Ruin Your Life Consequences that can flow from a DWI arrest and prosecution include: loss of your driver’s license, vehicle impoundment, heavy fines, court costs and extensive administrative fees, probation, jail, etc. If you are found guilty of DUI, your conviction can give you a permanent criminal record which could have even bigger consequences such as loss of your job or being prevented certain future employment – especially if it is a government job or involves driving. There are other somewhat hidden penalties for these convictions. Virginia DUI laws are strict - and the punishments are often harsh. Some of your friends or loved ones may advise you to represent yourself in court, or to retain an attorney that does not concentrate their practice on DUIs. Given the complex nature of these charges and the potential penalties you could face, you need to protect yourself from losses of your rights and privileges – hire an attorney with the experience and aggressive defense you need to fight your DUI charge. Contact attorney Michael A. Robinson of Robinson Law, PLLC for your free consultation! Breath TestsWhen you are pulled over for probably cause or for another traffic offense and law enforcement has reason to believe you are intoxicated, you are not given the choice as to which types of tests you will be required to take. If the officer had reasonable suspicion to believe you are intoxicated, you were required to take a breath test. Refusing to take this test is a misdemeanor. If you have had a prior DUI/DWI conviction and also refused to take the breath test in that instance, refusing the breath test again can carry a three-year license suspension penalty. The appropriate administration of the breath test, and establishing that the officer had reasonable suspicion to require you to take the test, are areas of the DUI defense investigation that must be examined very carefully. Definitions Driving under the influence (DUI) and driving while intoxicated (DWI) both refer to driving a motor vehicle (automobile, boat or watercraft) with a blood alcohol concentration (BAC) at a level where you can be arrested. In Virginia, this level is 0.08%. It is possible to be convicted of a DUI or DWI even if your BAC is less than .08%. If law enforcement can prove that you are under the influence of drugs that impair your driving, you can be arrested for a DUI with a BAC of zero. This type of DUI can include even the influence of legal prescriptions or over-the-counter drugs if it is proven that those drugs impaired your driving capabilities. Impaired driving means that your skills, judgment, coordination and response time are affected before your BAC reaches the legal level, or if you are using drugs.
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Virginia DUI Penalties Virginia Code § 18.2-270 highlights the penalties associated with driving under the influence, driving while intoxicated; subsequent offense and prior conviction. § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction. 1st DUI Offense Any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person's blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, if the level was more than 0.20, for an additional mandatory minimum period of 10 days. 2nd DUI Offense Any person convicted of a second offense committed within less than five years after a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence.
The Implied Consent Law in Virginia The implied consent law in Virginia means that as a driver in the State of Virginia you agree to submit to a chemical test of your blood, breath or urine if a peace officer has reasonable cause to believe you are under the influence of Alcohol or Drugs. If you refuse to submit to such a test you will be charged with refusal to take a blood alcohol test. The court may suspend your license if you are found guilty of the offense, and you may be subject to some of the same penalties that a DUI conviction would bring. |
