Winchester DUI Defense Lawyers

Aggressive Defense Against DUI Charges in Virginia 

We always hear people getting arrested for DUI (Driving Under the Influence of a controlled substance) or DWI (Driving While Intoxicated). While this may seem like a fairly common happening, DUI is a serious criminal offense. Even if it is your first offense, you could be sentenced to severe consequences, which is why it is crucial that you contact an understanding and knowledgeable attorney to hear you out, take your side, and defend you during your legal prosecution. Call us today to find out how our licensing lawyers in Winchester can help!

At Amable Law, our qualified Winchester DUI defense attorneys take the time to listen to our clients, strive to maintain honest, open communication, and then work tirelessly to provide a fast turnaround with positive results.

Amable Law is a bilingual law firm, serving clients in both Spanish and English. Call us at (540) 739-2001.

IS A DUI A MISDEMEANOR OR FELONY CHARGE?

Determining whether you will be charged with a misdemeanor or felony depends on the circumstances of your case. Typically, in the state of Virginia, the first two DUI offenses within 10 years are charged as misdemeanors, while the third offense (and so forth) within 10 years is charged as a felony.

What are the Penalties For a DUI in Virginia? 

The severity of DUI sentencing in Virginia is tied to certain factors such as the number of offenses, how high the BAC level is, and whether there were minors present. Virginia statutes allow for sentence enhancements for these kinds of aggravating circumstances.

However, in a typical, first-time offense, the defendant who is convicted of a first-time DUI can be sentenced to a maximum of one year of jail time, a 12-month license suspension, and a minimum fine of $250.

Additional Costs of a DUI Conviction

• Miscellaneous legal fees
• Bail
• Increased auto insurance costs
• Court-ordered educational programs
• Wage loss due to jail time

Additionally, a single DUI conviction can severely impact certain career eligibility, such as commercial or bus driver occupations.

In a second-offense for a DUI within 10 years (which is still considered a misdemeanor), the defendant will most likely spend a minimum of 10 days to 12 months in jail, pay a $500 fee and a $50 fee to the Trauma Center, and have a suspended license for three years.

A third offense is a felony, with a sentencing of possibly 90 days in jail, a $1000 fee, plus a $50 payment, and an indefinitely suspended license. Again, this pattern of sentence-increase continues with each repeat offense.

Legal BAC Limits and DUI Laws in Virginia

It is important to understand the legal limitations under Virginia law when it comes to blood alcohol concentration as this is the most common way that the police can determine if you are too impaired to drive.

BAC Limits:

• 0.08% - if you are 21 years or older
• 0.04% - for commercial drivers
• 0.02% - if you are under 21

It is also important to note that if you are under 21 and are convicted of DUI that you will also face “zero tolerance” penalties. Additionally, anyone convicted of a DUI will be required to install an ignition interlock device (IID) in their vehicle. This requires that you breathe into the IID without any trace of alcohol before starting the vehicle to drive.

Top Reasons to Hire a Winchester DUI Lawyer

• They will have your best interest in mind - winning your case
• They will provide you with emotional and mental support through the trial
• They will be able to implement tried-and-true strategies to help win your case
• They will do all that is in their power to win
• They will do the work for you in and out of court