DUI

If you have been charged with DUI, you need to hire a lawyer with the experience, knowledge and ability to successfully defend your DUI in Court.

What is DUI?

The most common type of DUI charged in Virginia is a violation of Virginia Code Section 18.2-266 as it relates to alcohol.

Virginia Code Section 18.2-266 sets out .08 as the "legal limit" in Virginia for DUI cases, it states in part: "It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test."

In addition to the language listed above, Virginia Code Section 18.2-266 (DUI) also criminalizes Driving Under the Influence of Drugs (DUID).

What Are Possible Punishments for DUI?

Upon convition for a first DUI, defendants are exposed to numerous potential punishments including:

• Incarceration in Jail for Up to 12 Months
• Criminal Record (DUI Conviction)
• A Fine of up to $2500.00
• Supervised Probation
• Loss of Driving Privileges for up to 12 months
• Ignition Interlock
• ASAP

Impact of Blood Alcohol Content (B.A.C.)

There are enhanced mandatory minimum punishments for persons convicted of DUI with an elevated B.A.C. These include a mandatory term of incarceration of 5 days in jail for a DUI conviction where the B.A.C. level is between .15 and .20 and a mandatory term of incarceration of 10 days in jail for a DUI conviction where the B.A.C. level is above .20.

In addition to the DUI punishments listed above, persons convicted of a second or subsequent DUI face enhanced punishment which can include additional loss of license, additional jailtime and other court requirements.

Persons charged with third or subsequent DUI can be convicted of a felony depending on the circumstances. A felony DUI conviction can lead to long term incarceration and permanent revocation of your right to drive in Virginia.

Our Experience

Make no mistake - Virginia prosecutors are aggressive and seek convictions. To protect your rights and preserve your freedom, you need a knowledgeable defense team that will aggressively challenge the prosecutor's case. Our attorneys have extensive experience in defending clients in all state and federal courts. We have the ability to evaluate the strength of the prosecutor's case, and how to negotiate for lesser charges or obtain alternative sentencing options. In the event a resolution acceptable to the client is not available, the firm has extensive and successful experience in defending all types of criminal cases at the trial and appeal level. Our experience includes trials of the simplest misdemeanor cases to trials of complex felony cases. Whether your matter involves a charge of assault and battery, drug trafficking, insurance fraud, or any other criminal matter, a committed defense lawyer at Davidson & Kitzmann, PLC will work to defend your rights and preserve your freedom. Our attorneys have over 15 years of experience. We routinely handle criminal cases in state and federal court, both at trial and at the appellate level.

Contact Us

If you are facing criminal allegations, we are prepared to stand up for your rights. Call us today at (434) 972-9600 or contact us online.

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