Richmond DUI Lawyer

 

Anyone who chooses to drive after drinking runs the risk of a DUI arrest. While the stereotypical impression of DUI is that of a heavily intoxicated driver weaving erratically across the roadway, the fact is that most DUI arrests stem from a traffic stop for a minor violation. In these cases, a driver who thought he was “okay to drive,” finds himself facing a criminal charge and the possibility of fines, jail time, and a prolonged driver’s license suspension. However, a DUI arrest does not necessarily yield a DUI conviction. For help fighting your charge and minimizing any associated legal or administrative penalties, contact an experienced Richmond DUI lawyer to handle your case.

 

What Constitutes DUI in Richmond, Virginia?

 

Virginia, like all other states, considers the legal limit for intoxicated driving to be a blood alcohol concentration (BAC) of 0.08 percent. For commercial vehicle drivers and drivers under the age of 21, however, the threshold for intoxicated driving is much lower. Commercial drivers found to be driving with a BAC of 0.04 are charged with DUI in Virginia. The state shows no tolerance for drinking and driving in those below the legal drinking age, and these underage drivers may be charged with Virginia DUI with a BAC of 0.02—generally the equivalent of one drink.

 

Some drivers arrested for DUI in Richmond may feel inclined to refuse to submit to post-arrest testing to determine blood alcohol concentration. They feel that their refusal to submit to a breathalyzer test or other chemical analysis will deprive the prosecution of valuable evidence and may improve their own DUI defense. However, it is important to keep in mind that Virginia upholds “Implied Consent” law. This means that the state considers anyone who drives upon Virginia roadways to have granted consent to testing. If a person refuses to submit, he or she faces driver’s license suspension and other legal penalties separate from any penalties resulting from a DUI conviction. While a Richmond DUI lawyer may be able to help you win your DUI case and avoid DUI conviction, he or she cannot mitigate penalties stemming from you refusal to submit to testing.

 

What the Penalties for DUI in Richmond?

 

Penalties for DUI in Virginia vary according to the specifics of the offense. For example, penalties for a second DUI conviction are more severe than for a first DUI offense, and penalties for elevated BAC are greater than those convicted with a lower BAC.

 

Under Virginia laws governing intoxicated or impaired driving, even DUI as a first offense can lead to fines, jail, license suspension, and mandatory participation in the state’s Alcohol Safety Action Program (ASAP).

 

Common penalties for DUI in Virginia include:

 

• First Offense DUI: $250 fine (increased by $500-$1000 if transporting a minor), one year license suspension, mandatory ASAP participation; a BAC of greater than 0.15 yields a mandatory minimum of five or ten days in jail and the installation of ignition interlock
• Second Offense DUI: $250 minimum fine, minimum of ten days in jail, $50 payment to the Trauma Center Fund, installation of ignition interlock, and a license suspension of up to three years
• Third Offense DUI: all fines and penalties associated with lesser offenses, a minimum of 90 days in jail, indefinite license suspension which may be appealed after five years, and the possible forfeiture of one’s vehicle

 

A Richmond DUI arrest can be quite costly. In addition to fines of up to $2,500, depending on the specific charge, DUI defendants also face fees and court costs, high-risk SR-22 insurance premiums, Trauma Center Fund payments, ignition interlock installation costs, and more.

 

To minimize the impact of a DUI arrest, contact a qualified Richmond DUI lawyer who can help you fight your DUI charge.

 

How Can a Richmond DUI Lawyer Help?

 

Whether you have been charged with DUI as a misdemeanor or felony offense, facing your DUI charge and your court appearances can be intimidating. For the best result, find an experienced Richmond DUI attorney who knows how to present the strongest defense against your specific DUI charge. Your attorney can thoroughly evaluate your case to explore all defense options, from negotiating a plea for minimal sentencing to launching a vigorous defense for dismissal or acquittal. To find a DUI lawyer in Richmond, call our 24-hour DUI hotline or enter “Richmond” in the MyDUIAttorney search.