Despite the availability of ride-share services, many people still take risks by driving after drinking. A DUI arrest can be not only embarrassing but can also impact future job opportunities and is considered a serious criminal offense. It’s essential to hire an experienced DUI attorney who can aggressively defend against the charges.
The consequences of a DUI conviction can include hefty fines, potential jail time, and a suspended driver’s license, among other penalties.
If you find yourself facing a DUI arrest, it’s crucial to have solid legal representation. At Clinton O. Middleton, Attorney at Law, PLLC, our experienced Manassas DUI lawyers are dedicated to helping you. We strive to reduce or even drop your charges entirely. We have successfully represented clients facing various criminal charges throughout Prince William County and the surrounding areas in Northern Virginia. We know that you want positive results as quickly as possible, and you can rely on us for a strong defense against your DUI convictions so you can move forward with your life.
If you’re dealing with a DUI convictions, don’t hesitate to contact Clinton O. Middleton, Attorney at Law, PLLC, at 703-777-9630 today.
DUI Arrest: What Counts as a DUI/DWI in Virginia?
In Virginia, the terms DUI (driving under the influence) and DWI (driving while intoxicated) are used interchangeably, as the same DUI laws govern both charges. Virginia Code Section 18.2-266 outlines the regulations regarding DUI/DWI offenses.
According to §18.2-266, these actions are seen as illegal for anyone driving or operating a motor vehicle:
Breath or Blood Alcohol Concentration (BAC): A BAC of 0.08% or higher is illegal.
Impairment from Alcohol: A person can be charged if their level of intoxication affects their speech, behavior, movements, appearance, or overall demeanor.
Impairment from Drugs: DUI of drugs that impair driving ability is also prohibited.
Specific Drug Concentrations: The law sets thresholds for certain drugs, including:
- 0.1 milligrams of methamphetamine per liter
- 0.02 milligrams of cocaine per liter
- 0.1 milligrams of MDMA/Ecstasy per liter
- 0.01 milligrams of PCP per liter
It’s important to note that you can still be charged with a DUI/DWI even if your breath or blood test results are below these levels. In such cases, the prosecution must only demonstrate that your driving ability was impaired. It can be established through witness testimonies, field sobriety tests, and observations from the arresting officers.
A police officer plays a crucial role in identifying suspected DUI/DWI offenders, especially in situations where medical issues may mimic signs of intoxication.
Underage DUI/DWI Laws in Virginia
Virginia has a strict zero-tolerance policy for anyone under 21 who drives after drinking alcohol. Virginia Code Section 18.2-266.1 states that people under 21 cannot drive a vehicle with (BAC) of 0.02% or higher. Although this isn't classified as a formal DUI/DWI charge, it carries similar penalties.
If convicted, an underage driver could lose their driving privileges for one year. They may also face a minimum fine of $500 or be required to complete 50 hours of community service. When someone underage is charged with this offense, it is often called a "Baby DUI" or Driving After Illegally Consuming Alcohol.
The Virginia DWI/DUI Definition of "Driving"
In Virginia, you can get a DUI charge even if your vehicle is not moving. A person can be arrested for driving while drunk if they are either actively driving or operating a vehicle. "Operating" refers to being in "acute physical control" of the car, whether the engine is on or off. For instance, you could face a DUI charge if you're sitting in your car after drinking, waiting for your Uber on a chilly night.
A significant case from 2015 involved a man who was convicted of DUI while he was asleep in his parked vehicle outside a restaurant. In the Commonwealth v. Hansell Lopez case, the court ruled that he was in "acute physical control" of the vehicle because he held the car's key fob, even though the engine was not running.
Criminal Penalties for DUI Charges in Virginia
Criminal offenses like DUI are serious crimes because they endanger the driver and everyone around them. The penalties for a DUI can vary based on how many offenses a person has had in the past. Here’s a breakdown of the penalties for DUI charges in Virginia:
First DUI Offense:
- A driver’s license suspension for one year.
- A minimum fine of $250.
Second DUI Offense:
- A minimum fine of $500.
- A three-year suspension of the driver’s license.
- If the first offense occurred within ten years of the second, the driver could face up to one year in jail, with at least ten days mandatory.
- If the first offense was five years prior, the driver could serve at least 20 days in jail.
Third DUI Offense:
- An indefinite suspension of the driver’s license.
- A minimum fine of $1,000.
- A Class 6 felony charge.
- If this is the third offense within ten years, the driver must permanently forfeit their vehicle if they own it and could face a minimum of 90 days in jail.
- If the third offense occurred within five years, the driver could serve at least six months in jail.
Fourth DUI Offense:
- A minimum jail time of one year is required.
Other Consequences to Consider
Besides fines and possible jail time, DUI charges can result in a criminal record, which has many other consequences that can impact a person’s life. A DUI arrest can be embarrassing and costly, making everyday tasks more difficult.
Driver's License Suspension:
Many people convicted of DUI lose their driver's license for a period ranging from a few months to several years, depending on past offenses. Losing your license can make getting to work, grocery shopping, or spending time with family and friends easier. It can also be expensive if you use ride-sharing services for transportation.
Job Opportunities:
A DUI and criminal conviction can affect your job opportunities for a long time, making it crucial to hire skilled criminal defense lawyers. Juggling a full-time job with court appearances, community service, or jail time can put your employment at risk. If you’re in the job market, a DUI on your record can significantly limit your options. Most employers conduct background checks, and a DUI conviction can be a barrier to employment, even for roles that don’t involve driving.
Professional Licenses:
You must report a DUI offense to the licensing board in many states. It can have severe consequences for those with medical, teaching, or commercial driver's licenses, potentially leading to job loss or revocation.
Background Checks:
As noted earlier, employers and other entities like banks, colleges, and landlords often perform background checks. A DUI conviction can complicate your chances of getting a loan, applying for college or scholarships, or securing a rental property.
Auto Insurance:
After being arrested and convicted of DUI, your car insurance costs will probably increase, or they may cancel your coverage altogether.
So, a DUI charge not only brings about criminal charges, fines, and potential jail time but also threatens to disrupt your life in significant ways. These consequences can strain your relationships with family and friends. Having an experienced DUI defense lawyer is essential if you find yourself in this situation. At Clinton O. Middleton, Attorney at Law, PLLC, we understand the profound impact a DUI arrest and criminal conviction can have, and we are committed to vigorously defending your rights.
Prince William County DUI Defenses
If you’ve been charged with a DUI, you can fight those charges. Experienced DUI lawyers are crucial in navigating the complexities of DUI charges and legal defenses. At Clinton O. Middleton, Attorney at Law, PLLC, our DWI defense Manassas attorneys are knowledgeable, highly skilled, and ready to defend against even the most severe DWI/DUI charges. You can trust in our expertise.
The DUI defense attorneys at Clinton O. Middleton, Attorney at Law, PLLC use various strategies to help clients facing drunk driving charges:
Invalid Traffic Stop:
Police officers need a valid reason to pull you over, like speeding or swerving, especially in cases of a drunk driving arrest. If we can prove the officer had no justification for stopping you, any evidence collected during the arrest, including breathalyzer and field sobriety test results, may be dismissed.
Lack of Probable Cause:
Officers must have probable cause to charge you with DUI, which can be based on signs like slurred speech and the smell of alcohol or failed field sobriety tests. If your attorney can show no probable cause for your arrest, the evidence against you could be ruled inadmissible.
Faulty Field Sobriety Test:
Police must follow specific procedures when conducting standardized field sobriety tests. Your Manassas DUI lawyer can challenge the validity of these tests if they do not adhere to the proper protocols, which may lead the judge to consider the results invalid.
Unreliable Breath and Blood Tests:
The equipment used for blood and breath alcohol testing can sometimes need to be more accurate. If a breathalyzer is not calibrated correctly or the tests are improperly administered, we can dispute the test results.
If your rights were violated during your arrest—such as unlawful searches or not being allowed to remain silent—there is a possibility that your charges may be dismissed. It is a potential outcome that can give you hope in your situation.
Having skilled representation can make a significant difference in your case.
Why You Need an Experienced Criminal Defense Attorney
If you're facing a DUI charge, your future could be at risk, and it's essential to take this seriously. Whether it's your first DUI charge or prior offenses, having a top DUI lawyer on your side is crucial.
DUI attorney Clinton O. Middleton, Attorney at Law, PLLC, assists Northern Virginia and Prince William County residents in fighting criminal charges like DUIs. We also work on personal injury cases, estate planning, civil lawsuits, and other legal matters. We know that a strong defense against drunk driving charges relies on effectively challenging the evidence against you and ensuring the prosecution proves its case in court.
Contact Us for Strong DUI Defense in Manassas
Suppose you've been charged with drunk driving and are facing a DUI conviction. In that case, it's essential to start planning your defense immediately with a qualified Manassas DUI attorney. Contact Clinton O. Middleton, Attorney at Law, PLLC, to schedule an initial consultation. You can call us at 703-777-9630 or fill out our online contact form.