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Virginia DUI Lawyer

Driving Under the Influence in Virginia

If you’re facing a DUI charge in Virginia, the stakes are high. A DUI conviction can lead to serious consequences, including jail time, hefty fines, and a permanent criminal record. At Tarris Law, we understand the gravity of a DUI charge and are dedicated to providing aggressive, strategic legal defense to protect your rights and future. Our experienced Virginia DUI defense attorneys are here to help you navigate this challenging time and fight for the best possible outcome.


What is DUI in Virginia?


In Virginia, Driving Under the Influence (DUI) is defined under Virginia Code § 18.2-266. This statute makes it illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Commercial drivers are held to a stricter standard, with a limit of 0.04%, and drivers under 21 may face penalties for any detectable alcohol in their system. Additionally if you appear intoxicated you can be charged even if you are below a .08!


DUID (Driving Under the Influence of Drugs) Explained


The same Virginia statute (§ 18.2-266) also covers Driving Under the Influence of Drugs (DUID). This means that, in addition to alcohol-related DUIs, individuals can be charged if they are found to be impaired by drugs, whether illegal, over-the-counter, or prescription medications. Although commonly referred to as DUI, the law encompasses both alcohol and drug impairment under a single code section.


Penalties for DUI in Virginia


Virginia imposes strict penalties for DUI convictions, which escalate with multiple offenses. Potential consequences include:


  • First Offense: Up to 12 months in jail, fines between $250 and $2,500, and a one-year license suspension.
  • Second Offense: Mandatory jail time, higher fines, a three-year license suspension, and mandatory ignition interlock installation.
  • Third Offense: Classified as a felony, with substantial jail time, significant fines, and an indefinite license suspension.


Additional consequences may include enrollment in alcohol education programs, installation of an ignition interlock device, and increased insurance premiums. Because of the serious, long-lasting impacts, defending against a DUI charge is essential.


How Tarris Law Can Defend Against DUI Charges


At Tarris Law, we understand that every DUI case is unique. Our defense strategies are tailored to the details of your case, and we leverage our knowledge of Virginia DUI laws to seek the best possible outcome. Common defense strategies include:


  • Challenging Breath or Blood Test Results: Examining the accuracy and administration of breathalyzer and blood tests, especially if proper procedures were not followed.
  • Questioning Officer Observations: Disputing the officer’s assessment of behavior and field sobriety tests, which can be influenced by factors unrelated to alcohol impairment.
  • Medical and Health Conditions: Demonstrating how certain medical conditions or prescriptions may have influenced BAC results or physical behavior.
  • Illegal Traffic Stop: Arguing that the initial traffic stop lacked reasonable suspicion, which could make collected evidence inadmissible.


Possible Outcomes in DUI Cases


Our goal is always to minimize the impact of a DUI charge. Although every case is different, our attorneys strive for the most favorable outcome, which may include:

  • Dismissal of Charges: In cases where evidence is weak or police procedures were flawed, we may seek a full dismissal.
  • Reduction to a Lesser Charge: When appropriate, we negotiate to reduce DUI charges to lesser offenses, such as reckless driving, which can carry less severe penalties.
  • Reduced Penalties: Negotiating for alternative sentencing, like restricted licenses or community service, instead of jail time.


Virginia’s Implied Consent Law


Under Virginia’s implied consent law (§ 18.2-268.2), drivers must submit to a breath or blood test if a law enforcement officer has probable cause to believe they are under the influence and arrest them. This test is done at the jail. You have a right to refuse the roadside test and should considering exercising that right if you believe you may be intoxicated. You should never take a field sobriety test. At Tarris Law, we thoroughly review every aspect of the stop and arrest to ensure your rights were protected and that evidence was collected lawfully.


Why Choose Tarris Law for Your DUI Defense?


At Tarris Law, we bring experience, knowledge, and dedication to every DUI case. When you work with us, you receive focused, personalized attention and a client-centered approach. Here’s why clients choose us:

  • Experience in DUI Defense: Our attorneys have extensive experience with Virginia DUI cases and understand the legal strategies that work.
  • Client-Focused Approach: We prioritize open communication, transparency, and collaboration with every client, keeping you informed at each stage of your case.
  • Aggressive Representation: We are committed to protecting your rights and achieving the best possible outcome, whether that means dismissal, reduction, or minimized penalties.


Contact Tarris Law for a Consultation Today


If you’re facing a DUI charge in Virginia, don’t wait to secure experienced legal help. Contact Tarris Law today for a consultation with a skilled Virginia DUI defense attorney. We’re here to answer your questions, discuss your options, and begin building a strong defense to protect your rights and your future. Take control of your case—reach out to Tarris Law today.

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