4 Questions to Ask Your Virginia DUI Lawyer
A Virginia DUI conviction can affect your freedom and your constitutional rights.
Sometimes, a DUI defense attorney can negotiate with the prosecutor to reduce or dismiss your charges.
There are many important questions to ask your DUI lawyer when facing a DUI charge.
A Virginia DUI lawyer can review the details of your case to determine if a legal defense applies and create a strategy to defend your rights.
If you were charged with DUI in Virginia, Andrew Flusche and Ryan “Fitz” Fitzgerald can help you navigate your criminal case. Contact our team today to schedule an appointment.
1. What Are Virginia’s DUI Laws?
A common question you may want to ask your Virginia DUI lawyer is, What circumstances can result in a DUI charge? Virginia law says an individual commits DUI when they operate a vehicle:
- While impaired by alcohol,
- While impaired by drugs,
- With a blood alcohol content (BAC) at or above 0.08%, or
- While impaired by a combination of alcohol and drugs.
Drivers under 21 years of age cannot have any concentration of alcohol in their blood, or they risk underage DUI charges.
If your Virginia DUI lawyer cannot tell you the basic drunk driving laws, you may want to look for another attorney.
2. What Are the Penalties for DUI in Virginia?
The penalties associated with a DUI depend on whether you have prior drunk driving convictions. A first-time DUI conviction carries the following possible penalties:
- Up to one year in jail,
- A fine of up to $2,500,
- Installation of an ignition interlock device as a condition of a restricted license,
- One year without a driver’s license, and
- Mandatory participation in the Virginia Alcohol Safety Action Program.
A second DUI conviction within ten years of the first conviction carries the following possible penalties:
- Up to one year in jail,
- A fine of up to $2,500,
- Installation of an ignition interlock device,
- Three years without a driver’s license, and
- Mandatory participation in the Virginia Alcohol Safety Action Program.
Offenders convicted of a third DUI within ten years of their first DUI conviction face the following potential penalties:
- Up to five years in prison,
- A fine of up to 2,500,
- Vehicle forfeiture,
- Indefinite license revocation,
- Installation of an ignition interlock device once driving privileges are restored, and
- Mandatory participation in the Virginia Alcohol Safety Action Program.
A DUI conviction can impact your freedom and cost you financially. Hiring a Virginia DUI attorney is the best way to minimize these penalties.
3. Can You Refuse A Sobriety Test?
The National Highway Traffic Administration (NHTSA) developed standardized field sobriety tests (SFSTs) to help officers determine when individuals are impaired and show signs of intoxication.
Common field sobriety tests include:
- Horizontal gaze nystagmus (HGN),
- Vertical gaze nystagmus (VGN),
- One-leg stand, and
- Walk and turn.
Environmental factors and an officer’s personal bias can impact the reliability of SFSTs. Although officers will usually not tell you, you can refuse to complete roadside sobriety tests.
Typically, engaging in these maneuvers can only hurt your case. Thus, you should ALWAYS politely decline them.
4. How Do I Find the Best DUI Lawyer Near Me?
An important trait when searching for the “best DUI lawyer near me” is experience navigating DUI cases. Knowledge of Virginia DUI laws comes with experience trying DUI cases in Virginia courtrooms.
Our team has developed and maintained relationships with officers and prosecutors in local Virginia courtrooms for years. We use these relationships to successfully navigate the criminal justice system and secure positive outcomes for our clients.
Along with our experience in Virginia DUI cases, a member of our team can also help you by:
- Obtaining access to the police report,
- Reviewing the arresting officers’ body-worn camera footage,
- Interviewing witnesses to your traffic stop or drunk driving arrest, and
- Preparing your case for trial if necessary.
Additionally, many criminal defense lawyers provide testimonials from former clients on their websites. These testimonials can give you insight into a particular attorney’s communication style and demeanor.
You can see testimonials from our former clients on our website.
Contact a Virginia DUI Defense Lawyer at Flusche & Fitzgerald
Andrew and Fitz have represented thousands of clients throughout Virginia, including hundreds facing drunk driving charges. We know that not everyone charged with DUI is guilty of committing the crime.
We will take the time to review your case and see if any legal defenses may apply. Our team can offer you an ally during this stressful, confusing time.
If you hire an inexperienced, unprepared lawyer to handle your case, you may find yourself with a lengthy jail sentence and thousands of dollars in fines. Some people think DUI charges do not carry severe penalties, so they are treated lightly.
However, Virginia treats DUI convictions very seriously and imposes grave consequences that increase with each subsequent conviction. Contact Flusche & Fitzgerald to schedule a free consultation with a member of our team.
