You Have Rights When Charged With A DUI

Driving Under the Influence is prohibited in the Commonwealth of Virginia under Virginia Code Section 18.2-266. If you have been charged with a DUI or DWI, you will need an aggressive and capable attorney to carefully review the facts surrounding your arrest, and comprehensively examine the evidence against you. Even if you are a first-time offender, you face serious penalties, including:

  • Conviction of class 1 misdemeanor
    Confinement in jail for not more than 12 months and/or a fine of not more than $2,500. Generally, first-time offenders with blood alcohol levels below .12, who did not cause an accident, will not go to jail. Instead, the judge will usually suspend all of the jail time (usually 30 days), and assuming the defendant maintains good behavior and obeys all court orders, you will not have to actually serve time in jail. Therefore, the sentence becomes unsupervised probation.
  • Mandatory ignition interlock
    A device is attached to your car, which prohibits your car from starting unless you are alcohol free. You will be required to blow into this device before starting your car, and every 10-20 minutes while operating your car. The equipment will log your BAC level during each use. If you test positive while driving, or attempt to tamper with the interlock system, the car's horn will sound, and its high beam lights will flash on and off.
  • Virginia Alcohol and Substance Abuse Program (VASAP)
    This is a 20-hour program which focuses on substance abuse and driving, substance abuse and health, and self-evaluation of potential for substance abuse. You will be tested for alcohol/drugs. If tested positive for either, you will immediately be reclassified for treatment.
  • License suspension
    All persons convicted of DUI are, by law, required to lose their driving privileges for one year (or three years for subsequent offenses). The judge no longer has discretion over this punishment. However, he may order restricted driving privileges which would allow you to drive to and from work or medical appointments.

There are a number of defenses that can be asserted to reduce the charge or fight the allegations altogether, and Moheb Legal Defense, PLLC, will not hesitate to take your case to trial if your rights have been violated. Call today to discuss the particular facts of your case, and we will begin preparing a pretrial strategy to provide the best possible defense for you.