A DUI IS TWO CASES AT ONCE
In Virginia, it’s illegal to drive with a blood-alcohol concentration of 0.08% or higher — lower for commercial drivers (0.04%) and drivers under 21 (0.02%) (Va. Code § 18.2-266). But a charge doesn’t require a breath test at all: an officer’s observations of your driving, speech, and field sobriety tests can support one. And under Virginia’s implied-consent law, refusing a breath or blood test after a lawful arrest carries its own license suspension, separate from the DUI itself (§ 18.2-268.3).
That’s why a DUI is really two cases running side by side — the criminal charge and the administrative hit to your license — and why the details matter so much. Was the stop lawful? Was the testing equipment properly calibrated and administered? Were your rights observed? A first offense is a Class 1 misdemeanor that can bring jail time, a fine, a year’s license suspension, mandatory alcohol-safety classes (VASAP), and an ignition interlock — with harsher, mandatory penalties as the BAC climbs or offenses repeat. Every one of those pressure points is something an experienced defense can challenge.
THERE’S 15,000+ DUI CONVICTIONS EACH YEAR
DUI IN VIRGINIA: WHAT TO KNOW
What’s the legal limit?
0.08% BAC for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21 (Va. Code § 18.2-266). You can also be charged based on an officer’s observations without a specific BAC reading.
What are the penalties for a first offense?
A Class 1 misdemeanor: up to 12 months in jail, a fine starting at $250, a one-year license suspension, VASAP, and ignition interlock for a restricted license. A high BAC brings mandatory minimum jail time, and second and third offenses escalate sharply — a third within 10 years is a felony.
What happens if I refused the breath test?
Virginia’s implied-consent law imposes an automatic license suspension for refusal, separate from the DUI case (§ 18.2-268.3). It’s a distinct issue we address as part of your defense.
Can a DUI charge be challenged?
Often, yes. The lawfulness of the stop, how field sobriety and chemical tests were administered and calibrated, and whether your rights were protected are all fair game. These are exactly the pressure points we examine.
What should I do after a DUI arrest?
Say as little as possible, don’t discuss the case, and call a lawyer quickly — the administrative license deadlines move fast, and early action preserves the most options.
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The administrative deadlines on your license start running the day of the arrest — the sooner we’re involved, the more we can protect. Reach us by text, chat, phone, or email, or call 757-622-3317.