The Role and Importance of a Warrenton DUI Lawyer
A DUI charge in Virginia is a serious legal matter that can have significant repercussions. From the potential loss of your driver’s license to substantial fines and even jail time, the stakes are high.
The legal process can be overwhelming and isolating, but remember, you’re not alone! That’s why it’s essential to clearly understand how a Virginia DUI attorney in Warrenton can help you out and why hiring a skilled professional is a smart move.
Defining DUI in Virginia
In Virginia, driving under the influence is legally defined as operating a motor vehicle, boat, or watercraft with a blood alcohol content (BAC) of 0.08 percent or higher. However, even if your BAC is lower, you can still be considered under the influence if it impairs your ability to operate a vehicle. This gray area in VA DUI cases highlights the need for an aggressive DUI defense lawyer.
The Warrenton DUI lawyers at Ashwell & Ashwell PLLC have the experience to assist you in navigating the legal process, gathering evidence, and constructing a solid defense to effectively combat your DUI charge.
Understanding Legal Limits for DUI Offenses
BAC Limits in Virginia
If you’re suspected of drunk driving, an officer may ask you to take a test to check for alcohol in your system. Different factors affect blood alcohol concentration (BAC) limits.
- For individuals 21 and older, the most common limit is 0.08 percent.
- Commercial drivers face a stricter limit of 0.04 percent.
- Individuals under 21 have an even lower limit of 0.02 percent.
According to Va. Code §18.2-269(A), BAC test results are admissible as evidence in a DUI trial.
DUI Penalties in Virginia
DUI penalties in Virginia vary based on the number of offenses and the circumstances:
- First and second DUI/DWI offenses are classified as Class 1 Misdemeanor crimes. The penalties include up to 1 year in jail, fines of $250.00 to $2,500.00, 12-36 months of driver’s license suspension, alcohol education classes, and probation.
- High BAC levels can result in more than one year in jail.
- A third DUI driving under the influence conviction is treated as a felony. The penalties include a mandatory minimum 90-day jail sentence, a $1,000 fine, 1-5 years of imprisonment, and the permanent loss of your driving privileges.
DUI charges in Warrenton carry serious consequences, which is why a skilled attorney is essential.
At Ashwell & Ashwell PLLC, our experienced VA lawyers are well-versed in Virginia’s DUI law. We provide a strong defense strategy for driving under the influence or refusal cases, covering all aspects, from the legality of the police officer doing the stop to the accuracy of tests. You can trust us to handle your case and achieve the best possible outcome.
How a DUI Attorney Can Assist In Your Case
DUI attorneys are professionals in handling DUI cases and provide invaluable support to your defense. They have a deep understanding of the legal system and can navigate it effectively, ensuring accurate acquisition and presentation of evidence.
A skilled attorney from our firm can help your DUI case in the following ways:
Investigate Your Arrest: Our team can review the evidence, identify potential inconsistencies or errors in the police report, and challenge illegal stops or arrests. For instance, if we can demonstrate that an officer stopped you without a valid reason or failed to follow the proper procedures, the court might dismiss your case.
Evaluate the Evidence: We will assess the accuracy and admissibility of BAC tests like breathalyzers and blood tests. If the breathalyzer was not calibrated properly or the chemical test was not conducted correctly, we will work to exclude the test results from the evidence.
Build a Solid Defense: To counter the prosecution’s arguments, our team will build a strong defense based on the evidence and circumstances of your case. In the event that other factors, such as medication or food, may have affected your blood alcohol level, we can use this to argue that the results are not accurate.
Negotiate With Prosecutors: Where possible, we can negotiate with the prosecutor to reduce the charges or penalties you’re facing. If the evidence against you is strong, a plea bargain might be the best move. No matter what the case may be, our team will work tirelessly to minimize the impact of a DUI charge on your life.
Call us today to schedule a consultation and learn more about how we can help you.
Secure Your Best Shot at Justice with Ashwell & Ashwell PLLC Attorneys
When facing DUI charges, it’s crucial to have experienced and skilled legal representation on your side. At Ashwell & Ashwell PLLC, our attorneys have a successful track record of defending DUI cases in Warrenton, VA, and the surrounding areas. We understand Virginia’s DUI laws and are fully dedicated to protecting your rights.
Moreover, we’re proud of the vast experience of our legal team. With years of hands-on experience in effectively defending DUI charges, we’ve built strong relationships with local courts and law enforcement agencies.
This invaluable connection helps us navigate the legal system smoothly, ensuring every case is handled quickly and skillfully. Contact us today to schedule a consultation with a skilled VA Virginia DUI lawyer.
Frequently Asked Questions
Can I have my DUI records sealed in Virginia?
In Virginia, individuals who have had their cases dropped or dismissed can have their arrest records or DUI convictions expunged or sealed. It’s important to note that sealing the record does not erase it. While sealing keeps the criminal record accessible to law enforcement agencies, it prevents access by others, such as employers conducting background checks.
However, it’s worth mentioning that expungement is only available for defendants who are innocent or wrongly accused, as Virginia does not allow expungement of a DUI conviction.