Multiple DUI Attorney in Chesapeake

Your Defense Starts With Unmatched DUI Law Knowledge

If you are facing multiple DUI charges in Chesapeake, navigating this difficult journey requires more than determination—it requires proven guidance from attorneys deeply invested in your outcome. At Tillotson & Martin, LLC, we have built our reputation on providing clear answers, steady support, and thoughtful legal strategies shaped by years of experience in Virginia DUI law.

Multiple DUI offenses present unique legal and personal challenges, especially under Virginia law’s harsh penalties for repeat convictions. As a multiple DUI attorney in Chesapeake, we frequently work with clients who are anxious about their future—whether that's maintaining a driver’s license, supporting their families, or safeguarding professional opportunities. 

With each case, we analyze the interplay between statewide statutes and Chesapeake’s specific court procedures, providing clarity around the risks and potential options. Working with a multiple DUI lawyer Chesapeake gives you a critical advantage, ensuring every legal possible defense is considered and no detail is overlooked.

Facing a multiple DUI charge? We offer free and virtual consultations. Call (757) 568-7978 or contact us online to speak with a multiple DUI attorney in Chesapeake today.

Understanding Multiple DUI Laws in Virginia

In Virginia, the crime of Driving Under the Influence (DUI) is primarily defined under Virginia Code § 18.2-266. A person commits this offense if they operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both. The law has specific provisions for when a DUI charge is enhanced due to prior convictions. 

Unlike some other states with a short "look-back" period, Virginia has a very long memory when it comes to DUI convictions; there is no "washout" period. A DUI conviction from decades ago can still be used to enhance a current charge. This is a critical factor for a multiple DUI attorney in Chesapeake to consider.

Key Elements the Prosecution Must Prove

To convict you of a multiple DUI, the state must prove, beyond a reasonable doubt, the following elements:

• Operation of a Motor Vehicle: The state must prove that you were in actual physical control of the vehicle.
• Intoxication: The prosecution must prove that you were intoxicated. This is typically established in one of two ways:
  • Per Se DUI: The state proves that your blood alcohol concentration (BAC) was 0.08% or greater, based on a breathalyzer or blood test result.
  • Subjective DUI: The state proves that you were under the influence of alcohol or drugs and that your mental or physical faculties were substantially impaired, even if your BAC was below 0.08%. This is often proven through an officer's observations and your performance on Field Sobriety Tests (FSTs).
• Prior Convictions: This is the critical element that distinguishes a multiple DUI from a first offense. The prosecution must prove that you have the requisite number of prior convictions for DUI within a specific timeframe. A knowledgeable Chesapeake multiple DUI lawyer will meticulously scrutinize the validity of these prior convictions.

The prosecution's case often relies on a variety of evidence, including police officer observations of your driving, your performance on FSTs, and the results of a breath or blood test. This highly subjective evidence is frequently ripe for challenge by an experienced multiple DUI attorney in Chesapeake.

Classifications and Degrees of Multiple DUI Offenses

Virginia law has a clear progression for DUI charges, with each subsequent offense carrying more severe penalties.

• First Offense: A Class 1 misdemeanor, with a mandatory minimum fine of $250.
• Second Offense within 10 years: A Class 1 misdemeanor. The penalties are significantly increased from a first offense, with a mandatory jail term of 10 days, and a mandatory minimum fine of $500. If the second offense occurs within five years of the first, the mandatory jail term is 20 days.
• Third or Subsequent Offense within 10 years: This is automatically a Class 6 felony, regardless of when the prior convictions occurred. A felony DUI conviction can lead to a prison sentence of one to five years, a mandatory minimum fine of $1,000, and an indefinite license revocation. For a third offense within five years, the mandatory minimum jail term is six months. For a fourth or subsequent offense within 10 years, the mandatory minimum jail term is one year.

It is also important to note that a multiple DUI charge can be filed alongside other offenses, such as driving with a suspended license, reckless driving, or an open container violation. A knowledgeable Chesapeake multiple DUI lawyer will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Collateral Consequences

A criminal record for a DUI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony DUI conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

Building a Strategic Defense for Multiple DUI Offenses

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. As a seasoned Chesapeake multiple DUI lawyer, we will leverage every possible defense, including:

• Challenging the Traffic Stop: An officer must have reasonable suspicion to pull you over. If the stop was illegal, all evidence obtained as a result may be suppressed.
• Disputing Field Sobriety Tests (FSTs): These tests are notoriously unreliable. We can argue that your performance was affected by medical conditions, fatigue, or environmental factors rather than intoxication.
• Questioning Chemical Test Accuracy: The accuracy of breathalyzer and blood test results can be challenged based on issues with the equipment, the testing procedures, or the chain of custody. We can argue that a false positive was caused by mouth alcohol or that the test was not administered correctly.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
• Challenging Prior Convictions: The state must prove that your prior convictions are valid. If we can challenge the validity of a prior conviction, it may prevent the enhancement of your current charge.

Why Trust Tillotson & Martin, LLC With Your Multiple DUI Defense

Not every law firm can claim leadership in Virginia DUI defense. Our attorneys are relied upon by other lawyers for their insight—we have authored major texts on Virginia DUI law and regularly instruct legal peers on breath and blood alcohol testing. This commitment to the legal community means we are always at the forefront of DUI defense developments. 

For clients in Chesapeake, it translates to a real advantage: your defense is guided by professionals who know Virginia’s legal landscape inside and out. With broad experience spanning Chesapeake, Virginia Beach, Hampton Roads, and across over 100 cities and counties, our team delivers the focused, responsive service you need in this critical time.

Our Approach to Defending Multiple Offense DUI Charges

When you work with a multiple DUI attorney in Chesapeake from our team, you benefit from a robust, strategic defense that leverages decades of Virginia DUI law knowledge. We go beyond the paperwork to discover every possible defense, using our familiarity with local laws and court procedures.

• Thorough case analysis: We review every detail, from the legality of the traffic stop to the accuracy of field sobriety and chemical tests—using our in-depth understanding of breath and blood testing statewide.
• Personalized defense strategies: Every client receives a defense plan tailored to their history, prior convictions, and Chesapeake-specific legal considerations, focusing on reducing life disruptions wherever possible.
• Current legal insight: Our ongoing role in Virginia DUI legal scholarship and involvement with local courts lets us identify new arguments and anticipate changes that may affect multiple DUI cases in Chesapeake.

Our process extends beyond the standard review and preparation. Multiple DUI cases often introduce complications such as mandatory minimum sentences, habitual offender status, and heightened scrutiny by local authorities. As a multiple DUI lawyer in Chesapeake, we carefully examine how your arrest, prior cases, and test evidence were handled by law enforcement. 

We assess technical pieces, such as the calibration of Chesapeake’s breathalyzer equipment, the chain of custody for blood samples, and the accuracy of prior records. By building a defense rooted in precision and regional knowledge, we can effectively identify weaknesses in the prosecution’s case. Anticipating court requirements—such as repeat offender hearings and pre-sentence reports—also enables us to proactively position you for the best possible result.

Contact Us Today for Trusted Guidance From a Multiple DUI Attorney in Chesapeake

If you or someone you care about is facing multiple DUI charges in Chesapeake, don't try to tackle the legal system alone. Our experienced multiple DUI lawyers in Chesapeake will answer your questions, demystify the process, and deliver a strategy tailored to your situation—so you can move forward with confidence.

Call (757) 568-7978 or reach out online for a confidential, no-pressure consultation with Tillotson & Martin, LLC.