Underage DUI Attorney in Chesapeake

Your Family’s Trusted Underage DUI Defense in Chesapeake

When your child or teen faces a DUI charge in Chesapeake, the experience is overwhelming for both them and your entire family. At Tillotson & Martin, LLC, we stand with you, explaining each step of the process and delivering informed representation grounded in our dedication to Virginia DUI law. 

Our attorneys are not only well-versed in current law—they have contributed to shaping Virginia’s DUI landscape by authoring leading legal texts and providing instruction to fellow lawyers on breath and blood alcohol testing strategies. 

As a result, we have unique insight into both the pitfalls and the opportunities within the Chesapeake juvenile court system. As your underage DUI lawyer in Chesapeake, we’re committed to helping your family navigate this challenge and protect your child's future.

Call (757) 568-7978 or reach out online for a free consultation with an underage DUI attorney in Chesapeake — we also offer virtual consultations.

Understanding Underage DUI Laws in Virginia

Virginia law under Va. Code § 18.2-266.1 makes it illegal for anyone under the age of 21 to operate a motor vehicle after consuming alcohol, with a blood alcohol concentration (BAC) of 0.02% or more. This is far lower than the 0.08% limit for drivers 21 and older.

Key elements the prosecution must prove:

• The driver was under 21 at the time of the alleged offense.
• The driver operated a motor vehicle (actual physical control counts, even if the car wasn’t moving).
• The driver had a BAC of 0.02% or higher or was otherwise under the influence of alcohol or drugs.

Classifications of the offense:

• Standard Underage DUI: Typically charged as a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500.
• Aggravated Circumstances: Higher BAC levels, involvement in accidents, or the presence of drugs can lead to harsher penalties or additional charges.

Penalties of Underage DUI Convictions in Virginia

Direct penalties under Virginia law may include:

• License suspension: Mandatory one-year driver’s license suspension.
• Fines: Minimum fine of $500 or 50 hours of community service.
• Jail time: Up to 12 months for a Class 1 misdemeanor.
• Alcohol safety programs: Court-ordered Virginia Alcohol Safety Action Program (VASAP) completion.
• Ignition interlock device: Required on any vehicle operated during a restricted license period.

Collateral consequences go beyond the courtroom:

• Professional and educational impact: A conviction can limit scholarship eligibility, result in school disciplinary action, and affect professional licensing for fields like nursing, teaching, or law enforcement.
• Long-term personal consequences: Housing applications, job prospects, and even security clearance eligibility can be affected. For non-citizens, an underage DUI conviction may have immigration consequences, including denial of visas or permanent residency.

What to Expect from the Underage DUI Court Process in Chesapeake

Every underage DUI case in Virginia follows a general process, but each step requires careful navigation.

1. Initial stop and investigation: Police may initiate a traffic stop based on a moving violation or suspicion of impairment. Field sobriety tests, preliminary breath tests, and officer observations will play a role here.
2. Arrest and chemical testing: If arrested, you may be required to take a breath or blood test under Virginia’s implied consent law. Refusal can lead to separate charges.
3. Administrative license suspension: A 7-day administrative suspension can occur immediately after arrest for a failed breath test, with longer suspensions for refusals.
4. Arraignment: The first court appearance where charges are formally presented, and bond conditions may be set.
5. Discovery: Exchange of evidence between prosecution and defense, including police reports, BAC test results, and witness statements.
6. Pre-trial motions: Your underage DUI attorney in Chesapeake may file motions to suppress evidence, challenge probable cause for the stop, or contest the validity of BAC testing.
7. Plea negotiations: Opportunities may arise to reduce the charge to reckless driving or another lesser offense, depending on the evidence.
8. Trial: If no plea agreement is reached, the case proceeds to trial. The prosecution must prove every element beyond a reasonable doubt.
9. Sentencing: If convicted, the judge imposes penalties within Virginia’s statutory guidelines.

• Possible resolutions: Outcomes may range from dismissal or deferred findings to probation, license suspension, or completion of a court-mandated class, depending on the specifics of the case and the advocate’s presentation.

Privacy and rehabilitation drive the Chesapeake juvenile court experience. Your proceedings will be closed to the general public to protect your child’s future, and much of the process emphasizes open conversation and improvement plans.

Our Comprehensive Approach to Underage DUI Defense

At Tillotson & Martin, LLC, we know that underage DUI cases require a unique defense strategy that takes into account the client’s age, future prospects, and the nuances of Virginia law.

We tailor our approach to the facts of each case, but common defense strategies include:

• Challenging the traffic stop: If the stop was unlawful, all evidence gathered afterward could be inadmissible.
• Questioning field sobriety tests: Many factors unrelated to alcohol can cause poor performance.
• Disputing BAC results: Errors in breath or blood testing procedures, improper calibration, or chain of custody issues can undermine the prosecution’s case.
• Rising BAC defense: Alcohol may not have reached peak absorption at the time of driving but did by the time of testing.
• Constitutional violations: Any infringement of Fourth Amendment rights can be grounds for evidence suppression.

Contact Our Underage DUI Attorneys in Chesapeake for Trusted Help

If your family needs reliable, honest legal advice after an underage DUI arrest in Chesapeake, Tillotson & Martin, LLC is here to help. We’ll listen to your concerns, guide you through the legal maze, and outline the next steps—empowering your family with clarity during a difficult time.

Call (757) 568-7978 or reach out online today for a confidential consultation with an underage DUI lawyer familiar with Chesapeake courts.