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DUI Defense

Tillotson & Martin have the knowledge, care, and fight to defend you against any DUI charge. Our attorneys wrote the book on DUI Law for the state of Virginia and are recognized at the top of their field. Put our expertise on your side.

Coastal Virginia DUI Defense Attorneys

Serving Hampton Roads & Newport News

If you were charged with driving while intoxicated and are subsequently convicted, you could face several consequences. For instance, you might be fined, incarcerated, or be prohibited from driving because of a driver's license suspension. The effects of a drinking and driving conviction can be long-lasting and impact various facets of your life.

 For example, you will have a criminal record, which can make it challenging to get a job or house. Your insurance company might also increase your premium or cancel your coverage altogether. You do not have to accept these consequences without a fight. Challenging the accusations is your right, and it’s imperative to exercise this right with the help of an attorney.

For a free consultation to discuss your case, call us at (757) 568-7978 today.

Protect Your Rights with Experienced DUI Defense Attorneys

Being charged with a DUI can have serious consequences, including fines, license suspension, and even jail time. It is crucial to have skilled and experienced DUI defense attorneys on your side to protect your rights and fight for the best possible outcome for your case.

At Tillotson & Martin, LLC, our coastal Virginia DUI defense attorneys have a proven track record of successfully defending clients in Hampton Roads and Newport News. We understand the complexities of DUI laws and have the knowledge and resources to build a strong defense strategy tailored to your specific case.

Why choose us for your DUI defense:

  • Experience: Our attorneys have years of experience handling DUI cases and are well-versed in the local laws and court procedures.
  • Personalized Approach: We understand that every case is unique, and we take the time to listen to your side of the story and gather all the necessary evidence to build a solid defense.
  • Aggressive Advocacy: We are dedicated to protecting your rights and will aggressively advocate for you throughout the legal process, from negotiations with prosecutors to courtroom representation.
  • Positive Results: Our firm has a track record of achieving favorable outcomes for our clients, including reduced charges, dismissals, and acquittals.
  • Client Satisfaction: We prioritize client satisfaction and strive to provide exceptional legal representation and personalized attention to each client we serve.

Trust a Team with the Skills to Fight Your Charge

At Tillotson & Martin, our Coastal Virginia DUI lawyers provide the compassionate and aggressive defense you need. We know that good people can find themselves facing a drinking a driving charge, and we are here to help them through the judicial process. 

Not only does our team have nearly 75 years of combined experience and focus solely on DUI defense, but we also have the designations and training necessary to develop a solid strategy. Attorney Martin is an ACS-CHAL Forensic Lawyer-Scientist, and both of our lawyers are breath test operators and give lectures to other attorneys regarding DUI law. 

When you choose us, you can be confident you'll be backed by a team with the knowledge, skills, and resources to effectively handle your case.

What Happens If You Get DUI

In Virginia, a DUI (Driving Under the Influence) offense carries significant legal consequences. Here’s an overview of what you might expect if you are convicted of a DUI in Virginia:

First Offense DUI

  • Fines: A first-time offender can face fines ranging from $250 to $2,500.
  • Jail Time: A first DUI conviction can result in a jail sentence of up to one year. However, mandatory jail time of five days is imposed if your blood alcohol concentration (BAC) is 0.15% or higher.
  • License Suspension: Your driver’s license can be suspended for one year.
  • Alcohol Education Program: You will be required to complete the Virginia Alcohol Safety Action Program (VASAP).
  • Ignition Interlock Device: Installation of an ignition interlock device (IID) is mandatory for a minimum of six months if you wish to drive on a restricted license during the suspension period.

Second Offense DUI

  • Fines: Fines for a second offense range from $500 to $2,500.
  • Jail Time: A second DUI conviction within ten years carries a mandatory jail sentence of 20 days to one year. If the second offense occurs within five years of the first, the mandatory minimum jail time increases to 20 days.
  • License Suspension: Your driver’s license can be suspended for three years.
  • Alcohol Education Program: Completion of the VASAP is required.
  • Ignition Interlock Device: An IID must be installed on your vehicle for at least six months once you regain restricted driving privileges.

Third Offense DUI

  • Fines: A third offense results in fines ranging from $1,000 to $2,500.
  • Jail Time: A third DUI conviction within ten years is classified as a Class 6 felony and carries a mandatory minimum jail sentence of 90 days to five years. If the third offense occurs within five years, the mandatory minimum increases to six months.
  • License Revocation: Your driver’s license can be revoked indefinitely. You may petition for reinstatement after three years.
  • Alcohol Education Program: Completion of the VASAP is again required.
  • Ignition Interlock Device: An IID must be installed on your vehicle for a minimum of six months after any reinstatement of restricted driving privileges.

Additional Penalties and Considerations

  • Higher BAC Levels: Higher BAC levels (0.15% or 0.20% and above) result in increased mandatory minimum jail times and additional fines.
  • Underage DUI: Drivers under the age of 21 with a BAC of 0.02% to 0.08% face fines of up to $500, a one-year license suspension, and mandatory completion of an alcohol safety program.
  • Refusal to Submit to Testing: Refusing a breathalyzer or blood test can lead to additional penalties, including a separate charge and license suspension.

Virginia’s DUI laws are stringent and designed to deter impaired driving, with escalating penalties for repeat offenders. If you are facing DUI charges our experience legal team can help you navigate the complexities of DUI law and to potentially mitigate the consequences. Call today to learn more about your rights and options.

  • We Wrote Virginia's DUI Book for Lawyers

    Because of their immense knowledge and vast experience trying DUI cases, Michael Tillotson & Jeff Martin were contracted by Thomson Reuters Westlaw, the leading authority in legal publishing, to write the book on Virginia DUI Law. Prosecutors and defense attorneys throughout the state look to this book for insight into both the technical and legal aspects of a DUI case.

Proof Of Our Care & Knowledge

Client Reviews

  • "Mr, Martin, in life, there are people who make a difference in a tough situation, you and your staff have done that."
    Former Client
  • "Mr. Tillotson, you really are the best! I will refer you to everyone I know!"
  • "He GENUINELY cares about his clients"
    Former Client

What Is Virginia's DUI Law?

Under Virginia Code § 18.2-266, it's illegal to drive any motor vehicle while intoxicated. Intoxication can involve having a blood alcohol content (BAC) of .08% or higher or being under the influence of drugs and/or alcohol.

If I Wasn't Drunk, Can I Be Convicted of a DUI?

Many people think that they can be convicted of a DUI only if they were drunk, meaning they lacked coordination, were slurring their words, or had bloodshot watery eyes. Sadly, that's not always the case. 

Even if you passed the field sobriety tests and felt like you were in complete control of your vehicle while driving, blowing a .08 or higher could result in a DUI conviction. The reason for this is because of Virginia's so-called "per se" law under clauses (i) and (v) of Virginia Code § 18.2-266.

Under the "per se" law, a person is considered impaired by drugs or alcohol because their BAC is at a specific limit. If a breath or alcohol test shows that you were at or above the legal limit, regardless of your physical or mental capabilities, the law considers you drunk.

In Virginia, the per se levels are as follows:

  • Alcohol: .08%
  • Cocaine: .02 milligrams per liter
  • Methamphetamine: 1 milligrams per liter
  • Phencyclidine (PCP): .01 milligrams per liter
  • Ecstasy: .1 milligram per liter

What Are the BAC Levels for Underage Drinkers and CDL Holders to Be Charged with DUIs?

When you search the Web for BAC levels for underage drivers and CDL holders, you might find specific numbers attached to DUIs for these motorists. For instance, a site might say that a person under 21 years of age could be charged with a DUI if their BAC was at or above .02. For CDL holders, the level may be .04.

However, these amounts don't result in DUIs for underage drivers and CDL holders. The law doesn't allege that the motorist is drunk at these levels, only that they are driving unlawfully. The underage driver or CDL holder might be charged with a different misdemeanor and not a DUI.

When Is an Ignition Interlock System Used?

An ignition interlock system, often referred to as an ignition interlock device (IID), is a critical measure used to prevent DUI-related recidivism. It is typically mandated for individuals convicted of driving under the influence, especially for repeat offenders or cases where high blood alcohol content (BAC) levels were involved. 

The device works by requiring the driver to perform a breathalyzer test before the vehicle can start. If the device detects alcohol above a preset limit, the vehicle will not start, thus preventing a potentially impaired driver from getting on the road.

In Virginia, the ignition interlock system is not just for repeat offenders. Even first-time offenders with BAC levels that barely exceed the legal limit may be required to install an IID in their vehicles as part of their sentencing. 

The period during which the ignition interlock device must be used varies depending on the specific details of the conviction, including the offender's BAC at the time of arrest and any prior DUI convictions. The use of an ignition interlock device is a significant component of Virginia's approach to reducing drunk driving and enhancing road safety, reinforcing the message that driving under the influence will not be tolerated.

Knowledge, Care, & The Fight To Win

Why Hire Tillotson & Martin?

  • We Wrote the Book.
    We were tasked with writing the book on Virginia DUI Law by Thomson Reuters Westlaw, the leading authority in legal publishing. Prosecutors, defense attorneys, and judges often turn to this resource.
  • We Possess the Knowledge.
    Not only are our attorneys committed to attending continued education courses, they lecture and teach courses themselves. In a field as scientific and technical as DUI Defense, keeping our knowledge up to date is crucial to crafting our clients' defense strategies.
  • We Truly Care.
    Mike Tillotson & Jeff Martin go the extra mile for their clients. Our team realizes that this is your future at stake and we will employ every strategy to ensure that we are providing you with the best representation possible.
  • We Have the Fight to Win.

    With over 75+ years of combined experience, Mike Tillotson and Jeff Martin have successfully handled thousands of DUI cases, and has tried cases across the entire state of Virginia.

Firm Accolades

  • NCDD
  • US District Court for Eastern District of VA
  • VA Bar Association
  • Avvo 10.0
  • ACS-CHAL Lawyer Scientist
  • Elite Lawyers of America 2020
We Can Fight Your Breath Test Results Just because you blew a certain alcohol level, does not mean you are guilty. Breath tests are often wrong and we understand the technology and have the experience to defend your charge.
Schedule A Free Case Evaluation

Contact Tillotson & Martin, LLC Today!

If you’ve been accused of driving under the influence, you may rightfully have many questions about your charge, the judicial process, and your legal options. Our DUI attorneys serve Coastal Virginia, including Hampton Roads and Newport News, and are here to address your concerns and guide you through your case.

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