DUI with Drugs Attorneys in Virginia
Charged with Driving Under the Influence of Drugs? We’re Here to Defend You in Hampton Roads & Newport News
In Virginia, you may be charged with a DUI not only for driving under the influence of alcohol but also for drugs. This includes both illegal substances and legal prescriptions that may negatively impact your ability to drive.
Virginia Code 18.2-266 provides that if any of the following impairs a driver's abilities, they're committing an offense:
- Any narcotic drug
- Intoxicant
- Drug whatsoever in nature - even a drug prescribed to you
- Combination of the drugs listed above
If you're charged with driving under the influence of drugs (DUI-D), you could face severe penalties, such as license suspension, fines, and a criminal record.
At Tillotson & Martin, LLC, our Coastal Virginia DUI-D lawyers have over seven decades of combined experience and are well-versed in DUI law. Our knowledge in this area is so vast and in-depth that we wrote the book on Virginia DUI Law that judges, other lawyers, and prosecutors read for these types of matters. Additionally, we remain current with changes in the laws and technologies used in driving under the influence cases, allowing us to build strong defenses. We are here to answer your questions about the process for resolving your DUI-D charge and are ready to provide the compassionate yet aggressive representation you need.
To speak with a DUI-D defense team in a free consultation call (757) 568-7978 today.
Can I Get a DUI-D for Driving After Taking a Prescription Medication?
Many people believe that a DUI-D is charged only to drivers who were under the influence of illegal drugs. Unfortunately, that's not the case. For example, prescription medications, especially those known to cause drowsiness or impair cognitive function, like sleep aids and painkillers, can result in a DUI-D charge.
Any substance, whether legal or illegal, that impairs a driver's ability to safely operate a vehicle can lead to an accusation of driving while intoxicated by drugs. Thus, if you took a prescription or even over-the-counter (OTC) medicine, you could get a DUI-D.
One of the challenging parts of a DUI-D situation is that often a driver is taking a prescription or OTC medication to treat a physical or psychological problem. The substance is making them feel better, yet they get charged with driving under the influence of drugs. This may not be fair, but it happens often.
When the prosecutor is arguing the situation, they will do everything they can to prove that the defendant's driving behavior was a result of the legal substance in their body, even though it was due to some manifestation of the driver's medical condition.
To combat the prosecutor's allegations and evidence, our Coastal Virginia lawyers commonly bring in expert witnesses to testify that the medication didn't cause the driving behavior. Instead, the medicine made the defendant a safer driver.
Understanding Your Rights During a DUI-D Stop in Virginia
Being pulled over for a DUI-D in Virginia can be a stressful experience, but it's essential to know that you have rights. Understanding these rights can significantly impact the outcome of your case. If these rights were violated at any point, our DUI-D lawyers are ready to seek justice on your behalf.
Here are some critical points to keep in mind during a DUI-D stop:
- The Right to Remain Silent: You are not obligated to answer questions about your drug use or provide information that may incriminate you. However, it is important to remain polite and cooperative.
- The Right to Legal Representation: You have the right to consult with a DUI-Dattorney in Virginia before answering any questions or taking any tests. It's crucial to have knowledgeable legal support during this process. Consider having legal contact information readily available in case of a traffic stop.
- The Right to Refuse Field Sobriety Tests: While refusing these tests may lead to automatic penalties, it can also prevent potentially misleading evidence from being used against you in court.
- The Right to Challenge Evidence: If you are charged with a DUI-D, you can dispute the validity of the tests conducted, including blood tests or breathalyzer results.
Our experienced DUI-D attorneys at Tillotson & Martin, LLC are committed to ensuring that your rights are protected throughout the legal process. We aim to provide guidance and develop a strategic defense plan tailored to your situation in Virginia.
We can guide you on how to navigate a DUI-D stop and help build a robust defense tailored to your unique situation. Contact us today!
Understanding DUI-D & Drug Intoxication in Virginia
Driving under the influence of drugs (DUI-D) is a serious offense that can result in severe legal consequences. If you have been charged with a DUI-D in Virginia, it is crucial to seek legal representation from experienced attorneys who understand the complexities of drug intoxication scenarios. At Tillotson & Martin, LLC, our team of DUI with drugs attorneys have a deep understanding of Virginia's DUI laws and can provide the aggressive defense you need.
Our goal is to provide you with the legal representation you need to navigate the complexities of DUI-D and drug intoxication scenarios in Chesapeake, Portsmouth, Richmond, Hampton Roads, Newport News, and the surrounding areas. Contact us today for a consultation to discuss your situation and learn how we can defend your rights.
Get the DUI-D Defense Lawyers You Need
At Tillotson & Martin, LLC, when you hire our Coastal Virginia DUI-D attorneys for your situation, we’ll see you as the person you are, not the offense you were charged with. Our focus is not just on the immediate defense but also on understanding your unique situation and providing support throughout the legal process. We provide personalized attention and listen to your side of the story. Our team will leverage our resources to work toward a favorable result on your behalf, striving to minimize the long-term repercussions that can come from these charges.
Discuss your legal options for fighting your DUI-D charge by calling us at (757) 568-7978 or contacting us online.
Frequently Asked Questions About DUI-D in Virginia
What Are Common Defenses Against DUI-D Charges in Virginia?
One of the most common defenses in a DUI-D charge involves questioning the accuracy of chemical tests used in determining drug levels in your system. Often, these tests can be flawed due to improper calibration of testing equipment or untrained personnel. Another defense may involve demonstrating that the observed impairment was due to other factors, such as a medical condition or a lack of sleep, rather than drug use. Securing testimonies from medical professionals or witnesses who can attest to your non-impairment at the time of the arrest may also strengthen your DUI-D defense.
How Does Virginia Law Define Drug Intoxication?
In Virginia, drug intoxication is defined as the impairment of one’s ability to drive safely due to the influence of drugs. This includes not only illegal drugs but also prescription and over-the-counter medications that can impair judgment and motor skills. The definition is broad and can encompass a variety of substances. Virginia law enforcement utilizes field sobriety tests and chemical testing to determine whether a driver is impaired due to drugs. It is crucial to be aware that even substances legally prescribed to you can result in a DUI-D charge if they affect your driving capabilities.
Are There Alternative Penalties for First-Time Offenders in Virginia?
Yes, Virginia may offer alternative penalties for first-time DUI-D offenders, focusing more on rehabilitation and less on punitive measures. These alternatives might include participation in substance abuse education programs, community service, or the installation of an ignition interlock device. Such measures are designed to prevent recidivism and promote safer driving habits. Taking advantage of these programs not only helps in potentially reducing legal penalties but also encourages recovery and responsible decision-making in the future. It's advisable to consult with legal representation to explore which options might be available in your situation.
If I Took an OTC and Had a Little Alcohol, Can I Be Charged with a DUI-D?
It might be the case that you were feeling ill and took a cough suppressant or allergy medication and had a drink a while later. In this situation, you could be convicted of a DUI-D, even if your BAC was at or below the presumed sober level of .05. The prosecutor may try to prove that although your blood alcohol content was something like .04, the OTC enhanced the effects of the alcohol. Thus, they will say you were intoxicated.
What Are the Penalties for a DUI-D in Virginia?
Similar to an alcohol-related driving under the influence matter, if you're convicted of a DUI-D in Virginia, you could face jail time, fines, and a driver's license revocation. Additionally, a conviction could lead to elevated insurance premiums and mandatory substance abuse programs.
- First Offense: is a Class 1 misdemeanor, which carries a maximum jail term of 1 year and/or a maximum fine of $2,500. Also, driving privileges will be revoked for 1 year.
- Second Offense: has similar punishments except that a mandatory minimum jail term and fine may be imposed, which depends on the BAC level and when the offense occurred. Additionally, driver's license suspension increases to 3 years.
The penalties continue to increase for each subsequent DUI-D offense, highlighting the importance of taking a DUI-D charge seriously from the start.
