DUI Attorney in Norfolk

Act Fast to Protect Your Rights After a DUI

At Tillotson & Martin, LLC, we recognize the significant impact a DUI charge can have on your life. As a well-respected law firm based in Virginia, we offer comprehensive DUI defense with a focus on clients in Norfolk. Our dedicated team is here to navigate the complexities of DUI law, ensuring your rights are protected and striving for outcomes that minimize disruptions to your life.

Get the help you need from an experienced DUI Attorney in Norfolk. Call (757) 568-7978 now or contact us online to schedule your free legal consultation.

Understanding DUI in Virginia

Virginia Code § 18.2-266 prohibits driving or operating a motor vehicle under the influence of alcohol, drugs, or a combination of both.

Key aspects of Virginia's DUI law include:

• Blood Alcohol Content (BAC) of 0.08% or Higher: For individuals 21 years of age or older, a BAC of 0.08% or higher is considered per se DUI. This means you are legally presumed to be under the influence, even if your driving does not outwardly appear impaired.
• Impairment by Alcohol or Drugs: Even if your BAC is below 0.08%, you can still be charged with DUI if there's evidence that your ability to operate the vehicle safely was impaired by alcohol, drugs (including illegal, prescription, or over-the-counter medications that cause impairment), or a combination of both.
• Underage DUI (Virginia Code § 18.2-266.1): For drivers under 21, Virginia has a "zero tolerance" policy. Operating a vehicle with a BAC of 0.02% or higher constitutes an underage DUI, carrying specific penalties separate from, or in addition to, adult DUI penalties if the BAC is also 0.08% or higher.

The seriousness of these laws, particularly in a vigilant jurisdiction like Norfolk, demands that you secure the immediate assistance of a knowledgeable DUI attorney in Norfolk.

The DUI Arrest and Legal Process in Virginia

A DUI arrest in Virginia typically involves several stages, each presenting crucial opportunities for a skilled Norfolk DUI lawyer to challenge the prosecution's case and protect your rights.

1. Traffic Stop: Law enforcement must have "reasonable suspicion" to pull your vehicle over. This could be based on observed erratic driving behavior (e.g., weaving, speeding), a traffic infraction (e.g., broken taillight), or even the officer's observation of open containers or other signs of intoxication.
2. Initial Observations and Questioning: The officer will observe your demeanor, speech, coordination, and any odors (e.g., alcohol). They may ask questions about your recent activities or consumption of any substances.
3. Field Sobriety Tests (FSTs): You may be asked to perform FSTs (e.g., Walk-and-Turn, One-Leg Stand, Horizontal Gaze Nystagmus - HGN). These tests are designed to assess impairment, but they are highly subjective and can be affected by numerous factors unrelated to intoxication (e.g., medical conditions, physical disabilities, nervousness, footwear, road conditions). You have the right to refuse FSTs, but this refusal can be used as evidence against you in court.
4. Preliminary Breath Test (PBT): The officer may ask you to blow into a portable breath testing device. The PBT is generally voluntary, and its results are typically used to establish probable cause for arrest, not as direct evidence of BAC in the criminal trial.
5. Arrest: If the officer develops "probable cause" to believe you are impaired, you will be arrested for DUI.

Administrative License Suspension (Immediate)

Even before your court date, an arrest for DUI triggers an immediate administrative license suspension by the DMV (Virginia Code § 46.2-391.2):

• First Offense: 7-day suspension.
• Second Offense: 60-day suspension or until trial, whichever comes first.
• Third or Subsequent Offense: Suspension until the day and time of trial. This immediate suspension is separate from any court-ordered suspension or revocation.

Criminal Court Proceedings (Norfolk General District Court):

• Arraignment: This is your first court appearance, typically in the Norfolk General District Court. The charges are formally read, and you enter a plea (generally "not guilty"). Your Norfolk DUI lawyer will advise on the plea and obtain the initial "discovery" (evidence from the prosecution).
• Discovery and Investigation: Your defense team will meticulously gather and review all evidence, including police reports, body camera footage, dashcam video, breathalyzer maintenance records, blood/urine test results, and witness statements. We may also engage private investigators or forensic specialists to uncover additional facts or challenge prosecution evidence.
• Pre-Trial Motions: Your attorney may file various pre-trial motions to suppress illegally obtained evidence (e.g., if the traffic stop was unlawful, if FSTs were improperly administered or unreliable, or if chemical test results are questionable due to faulty equipment or improper procedure).
• Plea Negotiations: Your DUI attorney in Norfolk will engage in aggressive negotiations with the prosecutor to explore possibilities for reducing charges (e.g., to reckless driving – often called a "wet reckless"), minimizing penalties, or securing alternative sentencing.
• Trial: If a plea agreement cannot be reached, the case proceeds to trial. In Virginia, DUI cases are typically heard by a judge, not a jury, unless specifically requested and approved.
• Sentencing: If convicted, the court imposes penalties according to Virginia's strict sentencing guidelines.

Penalties for DUI Convictions in Virginia

Virginia imposes some of the harshest penalties in the nation for DUI convictions, and these penalties escalate dramatically for repeat offenders. Virginia employs a "look-back period" of 10 years for prior DUI convictions, meaning any prior DUI offense within that timeframe will enhance your current charge. Judges and prosecutors in Norfolk enforce these laws with unwavering resolve.

First DUI Offense (Class 1 Misdemeanor)

• Jail Time: Up to 12 months in jail.
  • Mandatory Minimums for Higher BAC:
    • BAC 0.15% to 0.20%: Mandatory 5 days in jail.
    • BAC 0.20% or higher: Mandatory 10 days in jail.
• Fines: Mandatory minimum $250, up to $2,500.
• License Revocation: 1-year license revocation by the court.
• Alcohol Safety Action Program (ASAP): Mandatory enrollment in and completion of a court-approved Alcohol Safety Action Program (ASAP).
• Ignition Interlock Device (IID): Required for at least 6 months to obtain a restricted license, and potentially longer.

Aggravating Factors that Further Enhance Penalties

• Child Passenger: Transporting a minor (under 18) while DUI adds mandatory jail time and increased fines.
• Causing an Accident, Injury, or Death: If the DUI causes property damage, serious bodily injury, or death to another person, the charges can be elevated to more serious felonies (e.g., aggravated involuntary manslaughter), carrying severe prison sentences.
• Drug Impairment: If the DUI is caused by drugs (illegal, prescription, or OTC), it carries the same penalties as an alcohol DUI.

The complex and escalating nature of these penalties, particularly for repeat offenders, underscores the critical need for a strategic and aggressive DUI attorney in Norfolk.

Why Choose Our DUI Lawyer in Norfolk?

Choosing a DUI defense lawyer in Norfolk is pivotal for effectively navigating your case. At Tillotson & Martin, LLC, our distinguishing factor lies in our deep-seated involvement in the legal community and our commitment to DUI defense. Our lawyers have authored key texts and held training sessions for other attorneys, underlining our authority in this specialized area of law. This dedication translates into a significant advantage for our clients, ensuring informed and comprehensive defense strategies.

Our Norfolk team combines local knowledge with a personalized approach, ensuring each client's unique circumstances are considered. We recognize that no two DUI charges are alike, and tailor our approach to fit the nuances of your situation. This includes keen attention to local legal trends and the specific challenges faced by Norfolk residents. Our adaptability ensures that you receive the personalized legal support necessary to address your unique concerns, bolstering your confidence in the process.

Contact Our Norfolk DUI Defense Attorney Today

Don't let a DUI charge define your future. At Tillotson & Martin, LLC, we dedicate ourselves to protecting your rights and pursuing the most favorable outcomes. With our experienced team by your side, you can navigate the legal landscape with confidence, knowing we are fighting for your best interests.

Contact us now at (757) 568-7978 to schedule your free consultation and take the first step toward a strategic defense. Let us provide the informed and personalized support you need to move forward with peace of mind.