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VIRGINIA'S PREMIER DUI/DWI DEFENSE FIRM (757) 568-7978
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Norfolk Underage DUI

Underage DUI Attorney in Norfolk

If your child is facing a DUI charge in Norfolk, navigating the legal system can feel daunting. At Tillotson & Martin, LLC, we guide families through this difficult time with steady counsel, deep legal knowledge, and unwavering commitment to your child’s future as your trusted underage DUI attorney Norfolk families can rely on.

We understand that even a first-time DUI charge can carry consequences that reach far beyond the courtroom, making early and proactive legal intervention essential. Our approach reflects Norfolk’s unique juvenile justice environment, where cases are managed with a balance of privacy, accountability, and rehabilitation. 

By choosing our team of underage DUI attorneys in Norfolk, you’re taking action to protect your child’s record and access locally informed representation that prioritizes your family’s needs from start to finish.

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

Understanding Underage DUI Laws in Virginia

In Virginia, there are two primary statutes that apply to drivers under the age of 21, creating a tiered system of penalties based on blood alcohol concentration (BAC) and the level of intoxication. It's crucial to understand each of these laws, as the penalties and the defense strategies for each are different. A knowledgeable underage DUI attorney in Norfolk must be familiar with all of these statutes to build a comprehensive defense.

"Zero Tolerance" Law: Virginia Code § 18.2-266.1

This is the foundation of Virginia's policy. It is a criminal offense for a person under 21 to operate a motor vehicle after illegally consuming alcohol, which is defined as having a BAC of at least 0.02% but less than 0.08%. The prosecution doesn't have to prove you were impaired; they only have to prove that you had a measurable amount of alcohol in your system. This is a crucial detail that often catches people off guard.

Standard DUI: Virginia Code § 18.2-266

This is the most serious charge an underage driver can face. If a person under 21 drives with a BAC of 0.08% or higher, or is proven to be impaired by alcohol or drugs, they can be charged with a standard DUI, just like an adult. This is a criminal misdemeanor that can result in jail time, significant fines, and a criminal record that will follow them for years to come.

The prosecution's case often relies on the results of a preliminary alcohol screening (PAS) test, which is a breath test administered at the scene. While a minor can refuse to take this test, doing so can be used as evidence against them in court and can lead to an automatic license suspension. A skilled Norfolk underage DUI lawyer will meticulously analyze the specific details of your case to challenge the prosecution's claims.

Classifications and Degrees of an Underage DUI Offense in Norfolk

In Virginia, an underage DUI charge is a criminal offense, and the penalties depend on the specific charge and whether it is a first or subsequent offense.

  • "Zero Tolerance" Law (Class 1 Misdemeanor): A first conviction for having a BAC of 0.02% to 0.08% can result in a fine of up to $500, a mandatory license suspension of one year, and 50 hours of community service.
  • Standard DUI (Class 1 Misdemeanor): A conviction for a standard DUI carries much more severe penalties. A first offense can result in a jail sentence of up to one year, a fine of up to $2,500, and a license suspension of 12 months. There is a mandatory minimum jail sentence of five days if your BAC is 0.15% to 0.20% and 10 days if your BAC is 0.21% or higher.
  • Second or Subsequent Offense: The penalties for a second or subsequent offense are much more severe, including a mandatory jail term, a longer license suspension, and significant fines.

It is also important to note that an underage DUI charge can be filed alongside other offenses, such as reckless driving, possession of alcohol by a minor, or driving with an open container of alcohol in a motor vehicle. A knowledgeable Norfolk underage DUI lawyer will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

In addition to these penalties, a conviction can also lead to:

  • Probation: You may be placed on probation for several years.
  • Increased Insurance Rates: Your car insurance premiums will likely increase significantly for several years after a conviction.

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 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 Underage DUI Charges

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. As a seasoned Norfolk underage 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.
  • Rising Blood Alcohol Defense: If your BAC was taken a significant time after you were driving, we can argue that your BAC was below the legal limit at the time of driving and rose afterward. This is a crucial defense in "zero tolerance" cases.

Why Families Select Tillotson & Martin, LLC for Underage DUI Defense

  • Authoritative knowledge in Virginia DUI law: Our team is trusted to author and instruct on DUI Defense, providing unique insight into current legal standards affecting youth in Norfolk and beyond.
  • Personalized approach for every client: We place an emphasis on clear communication, ensuring that families remain informed, involved, and empowered at every stage.
  • Extensive regional experience: Handling cases throughout Virginia, we leverage particular familiarity with Norfolk’s Juvenile & Domestic Relations Court for a truly localized underage DUI defense.
  • Dedication to minimizing disruptions: Our focus is on safeguarding your child’s education, driving privileges, and future while alleviating the stress these cases bring to families.

Families and colleagues alike rely on us because we approach every underage DUI case in Norfolk as an opportunity to advocate—never as a routine file. Our reputation extends throughout the Hampton Roads legal community, earning the trust of parents and fellow attorneys facing complex or uncertain circumstances. 

In the fast-paced, often crowded Norfolk juvenile court, relationships and up-to-date local knowledge can make a real difference. We use our connections to communicate with local judges, prosecutors, and court officers to carve out opportunities better suited for young people—protecting both immediate interests and long-term goals.

How Our Underage DUI Lawyers in Norfolk Defend Your Case

At Tillotson & Martin, LLC, we treat each underage DUI case with the individualized attention it deserves. Our process as your underage DUI lawyer Norfolk families trust is clear, supportive, and aimed at providing the strongest possible advocacy from start to finish:

  1. Initial consultation: We listen closely to your situation and answer questions regarding charges, the local court calendar, and what to expect step-by-step in Norfolk.
  2. Investigation & preparation: Our team analyzes all aspects of the case, from police reports and field sobriety test results to potential procedural flaws in breath and blood testing, with special consideration for Norfolk’s police practices.
  3. Strategic advocacy: We negotiate directly with prosecutors and advocate before judges, emphasizing alternate resolutions including diversion, community service, or charge reduction when merited.
  4. Guidance through court appearances: We walk your family through every hearing in Norfolk’s Juvenile & Domestic Relations Court, preparing youth and parents alike with practical support and clear explanations.
  5. Ongoing support: After your case concludes, we assist with issues such as license reinstatement, evaluating eligibility for expungement, and rebuilding your child’s confidence moving forward.

Why Early Action Matters for Underage DUI Cases

Taking prompt action gives the defense more room to challenge evidence, explore program eligibility, and advocate for a result that avoids lasting harm. By involving a knowledgeable underage DUI lawyer in Norfolk as soon as possible, you equip your child with both legal protection and vital encouragement during an especially stressful experience. We take pride in remaining accessible throughout, updating you with new information, and answering all questions while the case proceeds—so your family always feels informed and supported.

Take the First Step—Connect with a Trusted Underage DUI Attorney in Norfolk

If your child is facing an underage DUI charge, timely and informed legal support can help protect their future. Our attorneys answer your questions, explain processes in detail, and steadfastly advocate at every phase. We recognize the stress families endure in these matters and provide compassionate, locally informed representation every step of the way. Let us guide you to clarity and help work toward the best possible outcome for your child and family.

Contact Tillotson & Martin, LLC online or call (757) 568-7978 for a confidential consultation with an underage DUI lawyer Norfolk families trust. 

Frequently Asked Questions

How is Norfolk’s juvenile court different from adult court?

Juvenile court focuses on privacy and rehabilitation, but underage DUI charges can still lead to lasting consequences without strong legal defense.

Can an underage DUI be expunged in Virginia?

Yes, in certain situations—such as dismissed charges or reduced offenses—expungement may be possible with the right legal steps.

What should we do immediately after an underage DUI arrest?

Contact an attorney right away, keep all documents from police, avoid speaking with authorities without legal guidance, and note all court dates.

Will my child lose their license for a first offense?

Virginia law usually imposes license suspension for underage DUI, though restricted driving privileges may be available in some cases.

Can an underage DUI affect college admissions or scholarships?

Yes, a conviction can appear on background checks and may influence academic or financial aid decisions.

Put Tillotson & Martin On Your Side

Why Choose Our Firm?

  • 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.

Free Consultations Available

Contact Tillotson & Martin Today

Call (757) 568-7978 or Fill Out a Form for a Free Case Evaluation

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