Fredericksburg DUI Attorneys

Experienced DUI Lawyers Defending Stafford, VA

Being charged with driving under the influence (DUI) is a serious matter. By law, a DUI is a criminal offense, and a conviction can have a lasting impact on your life. The legal process can be confusing and intimidating, and many people find themselves wondering what to do next.

At Butler, Moss & O'Neal, PLC, our DUI attorneys in Fredericksburg are here to help. We understand the seriousness of the situation and know what it takes to build a strong defense. Our firm has a reputation for excellence, and we are prepared to put our experience to work for you.

If you have been charged with DUI, call us today at (540) 306-5780 or contact us online to schedule a consultation with one of our Fredericksburg DUI lawyers.

What Is DUI?

Driving under the influence (DUI) is a criminal offense that occurs when a person operates a motor vehicle while under the influence of alcohol or drugs. The specific elements of a DUI vary from state to state. In Virginia, a person may be charged with DUI if they are found to be operating a motor vehicle with a blood alcohol concentration (BAC) of .08% or higher. Commercial drivers can be charged with DUI if their BAC is .04% or higher, while underage drivers can be charged with DUI if their BAC is .02% or higher.

What Is the Difference Between DUI and DWI?

In some states, DUI and DWI are two different criminal offenses. In Virginia, however, the terms are used interchangeably and refer to the same criminal act: driving under the influence of alcohol or drugs.

DUI Legal Consequences

In Virginia, the legal consequences of a DUI conviction depend on the specific circumstances of the case and whether the offender has any prior DUI convictions. Penalties for a first-time DUI conviction in Virginia include:

• Fines of up to $2,500
• One year of driver's license suspension
• Up to one year in jail

A person who has been convicted of DUI three times within a five-year period will be charged with a Class 6 felony. The legal consequences of a felony DUI conviction are much more severe and may include several years in prison and permanent driver's license revocation.

What Happens If You Get a DUI?

When you are charged with DUI in Virginia, you will be required to appear in court. At your arraignment, you will be asked to enter a plea of guilty or not guilty. If you enter a plea of not guilty, your case will proceed to trial. If you enter a plea of guilty, you will be given a sentencing hearing.

At the sentencing hearing, the judge will consider the specific circumstances of the case and the offender's criminal history, if any. The judge will then impose a sentence that may include a combination of the following:

• Fines and court costs
• Driver's license suspension
• Ignition interlock installation
• Probation
• Alcohol education or treatment programs

The legal consequences of a DUI conviction can be serious and may have a lasting impact on your life. For this reason, it is important to consult with an experienced DUI defense attorney as soon as possible.

Can You Beat a DUI?

Yes, you can beat a DUI charge with the help of an experienced DUI defense attorney. There are several potential defenses to DUI, including:

• Challenging the legality of the traffic stop
• Challenging the legality of the arrest
• Challenging the accuracy of the breathalyzer or blood test
• Challenging the chain of custody of the breath or blood sample
• Challenging the reliability of the field sobriety tests
• Arguing that the officer failed to read the Miranda warning
• Arguing that the officer failed to comply with the implied consent law
• Arguing that the BAC was below the legal limit at the time of driving
• Arguing that the BAC was below the legal limit at the time of the breath or blood test
• Arguing that the individual was not operating the vehicle
• Arguing that the individual was not under the influence of alcohol or drugs

A skilled DUI defense attorney will review the specific circumstances of your case and determine the best defense strategy. Our DUI lawyers in Fredericksburg have a track record of success and are prepared to fight for you.

Can You Get a DUI in a Parked Car?

In Virginia, you can be charged with DUI if you are found to be "operating" a motor vehicle with a blood alcohol concentration (BAC) of .08% or higher. To be considered "operating" a vehicle, the vehicle must be in motion, but it does not have to be on a public road. If you are sitting in your car with the engine running, you can be charged with DUI, even if you are parked.

What Is an Ignition Interlock Device?

An ignition interlock device is a device that is installed in a motor vehicle to prevent the vehicle from being started if the driver has been drinking. The device works by requiring the driver to provide a breath sample that is analyzed for the presence of alcohol. If the device detects alcohol, it will not allow the vehicle to be started.

In Virginia, an ignition interlock device is required to be installed in the vehicles of certain DUI offenders, including those who have been convicted of DUI three or more times or who have been convicted of DUI with a BAC of .15% or higher. The device must be installed in all vehicles that are owned or leased by the offender, as well as any vehicles that are regularly operated by the offender, such as a work vehicle or a company vehicle. The offender is responsible for the cost of installing the device and for any maintenance or calibration that is required.

The length of time that an ignition interlock device is required to be installed in the vehicle depends on the specific circumstances of the case and whether the offender has any prior DUI convictions. In Virginia, the minimum length of time that the device is required to be installed is as follows:

• For a first-time DUI conviction, the device is required to be installed for six months.
• For a second-time DUI conviction, the device is required to be installed for one year.
• For a third-time DUI conviction, the device is required to be installed for three years.
• For a fourth or subsequent DUI conviction, the device is required to be installed for the remainder of the offender's life.

In addition to these requirements, a judge may also require the device to be installed as a condition of a restricted driver's license.

What Happens If You Refuse a Breathalyzer in Virginia?

In Virginia, if you refuse to take a breathalyzer or blood test, your driver's license will be suspended for one year. If you have refused to take a breathalyzer or blood test within the past 10 years, your driver's license will be suspended for three years. If you have refused to take a breathalyzer or blood test within the past 10 years and have been convicted of DUI within the past 10 years, your driver's license will be suspended for four years. You will also be required to complete the Virginia Alcohol Safety Action Program (VASAP) and install an ignition interlock device in your vehicle.

When you refuse to take a breathalyzer or blood test, the police officer will take your driver's license and issue you a temporary driver's license. You have 10 days from the date of your arrest to request a hearing with the Virginia Department of Motor Vehicles (DMV) to challenge the suspension of your driver's license. If you do not request a hearing within this time frame, your driver's license will be automatically suspended.

At the hearing, the police officer will be required to present evidence that you refused to take a breathalyzer or blood test. You will have the opportunity to present evidence and argue your case. If the hearing officer finds that you refused to take a breathalyzer or blood test, your driver's license will be suspended. If you are successful and the hearing officer finds that you did not refuse to take a breathalyzer or blood test, your driver's license will not be suspended.

What to Do If You Get a DUI

If you have been charged with DUI in Virginia, there are several steps that you can take to protect yourself, including:

• Do not answer any questions from the police without an attorney present. Anything you say can and will be used against you in court. Even if you think you are innocent, it is important to consult with an attorney before speaking with the police.
• Do not take any field sobriety tests. These tests are not accurate and can be easily challenged in court. By refusing to take the tests, you can avoid giving the police any evidence that can be used against you.
• Do not take a breathalyzer or blood test. If you take a breathalyzer or blood test and your blood alcohol concentration (BAC) is above the legal limit, you can be charged with DUI. By refusing to take the test, you can avoid giving the police any evidence that can be used against you.
• Request an administrative hearing with the Virginia Department of Motor Vehicles (DMV). If you refuse to take a breathalyzer or blood test, your driver's license will be suspended. You have 10 days from the date of your arrest to request a hearing with the DMV to challenge the suspension of your driver's license. If you do not request a hearing within this time frame, your driver's license will be automatically suspended.
• Contact an experienced Fredericksburg DUI attorney. An attorney can review the specific circumstances of your case and determine the best defense strategy. An attorney can also represent you at the administrative hearing with the DMV and fight to protect your driving privileges.

Our DUI  attorneys in Fredericksburg are here to help. We have a track record of success and are prepared to fight for you.

If you have been charged with DUI, call us today at (540) 306-5780 or contact us online to schedule a consultation with one of our Fredericksburg DUI lawyers.