Coastal Virginia First-Time DUI Lawyers

A Client-Centered Approach to DWI Cases in Hampton Roads & Newport News

In Virginia, if you were operating a motor vehicle while under the influence of drugs and/or alcohol or with a blood alcohol content (BAC) of .08 or higher, you could be charged and convicted of drinking and driving. Referred to as DUI (driving under the influence) or DWI (driving while intoxicated or impaired), this offense can have severe consequences on your life. A conviction could lead to incarceration, fines, driver's license suspension, and other sanctions. To minimize or avoid the penalties, you must fight your charge, and you need an experienced attorney to guide you through the complicated judicial process.

At Tillotson & Martin, we fight to protect the rights and freedoms of those charged with DUIs. Our Coastal Virginia lawyers have over 40 years of combined experience and wrote the DUI book judges, lawyers, and prosecutors read for these types of matters. DUI cases are very involved and contain a scientific element not seen in other criminal matters. To provide effective defense, our team stays informed on changes in the law and the latest technologies. Both of our attorneys are breath test operators and instruct courses on field sobriety tests. Additionally, Attorney Martin is a certified ACS-CHAL Forensic Lawyer-Scientist. When you retain our services, we will leverage our knowledge and resources to work toward a favorable outcome on your behalf.

Discuss your legal options during a free consultation by calling us at (757) 568-7978 today.

How Does Virginia Define "Impaired" Driving?

Virginia Code 18.2-266 provides that a DWI charge may be levied when a person's ability to safely drive a motor vehicle is impaired. Virginia courts have held that a person is impaired or intoxicated when their mental and/or physical facilities are compromised.

If any of the following are affected by drugs and/or alcohol, a person could be charged with a DWI:

• Manner
• Disposition
• Speech
• Muscular movement
• General appearance
• Behavior

In DWI cases, the prosecution will attempt to land a conviction by having the arresting officer testify.

To link the driver's behaviors to the definition of impairment, the officer may state that they observed the driver:

• Speaking slowly or incoherently
• Slurring their speech
• Swaying while walking or standing
• Leaning on objects for support
• Stumbling
• Having trouble balancing

If I Wasn't Driving, Can I Still Be Charged with a DWI?

Yes. Even if you weren't actually driving your car, an officer may still arrest you for a DUI. That's because Virginia law provides that a person commits the offense when they "drive or operate any motor vehicle."

The definition of "driving" may be obvious: You're behind the wheel while motoring down the road.

However, things get a bit tricky when defining "operating." Essentially, it comes down to you're sitting in the driver's seat with the keys in the ignition. It doesn't matter if the vehicle was running or not. For instance, you could be charged if you had a couple of drinks and then went to your car just to listen to the radio. You might also be accused of the offense if your car was stuck somewhere with no hope of getting it out, but you were in the driver's seat and your keys were in the ignition.

In some cases, you don't even need to be in the driver's seat to be charged with a DWI. Suppose your friend is driving, but you grab the wheel at some point. Your actions put you in "physical control" of the vehicle.

Can I Be Charged with a DWI While Riding a Bicycle Drunk?

Virginia law states that a person commits a DWI offense when they drive a motor vehicle while impaired by drugs or alcohol. Thus, if you are drunk while riding your bike, you can't be charged under state laws. However, if you're on federal property, such as a national park, you could face charges because federal law says drinking and driving occurs when a person is intoxicated while in control of a vehicle, bicycles included.

What Are the Penalties for a First-Time DUI?

In Virginia, a first-offense DUI is a Class 1 misdemeanor. The conviction penalties include up to 1 year in jail and/or a fine of up to $2,500, with a mandatory minimum of $250. If the individual's BAC was between .15 and .20, the mandatory minimum jail term is 5 days. It would increase to 10 days if the BAC was higher than .20.

In addition to incarceration and fines, a first-time DUI conviction also results in driver's license revocation for 1 year.

Get Knowledgeable and Skilled Lawyers on Your Side

At Tillotson & Martin, we know the ins and outs of DUI law. Our Coastal Virginia attorneys train other lawyers, and we teach, lecture, and host seminars in these types of matters.

For compassionate yet aggressive representation, call us at (757) 568-7978 or contact us online.