Coastal Virginia Multiple DUI Lawyers

Personalized Legal Representation for DWI Cases in Hampton Roads & Newport News

Being charged with a third or subsequent DWI offense can be frightening. It is a felony-level crime that can wreak havoc on your life for years. For instance, you could lose your driver's license indefinitely. This can make it difficult for you to take care of your responsibilities, such as getting to work or picking up your children from school. Additionally, you'll have a mark on your criminal record, which may show up on background checks conducted by potential employers, lenders, and schools. It could influence their final decisions. The most effective way to fight charges and increase your chances of obtaining a favorable outcome is with the help of an attorney who knows what they're doing.

At Tillotson & Martin, our Coastal Virginia multiple DUI lawyers wrote the book on Virginia DUI Law that judges, prosecutors, and other attorneys to reference. Our team has a thorough understanding of the laws and judicial processes concerning DUI cases. We can help navigate this complex and confusing system. We know the tests and methods law enforcement officials and prosecutors use to collect evidence and develop cases against the accused, and we keep updated with the latest technologies. Additionally, when we take on a DWI matter, we bring the Field Sobriety and Breath Test manuals into evidence and are the only attorneys in Virginia who do such.

We have the knowledge, qualifications, and resources needed to work toward a favorable outcome on your behalf. For answers to your questions and to discuss possible defenses, speak with us during a free consultation by calling (757) 568-7978.

What Happens After a Third or Subsequent DUI in Virginia?

If you have previous DWI convictions, be prepared for harsher punishments for a third or subsequent. As with first and second DUIs, you'll face both administrative and criminal penalties. Even before your trial begins, you'll be subject to an Administrative License Suspension (ALS). The loss of your driving privileges will last until your trial, which means you can't operate a car on public roads until then.

Third and subsequent DWIs, regardless of when your previous conviction occurred or what your blood alcohol content was, are charged as Class 6 felonies. The penalties for a conviction include a prison sentence of up to 5 years and a maximum fine of $2,500.

However, depending on the circumstances, mandatory minimums may be imposed as follows:

• DWI 3rd within less than 5 years and a BAC at any level:
  • 6 months in prison
  • $1,000 in fines
• DWI 3rd within 10 years and a BAC at any level:
  • 90 days in prison
  • $1,000 in fines
• DWI 4th or subsequent within 10 years and a BAC at any level:
  • 1 year in prison
  • $1,000 in fines
• Any DWI after a previous felony DWI conviction and a BAC at any level:
  • 1 year in prison
  • $1,000 in fines

In addition to imprisonment and fines, if you're convicted of a third or subsequent DWI you'll face the following penalties:

• Driver's license suspension for an indefinite period (you cannot petition for a restricted driver's license until after 3 years)
• Installation of an ignition interlock device for at least 6 months
• Possible vehicle forfeiture

Additionally, if you have two previous DWI convictions and you refuse a blood or breath test during your most recent arrest, your past conviction will count as a previous refusal. What this means is that you face additional charges and penalties because this will be considered a third refusal. The offense is a Class 1 misdemeanor, which carries a jail term of up to 12 months and a fine of up to $2,500. An additional total driving ban will be placed for a period of 3 years.

Serious Defense for Your Charge

With the stakes so high in a third or subsequent DWI case, it's crucial to have a lawyer help fight your charge. Backed by nearly 40 years of experience, our Coastal Virginia multiple DUI lawyers at Tillotson & Martin will provide compassionate and aggressive defense throughout your case.

To discuss your legal options during a free consultation, call us at (757) 568-7978 or submit an online contact form.