Virginia Beach DUI Defense Attorney for Drunk Driving Charges

Understanding DUI Charges in Virginia Beach and Nearby Areas

Driving under the influence of alcohol or drugs (DUI) is a crime in the Commonwealth of Virginia, the penalties for which are severe. Beyond the criminal penalties, you will be classified as a high-risk driver, paying substantially more in auto insurance.

As a police officer for more than 15 years, attorney Jerrell Johnson has extensive experience with the procedures of DUI cases. 

As a DUI lawyer, he is also experienced in the various ways to challenge a DUI case, even if you failed the breath, blood or field sobriety tests, which are notoriously subject to errors.

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Penalties for First-Time DUI Offenders in Virginia Beach

If you have been charged with A DUI in Virginia Beach for the first time you could face the following penalties:

• Up to one year in jail
• Up to $2,500 in fines
• A mandatory alcohol education class
• A mandatory one-year driver’s license suspension
• Mandatory jail time for certain blood alcohol levels
• Ignition Interlock requirement in certain cases

Types of DUI Charges You May Encounter in Virginia

• How Are Multiple DUI Charges Handled in Virginia?
  If you have been arrested for your second, third, or fourth drunk driving charge, the prosecution will view you as a danger to society and yourself and will most likely push for enhanced penalties for this offense. 
• Fighting Out of State DUI Charges: Key Challenges
  Drunk driving charges that are acquired out-of-state by a Virginia resident can be extremely serious, especially if the other state requires a driver to be penalized in both the state in which the DUI was acquired and the state of residency of the alleged drunk driver.
• Consequences of Underage DUI in Virginia
  Those under the age of 21 face serious consequences when caught driving under the influence of alcohol or drugs. Even for a first-time offender, the Commonwealth of Virginia’s strict policies regarding underage drinking and driving can result in especially severe penalties. 
• Understanding the Implications of Felony DUI Charges
  Felony drunk driving charges are those that are acquired by the action of having multiple drunk driving arrests and convictions or possibly causing vehicular manslaughter. Depending on the specific circumstances of your case, you may face lifelong penalties for these charges.
• Field Sobriety Tests: Essential Information
  What is a field sobriety test? As a mechanism for a police officer to test a driver’s sobriety, these tests may include the walk and turn test, one leg stand test, or the horizontal gaze nystagmus test. While these should be given in supplement to breath or blood tests, they can be used as evidence in a DUI case.

If you want to learn more about these topics, you can find more information here:

• Multiple DUI
• Out of State DUI
• Underage DUI
• Felony DUI
• Field Sobriety Tests

Understanding Virginia DUI Laws and the Legal Process

Being charged with a DUI in Virginia can be overwhelming, especially if it’s your first offense. Understanding the legal process can help you prepare for what’s ahead.

Overview of DUI Laws in Virginia

Virginia has strict DUI laws that impose severe penalties for driving under the influence of alcohol or drugs. You can be charged with a DUI if:

• Your blood alcohol concentration (BAC) is 0.08% or higher (for drivers 21 and older).
• Your BAC is 0.02% or higher if you are under 21 (zero-tolerance policy).
• You show signs of impairment, even if your BAC is below 0.08%.
• You are under the influence of drugs (prescription or illegal) that impair your ability to drive.

What Happens After a DUI Arrest?

After a DUI arrest, you will typically go through the following steps:

1. Booking and Processing – Your fingerprints and photo are taken.
2. Administrative License Suspension – Your license is automatically suspended if you refuse a breath test or have a high BAC.
3. Arraignment – Your first court appearance where you are formally charged.
4. Pre-Trial Motions & Plea Bargaining – Your attorney may negotiate or file motions to challenge evidence.
5. Trial or Sentencing – If no plea deal is reached, your case will go to trial, and a judge will determine your guilt and sentencing.

DUI and Your Driver’s License

One of the most immediate consequences of a DUI is the suspension of your driver's license.

How a DUI Affects Your Driving Privileges

• First offense – 1-year license suspension
• Second offense – 3-year suspension
• Third offense – Indefinite revocation

How to Get a Restricted License

If your license is suspended, you may qualify for a restricted driver’s license to drive to work, school, or medical appointments. To obtain one, you must:

• Petition the court.
• Install an Ignition Interlock Device (IID) if required.
• Complete an alcohol education program.

DMV Hearings vs. Court Cases

• DMV hearings focus only on your driving privileges and whether your license should remain suspended.
• Court cases determine whether you are guilty of a DUI and what criminal penalties you will face.

DUI and the Impact on Your Criminal Record

A DUI conviction is more than just a traffic offense—it becomes a part of your permanent criminal record, affecting many aspects of your life.

Consequences of a DUI on Your Record

• Employment Challenges – Many employers conduct background checks, and a DUI can make it harder to get a job.
• Higher Auto Insurance Rates – A DUI classifies you as a high-risk driver, leading to significantly higher insurance premiums.
• Housing Difficulties – Some landlords may deny rental applications due to a DUI conviction.
• Professional Licensing Issues – If you hold a professional license (nursing, law, teaching, etc.), a DUI may trigger disciplinary actions or even revocation.

Can a DUI Be Removed from Your Record?

• In Virginia, a DUI cannot be expunged unless the charge is dismissed or you are found not guilty.
• However, an attorney can help explore options to mitigate the consequences of your conviction.

Frequently Asked Questions (FAQ) About DUI in Virginia Beach

Can I be charged with a DUI if I wasn’t actually driving?

• Yes. In Virginia, you can be charged with a DUI while sitting in a parked car if the officer believes you were in "actual physical control" of the vehicle while impaired. Factors like whether the engine was running, where you were sitting, and if the keys were in the ignition can influence the charge.

What should I do if I’m pulled over for suspected DUI?

• Stay calm and be polite to the officer.
• Provide your license, registration, and insurance when asked.
• You do not have to answer questions about drinking or where you were coming from.
• You can refuse field sobriety tests (walk-and-turn, one-leg stand, etc.), but refusing a breath or blood test after arrest may result in a license suspension.

Will I lose my job if I’m convicted of DUI?

• It depends on your employer and job type. A DUI can be particularly problematic if you hold a commercial driver’s license (CDL), work in government positions, or have a job that requires a clean background check. Some employers may terminate employees for DUI convictions, while others may not.

How long does a DUI stay on my record in Virginia?

• A DUI conviction stays on your criminal record permanently in Virginia and cannot be expunged. It also remains on your driving record for 11 years, affecting your insurance rates.

What’s the difference between a DUI and a DWI in Virginia?

• In Virginia, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are used interchangeably and carry the same penalties. The terms refer to operating a vehicle under the influence of alcohol, drugs, or a combination of both.

Can I refuse a breathalyzer test in Virginia?

• You can refuse a preliminary breath test (PBT) at the scene without penalty. However, if you refuse the official breath or blood test after arrest, you may face an automatic one-year license suspension for a first refusal and additional penalties for repeat refusals.

Will I have to install an ignition interlock device (IID) after a DUI?

• Yes, if you are convicted, Virginia requires an IID for at least six months for a restricted license. This device prevents your car from starting if alcohol is detected in your breath.

Contact Our Virginia Beach DUI Attorney for Assistance

If you have been accused of a drunk driving charge or would like more information on the topic, reach out to our Virginia Beach DUI defense lawyer today for help. As a former police officer with decades living in the local area, including careers on both sides of the law, he is more than equipped to take on your case.

Protect Your Future – Contact Us Today!
A DUI conviction can have serious consequences. Let us fight for you. Call (757) 447-0080 or contact us to get started!