It may seem like a simple choice to meet friends for a few drinks and relax before driving home from work. However, your life could change rapidly if a law enforcement officer pulls you over for suspected driving under the influence (DUI).
If this happens, you should be courteous and cooperative without making incriminating statements. The officer might search you and your vehicle, handcuff you, subject you to a breathalyzer or chemical testing, and administer field sobriety tests to determine if your blood alcohol content (BAC) is 0.08 or higher, or less if you are younger than 21. Do not panic. Our seasoned DUI defense attorney at La Fratta Law could help you resolve a first-time DUI in Charlottesville. Contact us today to get started.
Many people assume a driver’s first DUI is not that serious because it is a Class 1 misdemeanor, and people often think of misdemeanors as minor crimes. Virginia does not view it that way, and you could end up in jail with hefty fines and a license suspension. Under Virginia Code § 18.2-266, you commit a DUI if you drive with a BAC of 0.08 or higher. At their discretion, an officer could also charge you if you have a lower BAC or if drugs impair your driving. A very high BAC of .15 or more enhances penalties.
If you are a minor, any detectable alcohol is too much, and if you drive a commercial vehicle, your BAC is limited to 0.04. The tests to determine your sobriety include a breathalyzer test, a blood test, and a urine screening. An officer may also ask you to submit to field sobriety tests such as walking a straight line or touching the tip of your nose. When confronting your first DUI charge in Charlottesville, you need a skilled lawyer who can fight for the best outcome in your situation.
In every case of a first DUI, the judge has discretion at sentencing to impose penalties that fall within the legal guidelines, though these can be harsher depending on aggravating factors. Penalties may include:
Michael La Fratta assesses each case and fights for the best outcome. If you have been charged with a DUI for the first time, La Fratta Law in Charlottesville could help you protect your rights.
If your case goes to trial, your attorney may establish reasonable doubt by identifying specific legal defenses that could exonerate you. For instance, breathalyzers often produce unreliable results. If you have a medical condition that exacerbates balance issues, that may be why you failed to walk a straight line in a field sobriety test. If the Charlottesville officer lacked probable cause or did not warn you of your constitutional rights to remain silent and consult a lawyer, the court could dismiss your case or find you not guilty of a first-time DUI.
Our team at La Fratta Law believes that one mistake should not define you. A DUI conviction can impact your chances of obtaining employment, housing, or a bank or student loan, and can embarrass you and your family. We could work tirelessly to defend you and restore your good name. Contact our team today and schedule your complimentary consultation after a first-time DUI in Charlottesville.
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