La Fratta Law
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A DUI charge can disrupt every aspect of your life. Even if you avoid jail, the potential penalties are financially burdensome and time-consuming.
If you are facing a drunk driving charge, contact a Greene County DUI lawyer at La Fratta Law right away. Our seasoned criminal defense attorney will strive to minimize the harsh consequences of a DUI.
Virginia Code §18.2-266 makes a first-time DUI a Class 1 misdemeanor, and a conviction creates a criminal record that will follow you forever. Potential penalties for a first-time DUI include a $2500 fine, jail time of up to one year, and a 12-month driver’s license suspension. The penalties increase significantly if you have prior offenses. You may also face a mandatory Virginia Alcohol Safety Action Program education program and have to install an ignition interlock device in your vehicle.
Our defense attorney has extensive experience handling DUI cases in Greene County and can explain the likely penalties in your situation. Each prosecutor’s office has its own preferences in resolving DUI cases, so working with local counsel is essential.
If the police suspect you of drunk driving, they will stop you and likely ask you to perform a roadside sobriety test. If the officers detect signs of intoxication, they can arrest you whether you perform the tests or not.
If the police arrest you, they must read you your rights and transport you to the police station for booking. An officer will then administer a chemical test at the police station. Refusing this test is a separate offense that leads to an automatic one-year license suspension and can be used against you in court.
If this is your first offense, you may be released from custody after a few hours on your own recognizance or after arranging bail. When there are aggravating factors like a prior criminal record, resisting arrest, or involvement in a serious accident, you may be held for a judicial arraignment. In either case, you should contact a DUI defense attorney in Greene County as quickly as possible.
Your arrest will have triggered an administrative license suspension (ALS), even though you have not been convicted of a crime. This suspension lasts for seven days if this is your first offense, but it can extend for months if you have prior convictions. You can regain limited driving privileges if you install and pay for an ignition interlock device on your vehicle.
If you failed a chemical test, you might feel there is little chance of escaping conviction. However, a failed breathalyzer or blood test is just evidence, and it can be challenged. A Greene County defense attorney can craft a defense strategy that limits the consequences of your DUI charge.
Your lawyer will review the circumstances of your DUI arrest, evaluating whether the officers had a legitimate reason to make the traffic stop, probable cause to make an arrest, and whether your Constitutional rights were honored during the process. If the police conduct was problematic, we could move to have charges dismissed.
Challenging the results of the chemical tests is also an option. Negotiating a reduction in the charge can circumvent some of the more onerous penalties of a drunk driving conviction, and sometimes the facts of the case, such as a medical condition that impacted the results of sobriety tests, provide the basis for a strong defense.
A DUI conviction creates a criminal record and involves harsh penalties, so you should not try to manage your case without legal advice. Contact the Greene County DUI lawyer at LaFratta Law for skilled representation and legal guidance.
La Fratta Law
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