Even if you have no other criminal charges on your record, a single conviction for driving while impaired by alcohol or drugs can severely harm your professional and personal future. If you have been found guilty of driving while intoxicated (DWI) before, you may face even harsher penalties for a subsequent offense, possibly including multiple years behind bars.
Guidance from a seasoned Chesapeake DWI lawyer can significantly improve your chances of resolving a charge in the most favorable way possible, given your unique circumstances. From your initial arrest to the conclusion of criminal proceedings, our firm can ensure your rights are respected and work tenaciously to protect your best interests.
Our DUI/DWI Lawyers Handles the Following Types of Cases
- Aggravated DUI
- Drug DUI
- Felony DUI
- First Offense
- Second Offense
- Third Offense
- Underage DUI
Defining DWI as a Criminal Offense
Like other states, Virginia considers anyone with a measured blood alcohol concentration (BAC) of 0.08 percent or more—and any driver under 21 with a BAC of 0.02 percent or more—impaired by alcohol to the extent that they cannot safely and lawfully operate a motor vehicle. Additionally, a police officer who determines, based on their interpretation of available information, that someone is impaired by alcohol or drugs can arrest that person for DWI with or without an accompanying BAC test.
Unlike other states, state law also lists blood concentrations of certain drugs that, if found in someone operating a motor vehicle, can serve as grounds for arrest. Specifically, police can charge a driver with DWI if they find the driver has a blood concentration equaling or exceeding 0.1 milligrams per liter of methamphetamine or 0.02 milligrams per liter of either phencyclidine (PCP) or cocaine.
Based on state Supreme Court precedent, someone can be arrested for and convicted of DWI as they were in actual physical control of a vehicle while impaired by alcohol or drugs. As a DWI attorney in Chesapeake can explain, sitting at the steering wheel of a car with the keys in the ignition can constitute being in actual physical control of a vehicle for the purposes of DWI charges.
Possible Penalties from a DWI Conviction
A first-time DWI offender may face sanctions upon conviction of up to 12 months in jail, a $250 to $2,500 fine, and a one-year driver’s license suspension. If they want to get a restricted license to drive to work or school, they must have an ignition interlock device (IID) for at least six months in all their vehicles. A second conviction carries a mandatory minimum 10-day jail term up to a maximum of 12 months, a $500 to $2,500 fine, a three-year license suspension, and a six-month IID requirement. In addition, the BAC may add additional mandatory time
Third and subsequent DWI convictions are felony offenses punishable by between 90 days and five years of imprisonment, a $1,000 to $2,500 fine, and an indefinite license suspension. Anyone with questions about the sanctions a particular charge might lead to can get the answers they need from a practiced DWI lawyer in Chesapeake.
Talk to a Chesapeake DWI Attorney About Defense Options
DWI charges are serious matters that take in-depth work and legal know-how to deal with in a positive way. Without a capable legal professional on your side, your odds of successfully challenging an allegation like this and avoiding substantial criminal consequences may be very slim.
Instead, consider working with a Chesapeake DWI lawyer who knows how to fight and win on behalf of people dealing with situations much like yours. Call today to discuss your case with our team.
