Expert DUI & DWI Defense in Virginia
DUI and DWI charges in Virginia carry severe consequences that can impact your record, your finances, and your future. At Mattox Law, we have the expertise and local knowledge to fight these charges and protect your rights.
What Are DUI & DWI in Virginia?
In Virginia, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are often used interchangeably, but both involve operating a vehicle while impaired by alcohol or drugs. The severity of penalties depends on your blood alcohol content (BAC), prior convictions, and other factors.
Key offenses include:
- BAC of 0.08% or Higher: Legal limit for drivers 21 and older.
- BAC of 0.02% or Higher: For drivers under 21, reflecting the state’s zero-tolerance policy.
- Driving While Impaired by Drugs: Illegal drug use or prescription drug impairment can lead to a DWI charge.
Penalties for DUI & DWI in Virginia
A conviction for DUI or DWI can lead to:
- Mandatory Jail Time: Especially for elevated BAC levels or repeat offenses.
- Fines: Ranging from $250 to $2,500, depending on the offense.
- License Suspension: Up to 12 months for a first offense, with ignition interlock requirements.
- Increased Penalties for Aggravating Factors: Including transporting minors or causing an accident.
- VASAP Participation: Mandatory enrollment in the Virginia Alcohol Safety Action Program for most convictions.
How Mattox Law Defends DUI & DWI Cases
Challenging BAC Evidence
We evaluate the accuracy of breathalyzer tests, blood draws, and field sobriety tests. Calibration errors, improper procedures, or mishandled evidence can create reasonable doubt.
Examining Probable Cause
A DUI or DWI arrest requires proper probable cause for a traffic stop. If law enforcement failed to meet this standard, we can seek to suppress evidence.
Investigating Officer Testimony
We analyze the arresting officer’s report and testimony for inconsistencies, exaggerations, or procedural errors that can weaken the prosecution’s case.
Addressing Prescription Drug Impairment
If your DWI charge involves prescription medications, we can present evidence showing proper use and a lack of impairment at the time of the incident.
Negotiating Reduced Charges
Our team frequently negotiates for charges to be reduced to reckless driving or improper driving, which carry less severe penalties than a DUI or DWI conviction.
Presenting Mitigating Evidence
We recommend proactive steps, such as completing a VASAP course, community service, or substance abuse treatment, to demonstrate your commitment to addressing the issue.
Contesting Elevated Penalties
For cases involving elevated BACs, transporting minors, or accidents, we work to mitigate additional penalties by challenging the evidence or circumstances surrounding the charges.
