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3330 Pacific Ave., Suite 303 B, Virginia Beach, VA 23451
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DUI Defense Team Provides Assistance in Virginia Beach

Aggressive defense challenges the state’s evidence against you

If you are arrested for DUI in the Virginia Beach area, you can expect vigorous prosecution and harsh penalties if convicted. A first offense DUI is a misdemeanor offense, not a traffic violation. You lose your license and can serve up to 12 months in jail. There are additional enhancements to the crime if the court finds aggravating circumstances, such as prior DUI convictions, excessively-high blood alcohol content (BAC), a minor in the car, or an accident involving property damage or harm to a person. With so much to lose from a DUI conviction, you need an aggressive legal defense. The Stallings Law Group, P.C. is ready to fight for your rights and obtain the best possible disposition of your case.

How Virginia’s implied consent law affects DUI prosecution

To charge you with a DUI, the state will attempt to collect evidence that your blood alcohol content was 0.08 percent or above, in violation of the legal limit. The first step in this process is usually the preliminary breath test (PBT) that an officer requests during the traffic stop. If you fail, this test provides the officer with probable cause for an arrest, but cannot be used as evidence in court. To collect this evidence, the officer must take you to the station for the state-administered breath test.

Virginia’s implied consent law only applies to the state-administered test. Therefore, you can refuse the roadside test (PBT) without jeopardizing your driving privileges. However, if you refuse the state-administered test, the state will revoke your license automatically for 12 months. To win an early reinstatement, you must have an administrative hearing and prove that the request for a state-administered test was unreasonable.

Under the implied consent law, it’s possible for you to win your DUI case, but still lose your license for a year because of your refusal to take the test.

Strategic defense scrutinizes police procedures in DUI arrests

Even if you have tested over the legal limit, an experienced criminal defense attorney may still be able to help you avoid a misdemeanor conviction. First, it may be possible to convince the court to exclude forensic evidence against you if:

  • The police had no probable cause for a traffic stop.
  • You refused the preliminary breath test and the officer had no probable cause to make an arrest.
  • Administrative violations make your state-administered blood test unreliable.

If the judge refuses to exclude the BAC evidence, your attorney may be able to negotiate a lesser charge, such as reckless driving involving alcohol (“wet reckless”), or reduced sentencing.

Contact our DUI attorneys in Virginia Beach for a vigorous defense

In DUI prosecutions, The Stallings Law Group, P.C. fights to give you every benefit of the law. We make sure the authorities respect your due process rights, as we work to achieve your best possible result. We make jail visits whenever necessary, and your first 30 minute consultation is free. Call us today at 757-422-4700 or contact our office online.