Virginia DUI Defense Lawyer James Short Protects Clients Facing Enhanced DUI Charges
Your heart pounds as you sit in the Chesapeake courthouse waiting area, wondering about the potential consequences of your DUI. With a previous conviction on your record, you're worried that this DUI felony charge could mean serious jail time and the end of your career. We understand the stress and uncertainty you're experiencing.
As an experienced Virginia DUI defense lawyer, James E. Short helps clients understand their legal options and builds strong defenses against misdemeanor and felony DUI charges.
Understanding Virginia Felony DUI Charges
In Virginia, a third or subsequent DUI offense within 10 years automatically becomes a Class 6 felony. This enhancement occurs regardless of the circumstances of your current arrest or blood alcohol content level.
The 10-year lookback period begins on the date of your first offense. Previous DUI convictions from other states count toward the total number of offenses when determining if the current charge qualifies as a felony.
Virginia law defines driving under the influence as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Even if your BAC is below the legal limit, you can still face DUI charges if the officer observes signs of physical or mental impairment, such as erratic driving patterns, slurred speech, poor balance or coordination, or inability to follow simple instructions.
Penalties for Felony DUI Conviction
A felony DUI conviction can carry severe penalties in Virginia:
- Minimum 90 days in jail
- Up to five years in prison
- Minimum $1,000 fine
- Indefinite driver's license revocation
- Mandatory ignition interlock device upon license reinstatement
- Permanent criminal record affecting employment and housing opportunities
Aggravated DUI Criteria Under Virginia Law
Certain circumstances can enhance the penalties for any DUI charge, even a first offense. Scenarios that may lead to aggravated DUI charges include:
- Excessively high blood alcohol content of 0.15% or higher
- Driving with a minor passenger under the age of 17
- Repeat DUI offenses
- Reckless driving at more than 20 mph over the speed limit
- Causing an accident resulting in injury
- Driving on a suspended license
Additional Penalties for Aggravating Factors
If you are convicted of an aggravated DUI in Virginia, you may face mandatory jail time ranging from five days to six months. The courts may also levy fines of up to $2,500, extend the license suspension period, and require mandatory substance abuse treatment. You may also face supervised probation and installation of an ignition interlock device.
The Importance of Early Legal Representation
Evidence in Virginia DUI cases is time-sensitive. Blood alcohol readings, police officer observations, and eyewitness statements must be carefully examined. Early involvement of an experienced Virginia DUI defense lawyer allows for:
- Preservation of crucial evidence
- Investigation of police procedures
- Review of testing equipment calibration records
- Identification of constitutional rights violations
- Development of effective defense strategies
Building a Strong DUI Defense Strategy
One recent client, Owen, faced a mandatory minimum sentence for a third DUI offense. Through careful investigation and strategic defense planning, our firm helped him avoid the mandatory minimum. Let us help you explore your potential defense strategies.
Challenging the Traffic Stop
We can begin by scrutinizing the legitimacy of the traffic stop. Law enforcement must have reasonable suspicion to initiate a stop, so we carefully review the officer's stated reason, dashboard camera footage, written reports, witness statements, and relevant traffic and weather conditions.
Questioning Field Sobriety Tests
Field sobriety tests (FSTs) may be compromised by uneven testing surfaces, poor weather conditions, or the presence of physical limitations and medical conditions. Improper test administration, stress and anxiety affecting performance, and potential officer bias in interpreting results can all impact their validity.
Examining Chemical Test Evidence
Chemical test evidence requires an equally thorough investigation. We review machine calibration records, maintenance logs, and testing officer certifications. The chain of custody documentation, time between stop and testing, proper observation periods, and blood sample storage conditions can all affect the reliability of these results.
Medical and Environmental Factors
Conditions like acid reflux can cause false breathalyzer readings, while diabetes may produce ketones that mimic alcohol. Inner ear problems can affect balance test performance, and certain medications may interfere with field sobriety testing. Even environmental factors like extreme weather can significantly impact coordination and test results.