Practice Areas
- Nursing Home Abuse
- Personal Injury and Automobile Accidents
- Medical Malpractice
- DUI, Traffic and Criminal Law Defense
- Business Litigation
- Divorce
Blog 
DUI, Traffic and Criminal Law Defense
- Changes to "Move Over" law effective July 1, 2010
- National "Click It or Ticket" campaign begins today
- Special license plates for convicted DUI offenders?
- The fallout from a DUI conviction
- Can an anonymous tip be used as the sole justification for stopping a suspected drunk drivers?
Firm News
Former Virginia Beach deputy sentenced in DUI crash case
Posted on 6/27/2010
Shore Drive speed limit lowered to 35
Posted on 6/4/2010
Child Abuse Charges for Virginia Beach DUI Driver with Kids in Car
Posted on 5/31/2010
DUI Conviction for Former Virginia Beach Police Officer
Posted on 5/28/2010
Felony charges for "sexting" Franklin teens
Posted on 5/20/2010
Are alcoholic energy drinks to blame for Virginia Beach DUI death?
Posted on 4/30/2010
Virginia Beach city employee charged with DUI after hit-and-run crash
Posted on 4/30/2010
Bond revoked for man accused in Virginia Beach DUI hit-and-run
Posted on 4/26/2010
Richmond to Install Red-Light Cameras
Posted on 4/22/2010
St. Patty’s sobriety checkpoints lead to 9 Virginia Beach DUI arrests
Posted on 3/27/2010
Firm Library
DUI, Traffic and Criminal Law Defense
- Can the Virginia bar or restaurant where you were drinking be held responsible for your DUI?
- What to expect after a Virginia DUI arrest
- Virginia DUI Attorney: Why you need to FIGHT HARD against DUI charges
- The high stakes of a DUI conviction in Virginia
- Virginia's Move Over/Slow Down law regarding emergency vehicles
Virginia DUI Laws for First Time Offenders
It is illegal in Virginia to drive with a Blood Alcohol Concentration of .08 or greater. For a 150 pound man, this can be as few as five beers in a two hour period. Because it can be easy to slip over the legal limit, you should be aware of the potential penalties you face if caught drinking and driving.
The First Offense in Virginia is a Class 1 misdemeanor. This means that the maximum penalty a judge may dole out is a $2,500 fine, one year in jail, and an additional year of suspended license privileges.
Judges in Virginia no longer have any discretion in allowing you to continue driving. They must suspend your license for a year. In order to let you get on with your life, however, the judge may order restricted driving privileges. This would enable you to travel at certain times and only to places like school, work, and your alcohol class. If you are caught violating your restricted driving privileges, the judge will surely hand down a stiffer penalty.
Everyone convicted of a DUI in Virginia must enroll in and complete the Virginia Alcohol Safety Action Program (VASAP). VASAP is a 20 hour substance abuse and driving course which costs $300.
Implied Consent
In Virginia, any driver who operates a motor vehicle on a highway is deemed to have given their consent to have samples of blood, breath, or both taken for chemical testing to determine the alcohol or drug content of his blood. You can read the full statute here.
Refusing to consent to blood or breath testing will result in an additional year of suspended driving privileges. Again, this is mandatory, not optional for the judge. The full statute is available here.
First offenders in Virginia have a lot to lose. If you are accused of driving under the influence, you need an attorney with the experience to fight the charges in the courtroom. Weisberg & Zaleski regularly defend DUI clients in Norfolk, Virginia and Portsmouth, Virginia courtrooms.
Ask an Attorney
Free Consultation
Michael S. Weisberg, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
Get Directions
FAQs
DUI, Traffic and Criminal Law Defense
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- If I am guilty of the charge, shouldn't I plead guilty and pay the fine?
- Do you guarantee that my case will be successful?
- I have been asked to sign some forms by the police officers. What should I do?
- When should an attorney be present with me?