Practice Areas
- Personal Injury and Automobile Accidents
- Medical Malpractice
- DUI, Traffic and Criminal Law Defense
- Business Litigation
- Divorce
Blog 
- July 4, 2008
- DUI Cases
- Looking out for your teen driver
- The FDA Can’t Win
- Dog Bites
- Gas Prices IV
- Gas Prices III
- Hosting a Graduation Party in Virginia? Read This First!
- 1807 Norfolk, Virginia
- Gas Prices II
Firm News
W&L professor formally sues Virginia Lottery
Salmonella can ride water into tomatoes
Cold Medication Use In Young Children Can Lead To Adverse Effects, Even Death
Man in critical condition after being hit by car in Norfolk
Deaths linked to heparin use rise to 149
Two Naval Men Injured in Va. Beach Wreck
Ford Recalling 655,000 Trucks With Braking Problems
Study: Active Women at Reduced Risk for Breast Cancer
Beta Blockers Increasing Stroke Risk
Driver gets 60 days for hitting, dragging two children
Firm Library
Personal Injury and Automobile Accidents
- One in Three Va. Drivers Texting
- No Civil Liability for Hosts or Bars in Virginia
- Is Your Car Spying On You?
- What can be done about teen car deaths?
- Virginia's Seat Belt Laws
Medical Malpractice
- New Technology may Reduce Physician Mistakes
- Shortage of On-Call Specialists at Hospitals is Costing Patients
- Switching to Electronic Health Records has Great Benefits, But Poses Liability for Hospitals
- Website Allows Consumers to Compare Hospitals
- Medical Interns and Sleep Deprivation
DUI, Traffic and Criminal Law Defense
- Requesting a Restricted License in Virginia
- Ignition Interlock Devices & DUI Law
- How Virginia's Driver Demerit Point System Works
- Three Driving Demerit Point Offenses
- Four Driving Demerit Point Offenses
Divorce
General
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
Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223
FAQs
Personal Injury and Automobile Accidents
- Do I need a specialty lawyer for my personal injury case?
- When do I have a personal injury claim?
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- Should I leave my vehicle unmoved at an accident scene until the police arrive?
- Should I call an Attorney before seeking medical attention?
Medical Malpractice
- What will the attorneys fees cost?
- What should I do if I feel that I, or someone close to me, have been a victim of medical malpractice?
- How is medical malpractice defined?
- The result of the medical care was bad and I believe that my doctor made a mistake. Will I win my case?
- Do doctors have a duty to tell the patients of every possible risk associated with a medical procedure?
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?
- Does the failure of the police to give the Miranda warnings prior to arrest operate to make your arrest unlawful?
- I have failed my breathalyzer test. What good can an attorney do in such a case?
- When should an attorney be present with me?
- I have been asked to sign some forms by the police officers. What should I do?
Business Litigation
- What is involved in litigating a business matter?
- What are the alternatives to litigation?
- How does mediation differ from arbitration?
- What effort will you put in to my case?
- What fee schedule is employed for a class action?
Divorce
- If your spouse is in the military and you have been married less than ten years, do you have any rights to the military pension?
- Do you have to have the agreement of your spouse to get divorced?
- How is it possible to agree on a divorce with the best possible outcome for both parties?
- Can I and my spouse use the same attorney for our divorce for the purpose of saving money?
- How likely is it for a father to retain custody of the children?