Virginia Beach Felony DUI Lawyer

Fighting Felony DUI Charges in Virginia

At The Law Offices of Daniel J. Miller, our commitment to safeguarding your rights and securing your future is unwavering. If you're facing the daunting prospect of a felony DUI charge in Virginia, we understand the gravity of the situation. A felony DUI conviction can have life-altering consequences, affecting your freedom, reputation, and future opportunities. That's why our team of experienced Virginia Beach felony DUI lawyers is dedicated to providing you with the aggressive legal representation you need.

Call The Law Offices of Daniel J. Miller today at (757) 267-4949 or contact us online to schedule a meeting with our felony DUI attorney in Virginia Beach!

When is a DUI a Felony in Virginia?

Understanding the circumstances under which a DUI becomes a felony in Virginia is crucial for anyone facing such charges. A DUI (Driving Under the Influence) is a misdemeanor offense in the Commonwealth of Virginia. However, specific situations can elevate a DUI to a felony, leading to more severe penalties. Some common scenarios where a DUI can be classified as a felony in Virginia include:

• Third or Subsequent Offenses: If you have two or more prior DUI convictions within the past ten years, a subsequent DUI arrest will likely be charged as a felony.
• Involvement in an Accident: If you were involved in a DUI-related accident that resulted in serious bodily injury or death to another person, you may be charged with a felony.
• Child Endangerment: If you were arrested for DUI while a minor under 18 was in the vehicle, you could face felony charges under Virginia's child endangerment laws.
• Manslaughter While DUI: If your DUI offense led to a fatal accident, you may be charged with vehicular manslaughter, a felony offense carrying severe penalties.
• DUI with a Suspended or Revoked License: Driving under the influence with a suspended or revoked license can result in felony charges.
• Refusing a Breathalyzer Test: Refusing to submit to a breathalyzer test when arrested for DUI can increase penalties, including felony charges.

It's essential to remember that the specifics of each case can vary, and an experienced Virginia Beach felony DUI lawyer can assess your situation to determine the best course of action.

Defenses for Felony DUI in Virginia Beach

Defending against a felony DUI charge in Virginia requires a thorough examination of the circumstances and evidence. Felony DUI charges typically apply in cases of repeat offenses, accidents causing serious injury or death, or incidents involving minors. Here are some common defenses:

• Improper Stop: Stopping a vehicle without reasonable suspicion is an improper stop. A stop without reasonable cause could lead to the suppression of any evidence obtained during the stop, potentially weakening the prosecution's case.

• Challenging Field Sobriety and Chemical Tests: DUI charges often rely on results from field sobriety tests or breath/blood tests. Testing devices can produce inaccurate results if they are inaccurate, calibrated improperly, or administered incorrectly. It may be possible to challenge these tests, arguing that they are invalid, by hiring an experienced attorney.

• Medical Conditions: Certain medical conditions can cause symptoms or chemical readings similar to intoxication. For instance, hypoglycemia, acid reflux, or even fatigue can mimic impairment signs or skew breathalyzer results.

• Rising Blood Alcohol Defense: Alcohol absorption rates vary, and it’s possible that the driver's blood alcohol concentration (BAC) was below the legal limit while driving but rose to an illegal level later. This defense can be used if there’s a delay between the traffic stop and the BAC testing.

A skilled Virginia Beach felony DUI attorney can analyze these and other factors to build a strong defense, working to reduce charges or seek dismissal if possible.