Virginia DUI Attorney - Michael A. Robinson, Esq.

Don’t let a Virginia DUI ruin your record.  As a former Prosecutor and current DUI Lawyer, Michael Robinson has seen thousands of these cases and has the track record, aggressive defense and proven reputation you need to fight your DUI charge and protect your record.

Consequences that can flow from a DUI arrest and prosecution include: loss of your driver’s license, vehicle impoundment, heavy fines, court costs and extensive administrative fees, probation, jail, etc.  If you are found guilty of DUI, your conviction can give you a permanent criminal record which could have even bigger consequences such as loss of your job or being prevented certain future employment – especially if it is a government job or involves driving.  There are other somewhat hidden penalties for these convictions.  Virginia DUI laws are strict - and the punishments are often harsh. 

Some of your friends or loved ones may advise you to represent yourself in court, or to retain an attorney that does not concentrate their practice on DUIs.  Given the complex nature of these charges and the potential penalties you could face, you need to protect yourself from losses of your rights and privileges – hire an attorney with the experience and aggressive defense you need to fight your DUI charge.  Contact DUI Attorney Michael A. Robinson of Robinson Law, PLLC for your free consultation!

Submit the free online Virginia DUI case evaluation form below and Virginia DUI Lawyer Michael Robinson will contact you directly for a free consultation.  If you are unsure or unable to provide certain information, leave those fields blank and complete the information you can.

If you prefer, you may call Virginia DUI Attorney Michael Robinson directly to discuss the information in the DUI case evaluation form.  He can be reached at 703-657-9867. 

If the form does not appear below, click the following link to open in a new window Free DUI Case Evaluation Form Link.

Virginia DUI Laws

Within the Code of Virginia, the following is written into law concerning the operation of motor vehicles while under the influence of alcohol.

§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth.

Breath Tests

When you are pulled over for probably cause or for another traffic offense and law enforcement has reason to believe you are intoxicated, you are not given the choice as to which types of tests you will be required to take.  If the officer had reasonable suspicion to believe you are intoxicated, you were required to take a breath test.  Refusing to take this test is a misdemeanor. 

If you have had a prior DUI/DWI conviction and also refused to take the breath test in that instance, refusing the breath test again can carry a three-year license suspension penalty.  The appropriate administration of the breath test, and establishing that the officer had reasonable suspicion to require you to take the test, are areas of the DUI defense investigation that must be examined very carefully.

Virginia BAC Laws

All drivers with a BAC of .08 or higher.
Under 21 with a BAC of .02 or higher.
Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in Virginia

The implied consent law in Virginia means that as a driver in the State of Virginia you agree to submit to a chemical test of your blood, breath or urine if a peace officer has reasonable cause to believe you are under the influence of Alcohol or Drugs. If you refuse to submit to such a test you will be charged with refusal to take a blood alcohol test. The court may suspend your license if you are found guilty of the offense, and you may be subject to some of the same penalties that a DUI conviction would bring.

Virginia DUI Penalties

Virginia Code § 18.2-270 highlights the penalties associated with driving under the influence, driving while intoxicated; subsequent offense and prior conviction.

 § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction.

1st DUI Offense

Any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person's blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, if the level was more than 0.20, for an additional mandatory minimum period of 10 days.

2nd DUI Offense

Any person convicted of a second offense committed within less than five years after a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence.

Any person convicted of a second offense committed within a period of five to 10 years of a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence.

Upon conviction of a second offense within 10 years of a prior offense, if the person's blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500.

Felony DUI

Any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000.

The punishment of any person convicted of a fourth or subsequent offense of § 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000. Unless otherwise modified by the court, the defendant shall remain on probation and under the terms of any suspended sentence for the same period as his operator's license was suspended, not to exceed three years.