Virginia Beach Felony DUI Lawyer
A felony DUI charge in Virginia has serious penalties. If convicted of a felony DUI, most, if not all, aspects of your life can change dramatically. A felony DUI conviction can have life-altering consequences, affecting your freedom, reputation, and future opportunities.
Under Virginia law, ‘driving under the influence’ (DUI) refers to operating a motor vehicle while impaired by alcohol or drugs, and certain circumstances—such as repeat offenses or causing injury—can elevate a DUI to a felony. Felony penalties far outweigh misdemeanor penalties. A failure to take your charges seriously can gravely impact the outcome of your case. Choosing the best course of action or legal strategy is critical when facing felony DUI charges. Understanding your charges and preparing your defense must be a top priority. The sooner you contact a Virginia felony DUI lawyer, the faster they can get to work on your case.
A DUI is more than a traffic infraction.
Virginia has strict DUI laws that carry costly penalties for anyone charged with DUI in Virginia. A conviction can cost you your job, relationships, money, and possible jail time.
Virginia has strict DUI regulations that include a legal blood alcohol content (BAC) limit of 0.08%. A DUI conviction in Virginia can lead to mandatory jail time, suspension or revocation of your driver’s license, and the installation of an ignition interlock device. Penalties for DUI in Virginia can vary based on several factors, such as previous offenses and BAC levels at the time of arrest.
A DUI arrest is a criminal charge that is a felony under certain circumstances. DUI felony charges result when:
A felony DUI in Virginia Beach typically involves immediate arrest, mandatory minimum jail time, significant fines, and license revocation. Under Virginia law, DUI felonies are Class 6 felonies, carrying a mandatory minimum fine of $1,000 and indefinite license revocation. Mandatory minimum jail time for a felony DUI is 90 days if within 10 years of a prior offense, or six months if within 5 years. If a prior DUI conviction is ruled invalid, the current felony may be reduced to a misdemeanor. Virginia law also enforces strict penalties for refusing a chemical test when suspected of DUI, which can include automatic suspension of your driver’s license.
Felony DUI cases in Virginia Beach follow a distinct procedural path, including a preliminary hearing and grand jury certification. The prosecution and prosecutors play a critical role in these cases, and an experienced attorney can challenge the prosecution’s evidence or negotiate for reduced charges, such as reckless driving, or even seek dismissals or not guilty verdicts.
Navigating the court system and Virginia DUI laws is difficult to do alone. Securing representation from a Virginia Beach felony DUI lawyer can ease your stress. Waiting until your approaching court date is too late to build the defense you deserve. If you were recently charged with a felony DUI, act now. Contact a Virginia Beach DUI attorney without delay.
A felony DUI conviction can forever change your life. Start building your defense now with help from The Phoenix Trial Firm.
We put our skills and experience to work for you.
At The Phoenix Trial Firm, we know how the Virginia court system works. Past case success demonstrates our commitment to the clients we serve.
Our attorneys have been recognized as ‘super lawyers’, ‘legal elite’, and ‘rising stars’ by respected organizations and publications such as Coastal Virginia Magazine. We are proud to have members inducted into the National College of DUI Defense, reflecting our dedication to excellence and national recognition in DUI law.
We serve clients throughout Hampton Roads, including Virginia Beach and Newport News, bringing local expertise and a deep understanding of the unique legal landscape in these areas. Our team has decades of experience practicing law and defending DUI cases in Virginia courts.
Stephen is a highly experienced DUI attorney, NHTSA-Certified in Standardized Field Sobriety Testing, who has tried thousands of DUI cases and has over 500 client reviews on Avvo and over 300 reviews on Google. Stephen personally handles your case from start to finish, ensuring you receive dedicated attention and skilled representation.
Our team includes attorneys like Anthony L. Montagna, III, who has been winning DUI and DWI cases for over 28 years, and Scott Hallauer, who has handled thousands of DUI cases as both a prosecutor and a defense attorney. The Tillotson & Martin team has successfully handled DUI/DWI cases in over 100 cities and counties in Virginia and were chosen to write the book on Virginia DUI Law, demonstrating their deep understanding of local courtroom procedures and their leadership in the field.
Each member of our team is here to help, not to judge. We understand your fears as you face harsh penalties if convicted. Your attorney from our firm will stand by you from Day One, providing the quality legal representation you deserve.
You must take a felony DUI charge seriously. Contact us today to let us use our experience to your advantage.
Our attorneys investigate your arrest and charges.
Despite your DUI felony charges, you must continue to deal with daily tasks and obligations. It is difficult, if not impossible, to give your case the time and focus needed for a successful outcome.
At The Phoenix Trial Firm, criminal law is a part of our stellar legal services. We help you with your DUI defense by:
We are committed to fighting aggressively for our clients, providing guidance at every stage, and helping protect your rights and interests in DUI cases and other traffic matters. Common defenses for felony DUI charges include improper stop, challenging field sobriety and chemical tests, medical conditions, and rising blood alcohol defense.
In some cases, attorneys successfully get BAC testing excluded, the stop itself excluded, or other evidence kept out of court. By having the ability to examine your case from every angle, your attorney has the opportunity to build the best defense possible.
An experienced attorney answers frequently asked questions.
What is the difference between DUI and DWI in Virginia?
In Virginia, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably, but both refer to operating a vehicle while impaired by alcohol or drugs. The legal implications and penalties are similar, and both charges require expert legal defense. If you are facing either a DUI or DWI charge, it is crucial to have a felony DUI lawyer VA Beach who understands the nuances of Virginia law.
How can a DUI conviction affect my life?
A DUI conviction can significantly affect your employment opportunities and may also result in travel limitations, especially to countries with strict entry requirements. Additionally, insurance rates can increase dramatically after a DUI conviction, and some providers may even cancel your policy. If the DUI is charged as a felony, you will also lose your voting rights and the right to possess firearms.
Why should I hire The Phoenix Trial Firm for my felony DUI case?
At The Phoenix Trial Firm, we treat every client as if they were a family member, providing compassionate and dedicated defense. Our attorneys are committed to fighting for your rights and achieving the best possible outcome for your case.
How does the time between drinking and driving affect my case?
The time elapsed between drinking and driving—such as a period of two hours—can be critical in DUI defense strategies. This time frame can impact the results of sobriety tests and your blood alcohol concentration (BAC) level, which may strengthen your defense depending on the circumstances.
What should I do if I am asked to take a sobriety test?
If you are stopped and asked to take a sobriety test, remember that the results can be influenced by many factors, including the time (for example, two hours) since your last drink. It is important to contact an experienced felony DUI lawyer VA Beach to discuss your options and protect your rights.
No. While you have a legal right to refuse a field sobriety test, a breath or blood test is mandatory under Virginia implied consent laws. Refusing a chemical test can result in a refusal charge, which carries automatic penalties such as immediate license suspension—even if you are not convicted of DUI.
Whether your felony DUI charges are reduced or dismissed depends upon various factors. A Virginia Beach felony DUI attorney will carefully review all evidence to secure the best outcome possible. In some cases, charges may be reduced to reckless driving, or even dismissed entirely. Additionally, if a prior DUI conviction is ruled invalid, the current felony may be reduced to a misdemeanor.
Yes. Virginia law sets a BAC level of .02 percent for drivers aged 21 and under. An underage DUI charge is typically a class 1 misdemeanor with penalties such as license suspension, hefty fines, and possible jail time.
Your DUI arrest turns your world upside down. The anxiety of your court date and your penalties leave you with more questions than answers. A Virginia Beach DUI attorney experienced with felony cases can answer your questions regarding your next step.
Now is the right time to get help with your defense!
A felony DUI charge is a frightening experience, and rightly so. Virginia law clearly defines the strict penalties for such charges. Potential career loss, the end of a marriage, or financial hardship are all possible outcomes of a felony DUI conviction. At The Phoenix Trial Firm, we are committed to fighting for you and protecting your rights and future by providing a solid defense against your felony charges.
If you face a possible felony DUI conviction, start your defense now. Time is of the utmost importance in criminal defense cases. We offer a free consultation for DUI defense cases, so you can get the legal advice you need without hesitation. Contact The Phoenix Trial Firm for help with your Virginia Beach felony DUI case. Call (434) 260-6881 today to build your DUI defense.
Facing DUI charges in Virginia Beach is a serious matter that can have life-altering consequences. A DUI conviction under Virginia law can lead to severe penalties such as driver’s license suspension, mandatory ignition interlock device installation, higher fines, and even jail time. For many, these penalties can impact employment, family life, and future opportunities. That’s why it is critical to have an experienced DUI attorney by your side—someone who understands the complexities of DUI defense and can provide the aggressive representation you need.
A skilled Virginia Beach DUI lawyer brings invaluable experience to the table, helping clients navigate the legal system and fight for the best possible outcome. From the moment you are arrested, a criminal defense attorney can begin building a strong defense, examining every detail of your case. Whether you are facing your first DUI or dealing with repeat offenses, having a knowledgeable defense attorney can make a significant difference in the outcome of your case.
DUI cases often involve field sobriety tests, breathalyzer tests, and chemical tests administered by a police officer during a traffic stop. These tests are not infallible, and an experienced attorney can challenge their accuracy and the procedures used. By scrutinizing the evidence and identifying any errors or violations of your rights, your DUI lawyer can work to have charges reduced or even dismissed.
Recovered $45,000 for a client injured in an motorcycle accident.
Recovered $60,000 for a client injured in an automobile accident.
Recovered $80,000 for a client injured in an automobile accident.
Recovered $100,000 for a client injured in an automobile accident.
Recovered $35,000 for a client injured in an automobile accident.
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