Virginia Beach DUI Defense Lawyer

Dedicated DUI Defense Attorney for Clients in Virginia Beach, Virginia

Whether or not you have had an encounter with the police before, a DUI charge can be stressful to deal with. Your driving privileges will be immediately suspended, even before your case has been decided. If you are convicted, you could face life-changing misdemeanor or felony penalties. A Virginia Beach DUI defense attorney can help you navigate your case and argue for your rights in court.

At Castellano Law Firm PLLC, we are passionate about defending people facing criminal charges. Attorney Vincent Castellano has past experience as a public defender, which has given him a comprehensive understanding of how best to represent clients in drunk driving cases.

How Does Virginia Define DUI?

Virginia law treats driving under the influence as a serious criminal offense, not just a traffic violation. A person can be charged with DUI if they operate a motor vehicle with a blood alcohol concentration of 0.08 percent or higher. A charge can also follow if a driver is impaired by alcohol, drugs, or a combination of both, even without a BAC reading at or above the legal limit.

Virginia also sets lower thresholds for certain drivers. A commercial driver can be charged with a BAC of 0.04 percent or higher, and a driver under 21 can be charged with a BAC as low as 0.02 percent.

Penalties for a DUI

A first DUI conviction in Virginia is a Class 1 misdemeanor. The standard penalties include a fine of up to $2,500, a 12-month license suspension, and mandatory completion of the Virginia Alcohol Safety Action Program. Jail time is not always required for a first offense, but it becomes mandatory when the BAC is elevated. A BAC between 0.15 and 0.20 percent carries a mandatory minimum of five days in jail. A BAC above 0.20 percent raises that minimum to 10 days.

The consequences grow considerably for repeat offenses. A second DUI within five years carries a mandatory minimum of 20 days in jail, a fine of at least $500, and a three-year license revocation. A second offense within five to 10 years still requires a mandatory minimum of 10 days. A third DUI within 10 years is charged as a felony, which can result in state prison time, a fine of up to $2,500, and indefinite license revocation.

A DUI conviction can also affect employment, housing, professional licenses, and other parts of a person's life well beyond the court date. That is why having a strong defense early in your case is crucial.

How to Respond to a DUI Charge in Virginia Beach

A DUI arrest does not automatically lead to a conviction. The evidence collected during a stop, the conduct of the officer, the accuracy of testing equipment, and the procedures followed throughout the arrest can all affect the outcome of a case. Field sobriety tests are not always reliable, and breathalyzer results can be challenged under certain circumstances.

Avoid discussing the details of the stop or the arrest with anyone other than your attorney. Gather any information you can recall about the stop itself, including where it happened, what the officer said, and how any tests were conducted. Keep any paperwork you received, including the summons, bond conditions, and license suspension notice.

The steps taken early in the process can shape what options are available later. An attorney can review the facts of the stop, evaluate the evidence against you, and identify whether any procedural or constitutional issues affected how the case was handled.

Contact a Virginia Beach, VA DUI Defense Attorney

At Castellano Law Firm PLLC, we are ready to review what happened and help you understand your options. Call 757-724-0073 or contact our Virginia Beach DUI defense lawyer today to schedule a free consultation.