Virginia DUI Attorney and Virginia's DUI Laws

If you have been arrested for driving drunk in Virginia, you need to get immediate help from Virginia DUI Attorney Michael Tillotson by calling him at (757)969-5197 or complete the short Free DUI Case Evaluation on the left.

Michael Tillotson exclusively handles drunk driving cases in VA and is recognized by the National College of DUI Defense for his commitment and dedication in defending citizens accused of a DUI in Virginia. He is a nationally certified breath test operator, and is NHTSA trained on field sobriety testing.

If you have been charged with driving drunk in Virginia, it's important that you quickly contact a DUI lawyer that knows and understands Virginia DUI laws, and the medical scientific issues that can provide valuable defenses to a DUI charge. Read below for more information on Virginia's DUI/DWI Penalties.

In the Commonwealth of Virginia, driving while intoxicated (DWI) is a criminal offense with serious consequences in Virginia. DUI law requires when arrested for drunk driving, the state confiscates your driver's license immediately and could suspend your driving privileges for a year or more. A conviction for even first offense DUI in Virginia could mean mandatory enrollment in the Alcohol Safety Action Program, paying large fines and new 'abuser' fees, performing community service, attending meetings with a probation officer, losing auto insurance coverage and serving up to one year in jail. A criminal record could impact your ability to travel and jeopardize your ability to find or keep a job.Receiving a DUI in Virginia should not be ignored or taken lightly.

Virginia DUI Attorney Michael C. Tillotson can help by honestly discussing your legal options with you and then developing the best drunk driving defense strategy for your case. Michael Tillotson has significant experience with drunk driving defense and protecting the rights of those accused of DUI in Virginia.

If you have been arrested for suspicion of a DUI in Virginia, get immediate help from Virginia DUI Lawyer Michael C. Tillotson by filling out the form to the left or by calling (757) 969-5197. The initial review of your case is free and confidential.

Michael Tillotson will offer you answers and aggressive dui defense strategies. He will take a personal interest in your case and explain the charges against you. Virginia drunk driving defense lawyer Michael Tillotson focuses exclusively on DUI defense and application of Virginia DUI laws. He will represent you in all stages of your case, including helping you keep your driving privileges, challenging evidence, questioning equipment calibration and maintenance, interviewing witnesses and preparing for trial. Virginia DUI Attorney Michael Tillotson will work to get the best possible result for you.

Virginia DUI Lawyer Michael C. Tillotson graduated Summa Cum Laude with a degree in Criminal Justice Studies, and he received the Alpha Phi Sigma Award for graduating with the highest grade point average. He earned a law degree from Marshall-Wythe School of Law at the College of William and Mary.

Michael Tillotson continues to develop DUI defense strategies and study court rulings by attending DUI seminars and specialized classes across the country. Besides being a top VA DUI attorney, he is a nationally certified breath test operator and he owns the two most common breath test machines used in Virginia, the Intoxilyzer 5000 and the Intoxilyzer S-D5. This helps him identify potential errors and misapplication of the equipment that could result in a false high reading. Michael Tillotson obtained a certifiate of training in the National Highway Traffic Safety Administration field sobriety testing.

Virginia DUI Attorney Michael Tillotson is a Life Member of the National Association of Criminal Defense Lawyers. He is also a member of the National College for DUI Defense and the Virginia Association of Criminal Defense Lawyers. He is nationally recognized by the National College for DUI Defense as a Criminal Defense Lawyer dedicated to defending citizens accused of DUI.

To schedule an immediate, free consultation call Virginia DUI Lawyer Michael Tillotson at (757) 969-5197 or fill out the consultation request form to the left.

Virginia DUI Laws

DUI/DWI is a class 1 misdemeanor in the Commonwealth of Virginia. A first time offense is punishable by up to one year in jail and/or up to $2500 in fines.

Virginia DUI laws mandate entry into ASAP (Alcohol Safety Action Program) and a one-year revocation of the defendant's drivers license upon conviction for a first time offense.

You are DUI/DWI if you have a BAC (blood alcohol content) of .08 or above. If you register a 0.08 or higher BAC, your driver's license will be suspended for seven days immediately after arrest. This is separate from the one year license revocation if you are convicted. You may appeal this suspension in the general district court where you were arrested, or by filing a challenge.

First time offenders convicted of driving drunk in VA with a blood alcohol content (BAC) between .15 and .20 percent will be sentenced to a minimum, mandatory five day incarceration. Those with a .21 percent or higher BAC will be sentenced to a minimum of ten days in jail.

If you are convicted of a DUI first offense, you may be eligible for a restricted license. The defendant must "move" the court for the restricted license, but the court is under no obligation to grant one. If the judge allows a restricted license, the limitations are often:

• Driving to and from VASAP (Alcohol Safety Action Program)
• Driving to and from work
• Driving during work hours with proper agendas
• Driving to and from school
• Driving to and from medical treatment

Some judges in Virginia do not allow the issuance of a restricted license until 30 days from the conviction date.

If you operate a motor vehicle on Virginia's public roads, you automatically agree to take a chemical test upon request. You are required to take the test. If you refuse, your license will be immediately suspended for seven days and it may be suspended for one year, whether or not you are convicted of driving under the influence. If you are convicted of DUI, the suspension period for refusing the test will be added to the DUI revocation period. You may appeal this suspension in the general district court where you were arrested, or by filing a challenge.

• If you are under age 21 and you drive with a BAC of at least 0.02 percent but less than 0.08 percent, you can be fined up to $500 and have your driver's license suspended for six months.
• If your BAC is over .08, your penalties will be the same as a driver over 21.

You will receive a one-year disqualification for driving a commercial motor vehicle with a blood alcohol content (BAC) of 0.04 or higher. The disqualification becomes three years if you were transporting hazardous materials at the time.

You will also receive a one year disqualification if you refuse a blood or breath test.

This is a 20 hour program which focuses on substance abuse and driving, substance abuse and health, and self evaluation of potential for substance abuse. (All persons will be tested for alcohol/drugs. If tested positive for either, the participant will immediately be re-classified for treatment.)

You will be probably placed on probation by the court and given a restricted license and ordered to report to the local ASAP office within 15 days. Offenders who fail to meet the requirements of ASAP probation will be returned to court as non-compliant and subject to revocation action by the court and instituted a suspended jail sentence.

To find a program: http://www.vasap.state.va.us/asap/

Virginia DUI law requires your vehicle to be impounded immediately for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The court can impound the vehicle for an additional 90 days if you are convicted.

Your insurance rates will rise considerably from any DUI conviction or guilty plea. You may lose your current insurance company and only find insurance with a company that offers less coverage for more money.

DUI convictions that involve accident, injury or death carry considerably greater penalties. For example, a criminally negligent homicide while DUI can lead to 1-10 years in prison, a minimum $5,000 fine, and revocation. A DUI vehicular homicide can lead to 4-12 yrs in prison, a fine of from $3,000-$750,000, and revocation.

Call DUI Attorney Michael Tillotson for more information on the DUI Law in Virginia and how they can affect the outcome of your case. It is very important that you hire a qualified and proven Virginia DUI Lawyer to handle your drunk driving case. Michael Tillotson is one of the best DUI lawyers in Virginia and has a proven track record in DUI defense. Call his office today to schedule a free appointment to discuss your case.