10 Best Questions to Discuss with a Virginia DUI Lawyer

1. How Experienced Are You with Virginia DUI Cases and Trials?

When faced with a DUI charge, it’s normal to feel worried, upset, and nervous about the potential impact on your life. The consequences and penalties for a DUI conviction have become increasingly severe in many states, and it’s crucial to have an experienced lawyer to help you protect your future. Look for a lawyer who has a strong history in handling Virginia DUI cases.

2. What Kind of Investigation Will You Do for My Virginia DUI Case?

A good investigation is vital to understand your Virginia DUI case better. Your lawyer should review all the documents and evidence like police reports, witness statements, and Breathalyzer or blood test results to prepare a defense plan. Your attorney will carefully go over the details of the events leading up to your DUI arrest and what happened during the traffic stop. Then, your attorney will evaluate the evidence against you and work to develop the best defense to fit the facts of your Virginia DUI case.

3. What Defense Strategy Will You Use for My Virginia DUI Case?

Each DUI case is unique. An experienced Virginia DUI lawyer should create a defense plan considering the details of your case and what outcome you hope for. A smart strategy can sometimes lead to reduced charges or even dismissal of your case. Your attorney will look for any weaknesses in the Commonwealth Attorney’s case against you that you can use to your advantage. 

In some cases, this could mean certain pieces of evidence could be withheld from consideration by the court, resulting in having the charges or penalties against you reduced or even dropped. In other cases, it might mean negotiating with the prosecution to guarantee an outcome without active jail time.

4. What Do You Think Will Happen in My Case, Based on Your Experience?

While outcomes can vary, your lawyer might have an idea of what to expect in your case based on past experiences and trends in the local courts. A Virginia DUI attorney experienced in the jurisdiction where you face charges may have greater knowledge of typical outcomes in a particular court, but results can still vary depending on which prosecutor is handling your case. 

Your previous criminal history, especially previous DUI convictions, could also affect the outcome and lead to harsher judgment or penalties than a first offense DUI. While there is no way for anyone to definitively predict the results of a DUI case, it may be possible to learn how DUI cases similar to yours are typically handled.

5. What Penalties Might I Face if Convicted of a DUI in Virginia?   

Virginia DUI penalties have become harsher over the years to discourage drunk driving. Penalties for even a first offense include a suspended driver’s license, ignition interlock device installation, probation, fines, alcohol education sessions, and even jail time. Second or third offense DUIs carry even stricter penalties, many of which may be mandatory under the law. 

Your lawyer should explain to you the potential penalties that you may face based on the facts of your DUI case and any previous convictions, and work with you to develop a strategy to obtain the best possible results for your circumstances.

6. How Can I Improve the Outcome of My Virginia DUI Case?

It’s wise to avoid drinking. Especially make all efforts to avoid any situation in which you might be accused of drunk driving afterward. Showing proactive responsibility, like voluntarily attending alcohol counseling, can show a judge that you are taking the situation seriously and help improve your case’s outlook. 

Also, having a job or demonstrating family responsibilities could show the court that harsh penalties like jail time or license suspension would be overly detrimental and cause lasting harmful impact on your personal and professional life. You should make every effort to convince the court that jail time or steeper fines for your Virginia DUI are not necessary.

7. Will I Lose My Driver’s License Automatically If Arrested for DUI?

In Virginia, if you are arrested for a DUI, there is a process known as Administrative License Suspension (ALS) which comes into effect. The following points summarize the consequences and procedures regarding your driver’s license post a DUI arrest:

• Immediate Administrative Suspension: Upon arrest for a DUI, if your Blood Alcohol Content (BAC) is 0.08 or higher, or if you refuse to take a breathalyzer test, your driver’s license will be administratively suspended immediately. For a first-time offender, this suspension lasts for 7 days. For a second offense, the administrative license suspension increases to a period of 60 days.
• Post-Conviction Suspension: If convicted of a DUI, a first-time offender will have their driver’s license suspended for one year from the date of conviction. The suspension period increases with subsequent convictions; a second conviction within ten years leads to a three-year suspension.
• No Driving During Suspension: During the administrative suspension period, driving is not permitted for any reason.

The administrative suspension of your license is automatic upon arrest if the mentioned conditions (like a BAC of 0.08 or higher) are met, even before a court conviction. The suspension period post-conviction is separate and longer, as determined by the court based on the circumstances of your case and any previous DUI convictions. 

It is possible under some circumstances to obtain a restricted driver’s license under Virginia DUI law, which, for example, would allow you to drive to and from work or school. Your lawyer will help you understand what options you have to retain your driver’s license after a DUI arrest in Virginia.

8. Is There a Way to Avoid Jail Time If Convicted of a Virginia DUI?

Many first-time offenders can avoid jail sentences if convicted of a DUI in Virginia, but repeat offenders or those with a criminal history may face mandatory jail time as per state laws or active jail time at the judge’s discretion. In Virginia, there are various alternative sentencing options available for individuals convicted of a DUI (Driving Under the Influence) offense, especially if it’s a first-time offense or if it is an underage DUI charge. 

The aim is often to rehabilitate the offender, prevent future offenses, and minimize the impact of the conviction on their life while ensuring public safety. Your Virginia DUI lawyer can explain your options, which might include: probation, community service, Virginia Alcohol Safety Action Program (VASAP), obtaining an ignition interlock device, DUI and alcohol education programs, or house arrest.

9. What Kind of Plea Deal Might I Get?

DUI cases are common in most Virginia jurisdictions. Because of this, the prosecutors may have standard plea deals they are often willing to offer. In Virginia, the kind of plea deal you might get for a DUI case can vary based on the specifics of your case, the jurisdiction, and the prosecution’s assessment of their chances of securing a conviction. Accepting a plea deal, like pleading guilty to a lesser charge, could lead to lighter penalties, potentially helping you avoid jail or other serious consequences.

10. How Long Will My Virginia DUI Case Take?

DUI cases might resolve in a few months, but complexities can extend this timeline. The duration of a DUI case in Virginia can vary based on numerous factors including whether a plea is entered, whether the prosecution is waiting on forensic evidence from a blood draw, or if the case goes to trial. The stages of a DUI case generally include arrest, booking, arraignment, preliminary hearing (in the case of a felony DUI or a DUI charge associated with a separate felony), and potentially a trial.

 Each stage has its own timeline which can be affected by legal strategy, court schedules, and other factors. Ask your lawyer for a more precise timeline based on your individual circumstances and local court procedures. Whether reaching a plea deal or going to trial, contacting a Virginia DUI lawyer as soon as possible and giving your lawyer enough time to work on your case thoroughly is crucial for a better outcome.

Facing a DUI in Virginia can be a scary experience, but having an experienced DUI attorney by your side can significantly impact the outcome. Entrust your case to David G. Parker Law–the right lawyer makes all the difference. With a background as a former prosecutor and 15 years of experience, David Parker has a unique insight into the prosecution’s tactics and will work to use that to your advantage. 

Contact David G. Parker Law today for a free, confidential consultation. Whether through phone, video call, or in person at our downtown Staunton, Virginia, office, we’re here to provide the support you need in this challenging time and protect your future.