In Virginia, drivers who drive while intoxicated will get arrested. A DUI is defined by a blood-alcohol content reading of at least 0.08 percent. Under implied consent laws, the driver is required to submit to chemical testing based on their choice to drive. An attorney could help anyone who is Arrested for DUI in Charleston today.
Initiating Your Right to an Attorney
Under federal laws, all individuals who are arrested have the right to legal counsel. An individual who is arrested for DUI may request an attorney before they undergo chemical testing. This doesn’t indicate that the defendant isn’t required to undergo testing, it just gives them the right to have an attorney present with testing is conducted.
Acquiring a Blood Sample
At any time that blood is drawn to test a defendant for controlled substances or alcohol, an attorney can acquire a sample. This second sample is submitted to a secondary agency for testing. The tests must have the same results. The attorney can use the second test results to discredit the prosecution’s case.
Identifying a Defense
An attorney identifies a defense based on the circumstances of the arrest. They can present the defense of improper stop, if the officers didn’t have probable cause to stop the driver. In order for the officers to stop them, the driver must have committed a moving violation. This doesn’t apply at a designated checkpoint.
What Are the Penalties?
A first-offense DUI requires a stay in county lockup for five days. Their driver’s license is suspended for one year, and the fine for this infraction begins at $250 and ranges up to $2,500. However, the circumstances of the arrest could increase these penalties. This includes a higher blood-alcohol content reading or if a minor is present in the vehicle.
In Virginia, all drivers are required to refrain from driving while intoxicated as it could equate to a felony under specific conditions. They may include the involvement of minors and alcohol consumption or child endangerment. Defendants facing these charges must acquire a viable defense. Anyone who is arrested for DUI in Charleston should contact an attorney now or visit for further details.