DUI Lawyer Lebanon, VA

When your reputation, freedom, and livelihood are on the line, we are the legal team to call for help.  At The Law Offices of Mark T. Hurt, we provide tenacious advocacy with the goal of ensuring clients’ voices are heard and rights are defended.

A DUI conviction can lead to drivers’ license revocation, exorbitant fines, loss of employment, a permanent criminal record, and even incarceration.  Even for first-time offenders, the consequences can be severe, especially if an individual is a minor or holds a commercial driver’s license.

If you or someone you know has been arrested for driving while intoxicated (DWI) or driving under the influence (DUI) in Lebanon or the surrounding areas, we encourage you to reach out to our office to schedule a free consultation with experienced Lebanon DUI lawyer Mark Hurt.  As a DUI attorney with more than 25 years of practice, Mark provides the tenacious representation and defense necessary to oppose the prosecution’s efforts to convict.  Call our office to schedule a free case evaluation to learn about your legal options and how we can defend you!

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What Are the Penalties for a DUI or DWI Conviction in Virginia?

The penalties for DUI in Virginia vary depending upon whether the charge is a first or subsequent offense.  The following is a breakdown of some of the potential penalties:

Virginia First Offense DUI

• Mandatory five-day jail sentence (if blood alcohol concentration (BAC) was between .15 and .20)
• Mandatory twenty-day jail sentence (if BAC was over .20)
• Up to one year in jail
• One year license suspension
• Virginia Alcohol Safety Action Program (VASAP) (Costs $250 – $300 and may require additional treatment or twenty hours of drug and alcohol classes)
• Fines of $250 to $2,500, plus court costs (an offender with a minor passenger must pay an additional $500 to $1,000 and serve a minimum of five days in jail).
• Misdemeanor criminal record

Virginia Second Offense DUI

• Mandatory ten-day jail sentence (if BAC was between .15 and .20)
• Mandatory twenty-day jail sentence (if BAC was over .20)
• Up to one year in jail
• Minimum fine of $500, plus court costs
• Virginia Alcohol Safety Action Program (VASAP) (Costs $250 – $300 and may require additional treatment or twenty hours of drug and alcohol classes)
• Ignition Interlock Device (if ordered)
• Three-year license suspension
• Misdemeanor criminal record

Virginia Third Offense DUI

• Mandatory ten-day jail sentence (if blood alcohol content (BAC) was between .15 and .20)
• Mandatory twenty-day jail sentence (if BAC was over .20)
• Minimum jail sentence of 90 to 180 days
• Minimum fine of $1,000, plus court costs
• Virginia Alcohol Safety Action Program (VASAP) (Costs $250 – $300 and may require additional treatment or twenty hours of drug and alcohol classes)
• Ignition Interlock Device (if ordered)
• License Suspension
• Class 6 Felony criminal record

You may be able to avoid these and other penalties entirely by fighting your charges.  To learn about the DUI defenses that may apply to your matter, contact our office to schedule a consultation with an experienced Lebanon DUI defense lawyer.

What Should I Do If I Am Cited for a DUI?

Virginia’s judicial system is one of the fastest in the country.  Consequently, trials for almost all DUIs are set less than eight weeks from the initial arrest.  Thus if you are facing a drunk driving charge in Virginia, it is critical to obtain an experienced DUI attorney as soon as possible before the prosecution takes further action against you or attempts to get you to admit guilt or other matters against your interest.

At The Law Offices of Mark T. Hurt, we offer a free consultation where we can learn about the facts of your case, explain your legal options, and pursue reduced charges and dismissals.  We will also not hesitate to go to trial if that is the choice desired by a client, where we will work vigorously in seeking a not guilty verdict.

What are the Defenses to a DUI Charge in Virginia?

Many defenses may be available in a DUI case, including (but not limited to):

• Did the Police Have a Legitimate Reasons to Stop You? Police officers must have probable cause to pull a person over, meaning a legally justifiable reason for doing so must exist, such as if they saw your car weaving, or if you failed to stop at a stop sign.  As an example, they cannot pull you over just because you’re young so that they can find out if you may be driving while intoxicated.  If law enforcement pulled you over without probable cause, this could be grounds for dismissal, even if your BAC was recorded as being well over the legal limit.
• Did You Refuse a Preliminary Breathalyzer Test? If an individual is arrested for a DUI, Virginia law requires them to blow into a breathalyzer. Failure to do so could result in a license suspension for up to one year without eligibility for a restricted driver’s license.  This is different than if a preliminary breath test is offered at the scene (before an arrest), which can (and should) always be refused!  If an individual declines a preliminary breathalyzer but is forced to participate, it may be possible to have the results excluded from evidence.
• Was A Field Sobriety Test Properly Administered? Individuals are not required to participate in a field sobriety test before being arrested; therefore, such preliminary testing should be refused to help prevent the creation of incriminating evidence. However, if an individual already submitted to a test, it may be possible to challenge whether it was properly administered, as police must follow strict protocols when conducting these evaluations.
• Was the Breathalyzer Equipment Tested Recently? Breathalyzer machines must be periodically calibrated to ensure their accuracy. If regular maintenance has not been performed, it may be possible to challenge the reliability of the results.
• Does An Individual Have a Condition That Impacted Performance on a Field Sobriety Test? Many drivers have medical conditions or recent injuries that may impact the ability to perform specific field sobriety tests, especially the heel-toe straight line walking test.  If you have current medical issues that affect your balance or coordination, it is critical to let us know so we can explore all defense options.

When you hire The Law Offices of Mark T. Hurt, we will want to find out as much information as possible regarding your arrest.  Thus, our representation starts with a free case evaluation, during which we will have a detailed conversation with a client to learn everything possible about their  case.

Next, we request evidence from the prosecutor’s office so we can develop a considered legal strategy.  For example, if it appears that a police officer did not have a legally justifiable reason for making a stop, we will request that charges be dismissed.  We will also seek dismissal if there are other reasons for doing so.

In short, we oppose the prosecution in their efforts to seek a conviction.  The prosecution has a legal duty to dismiss a case if there is not sufficient evidence to justify a conviction under the “proof beyond a reasonable doubt” standard.

In addition to this standard, prosecutors hate to lose in court.  Once we know about the weaknesses of a prosecution’s case, we will not hesitate to bring such weaknesses to the prosecution’s attention.  When the prosecutor’s realize that we understand the weaknesses of their case and will use this information at trial, they may also be inclined to dismiss charges or offer a favorable plea to reduced charges.

Call Our Office to Schedule a Complimentary Consultation with Experienced Lebanon DUI Defense Attorney Mark Hurt.

When you need tenacious defense, you can rely on The Law Offices of Mark T. Hurt.  If you’ve been charged with a DUI or DWI in Virginia, your best defense is to retain an experienced Lebanon DUI lawyer, regardless of whether this is a first or subsequent offense.  I invite you to call today to schedule a free consultation to learn how our I and our experienced legal team can help you.