DWI Lawyer and Drunk Driving Attorney in Blacksburg, VA
If you’ve been charged with drunk driving or any other crime, you are legally innocent unless and until you have been convicted or plead guilty. As a Blacksburg DWI lawyer and drunk driving attorney, I will do my upmost to protect your rights and maintain your innocence.
I provide aggressive representation for clients charged with drunk driving and all other criminal offenses.
I know what is at stake.
The potential suspension or loss of a license. Fines and potential incarceration. Disclosure of a criminal conviction on job applications. I fight charges and seek the best outcomes for clients in every case.
Free Consultation. Fixed Fee Representation. Credit Card Acceptance.
If you’re facing a drunk driving charge in Blacksburg or elsewhere in Virginia, it will be critical to get an experienced attorney as soon as possible – before the prosecution takes further action against you, or tries to get you to admit guilt or other matters against your interests. As a Blacksburg DWI lawyer, I will be there to protect your rights and challenge the prosecution at every turn.
I offer a free consultation so that you can learn about your options, and I accept credit card payment. Because most criminal defense cases are handled on a fixed-fee basis, it does not cost any more to retain me and my firm early in your case than at a later stage.
I would invite you to call me today to get started.
Seeking Dismissal of Charges and Other Favorable Outcomes
The prosecution wants to convict. My job is to prevent that from happening.
There are many defenses that may be available in a DWI/drunk driving case, such as
- Did the police have a valid reason for stopping you? If they did not follow protocol and have a constitutionally-valid reason for stopping you, then all charges should be dismissed, no matter what your blood alcohol content (“BAC”) test showed.
- Was the BAC testing equipment tested recently? These machines must be periodically calibrated so that they are accurate; otherwise, the results may not be reliable (or admissible).
- Was the field sobriety test properly administered? The police must administer these tests according to prescribed protocols; they cannot simply make up a test to give to you to see if you’re intoxicated.
- Do you have any medical conditions that may have impacted your ability to perform a field sobriety test? Many people have medical issues or recent injuries that may impact their ability to perform the “heel-toe” straight-line walking test.
We will want to find out as much information as possible about your arrest. Our representation starts with a detailed conversation to learn everything possible about a client’s charge. Next, we make a written request to the prosecutor’s office seeking all copies of evidence and information that they may have about a case.
Then, we review this information so that we can develop a considered legal strategy. If it appears that a client’s constitutional rights were violated (such as if there was not a legally-justifiable reason for a traffic stop), we will request that all charges be dismissed. We will also seek dismissal if there are other reasons for doing so, such as if the evidence does not support a finding of guilt beyond a reasonable doubt.
If the prosecution does not dismiss charges on its own accord, it may be possible to seek to exclude evidence through a court filing, which may then lead to a required dismissal if an exclusion motion is granted.
We will work with you and develop strategies in furtherance of seeking to secure the best outcome possible for you, and, if you so choose, we will defend you at trial.
Was Your Son or Daughter Charged with Drunk Driving? I Can Help.
You may be at our website because your son or daughter was charged with drunk driving. As parents, we understand that teenagers and young adults can often make mistakes with alcohol, especially when they have little or no experience.
The fact is, even good kids can get in trouble by making a poor decision. A drunk driving charge should not impair their life.
I am especially vigilant in defending teenagers and young adults charged with DWI / drunk driving. In Virginia, drivers under age 21 who are convicted of a DWI face the loss of a license for one year, as well as a potential fine of up to $500. If you’re a parent and your son or daughter has been charged with DWI, I would invite both you and your child to contact my office.
What are the Penalties for DWI in Virginia?
Virginia law, like the law in many other states, provides harsher penalties for repeat DWI convictions.
A first-time conviction can result in incarceration for up to 12 months, and a fine of between $250 and $2,500. Virginia also provides a mandatory jail term of five days if the BAC was between .15 and .20, and ten days in jail if the BAC is over .20.
The DWI penalties in Virginia increase if the defendant already has other DWI convictions. For instance, a fourth conviction for DWI in Virginia during a ten year period requires one year in prison, a fine of $1,000 to $2,500, and the potential permanent revocation of a driver’s license.
How Long do Previous Drunk Driving Convictions Count as “Priors” in Virginia?
In Virginia, previous DWI convictions count as “priors” for ten years. This means that if you are being charged now with drunk driving (DWI), any conviction received in the immediately preceding 10 years will count towards determining whether the current charge will be stepped up and considered a second (or third, etc.) offense.
Get the Help You Need Now
For the foregoing reasons, if you’ve been charged with a DWI in Blacksburg or any other location in Southwest Virginia, regardless of whether this is your first charge or you have past charges or convictions, your best defense will be to retain an experienced DWI lawyer. For these reasons, we would invite you to call attorney Mark T. Hurt – 24/7 – to get started and to learn how I can help you.