DUI/DWI Defense Lawyers

If you are facing a DUI charge in southwest Virginia, including Roanoke, Botetourt, or Montgomery County, call Miller & Webb, LLP at 540-627-5131, We represent Virginia residents, out-of-state-drivers, tractor trailer and professional drivers, college students, and everyone in between. The initial consultation is free and confidential.

Don’t assume that you were drunk just because the officer charged you. You need an experienced traffic offense attorney in your corner, someone who knows where to look for weaknesses in the government’s case. Traffic prosecutors prioritize DUI offenses. These cases are practically impossible to fight without an attorney by your side.

We will comb through the evidence in defending your rights:

• The traffic stop: The police cannot stop you without a reasonable, articulable suspicion of wrongdoing. If the police officer pulled you over on a mere hunch, the DUI can be dismissed.
• The arrest: The police must have had probable cause to arrest you for DUI. Especially if you declined to take the preliminary breath test in the field, the DUI arrest may have been improper. If so, the DUI charge may be dismissed.
• Field sobriety tests and video evidence: The police report will typically claim that you showed many signs of impairment on the field sobriety tests. However squad car dashboard video and body camera footage often has a wealth of exculpatory evidence challenging the officer’s conclusions. We will review all video evidence with a fine-tooth comb. Few things can destroy an officer’s credibility faster than when his own video contradicts his police report or his testimony. Especially, if your blood BAC was under .08% or you refused the formal BAC test at the jail, you may have strong defense to a DUI.
• Chemical test of your blood alcohol content (the “Certificate of Analysis”): The formal, scientific analysis of your BAC through a breath test or a blood draw is powerful evidence as to intoxication. Our job is to exclude the evidence when it lacks and adequate scientific foundation. The government must prove that your breath or blood sample was taken according to protocol and analyzed on a calibrated machine which was operated by a trained technician. Even if your BAC was measured .08 or more, your actual BAC may have been lower than what the certificate of analysis says. This can happen if you had your last drink shortly before being stopped by the police. Attacking the reliability of the BAC result can mean avoiding mandatory jail time or even having the DUI dismissed.
• Prior DUI convictions: The government can only rely upon out-of-state DUI convictions that are “substantially similar” to Virginia DUI law and which were committed within 10 years of your pending DUI charge. We will object to evidence of any prior conviction that does not meet these criteria. Just as with your BAC result, keeping your “prior” out of evidence can make the difference between going to jail or not.

In cases where the DUI evidence is not strong, we can negotiate with the prosecutor to see if the DUI can be reduced to a non-alcohol related charge.

The Serious Criminal And Financial Consequences OF A DUI

Being convicted of DUI will mean that you will have a permanent criminal record. Your automobile premium will likely increase. A conviction could seriously hurt your applications to college, grad school, or employment. And it could prevent you from being promoted or even get your fired from your job.

The penalties increase with each DUI conviction. A 1st offense DUI, or 2nd offense DUI within 10 years, is a class 1 misdemeanor. A 3rd or 4th offense within 10 years is a class 6 felony. A conviction means you will lose your driver’s license. You will be court ordered not to consume alcohol, to report to a probation officer, to pay for and attend the Virginia Alcohol Safety Action Program (VASAP), and, if you are allowed a restricted license, to pay for an expensive ignition interlock device on your car for a minimum of six months.

DUI While Operating A Commercial Motor Vehicle

People operating a Commercial Motor Vehicle with a Commercial Driver’s License (CDL) can be charged with DUI if they are drive with just a .04% BAC. Because a CDL is required to work as a tractor trailer driver, you will lose your CDL for one year and your job. You will also lose your license to drive your personal (non-commercial) vehicle too.

Underage And Student DUIs

Anyone who is under the age of 21 can be charged with a DUI if they drive with a BAC of .02 percent. A DUI can be especially disastrous for college students because it can cause expulsion or other serious academic repercussions. We will defend your child and work with the prosecutor to see if an alternative to a criminal conviction may be possible.

DUI/DWI FAQs In Roanoke, Virginia

If you are facing drunk driving allegations, especially if this is the first time, you may have numerous questions. At Miller & Webb, LLP, we offer the experienced guidance you need. To start, here are some of the questions we see most.

Can I refuse a breathalyzer or field sobriety test during a traffic stop in Virginia?

You can refuse field sobriety tests. It is best to remain polite and calm while telling the officer you do not want to participate in the walk-and-turn test, the one-leg stand test or the horizontal gaze nystagmus (HGN) test.

You can also refuse a breath test or even a blood test, but implied consent laws mean that you may face ramifications. Refusing a breath test can lead to a 12-month license suspension.

Are there any mandatory minimum jail sentences for a first-time DUI/DWI offense in Virginia?

Mandatory minimums do apply in some cases. For instance, if your Blood Alcohol Concentration (BAC) is at or above 0.15%, even if this is your first offense, you have to spend a minimum of five days behind bars. If your BAC is over 0.20%, this doubles to a mandatory 10 days.

Mandatory charges tend to escalate for subsequent offenses. A second conviction with a BAC of 0.20% in the next ten years means that the mandatory minimum doubles again, to 20 days.

Even with a BAC that is at or barely over 0.08%, you will lose your license for a year and face a mandatory fine of $250.

Can I still be charged with a DUI/DWI if I was not driving at the time of the traffic stop?

Yes. You can be arrested if the officer believes you were operating the vehicle in some way or had the possibility of doing so. For example, if you fell asleep in the front seat of your car, with the keys in the ignition, you could still be arrested even though you were not awake and the car was not moving.

Learn More By Contacting The Firm

If you are facing any type of DUI charge, you need an experienced and skilled defense attorney who can fight for you. Contact Miller & Webb, LLP, to speak with us in a free consultation. Call us at 540-627-5131 or send us an email to schedule your free consultation.