DUI Defense Attorney Attorney Shawn Cline

Virginia Beach DUI Attorney

Should I Fight a DUI?

Just because you have been arrested for a DUI in Virginia, doesn’t mean that you are guilty of the crime. A conviction can lead to harsh penalties which can complicate your life. That is why it is important to obtain legal counsel from a skilled and knowledgeable Hampton Roads DUI lawyer. Beers

At the Law Office of Shawn M. Cline, PC, we are committed to either getting your case dismissed altogether or your charges and penalties significantly reduced. Our Virginia Beach DUI defense lawyer has a comprehensive understanding of the Virginia drunk driving law in order to help you navigate the complexities and pitfalls of the criminal justice system. Let him protect your rights and future.

Have you been arrested for a DUI? Timing is crucial. Contact our Virginia Beach DUI defense attorney today at (757) 209-2328 for a free consultation.

What Happens to My Driver's License After a DUI?

One of the biggest concerns for most citizens in DUI cases is what happens to my driver's license. A DUI can affect an individual's driving privileges in two ways.

Virginia Code 46.2-391.2 provides for an administrative suspension of your driver's license if you are arrested for DUI. Essentially, the officer will seize your driver's license during the arrest and return it to the court for disposition. The length of seizure will depend upon how many times the individual has been convicted of DUI.

  • First offense: 7 days
  • Second offense: 60 days
  • Third or subsequent offense: suspended until the date of trial

Once you actually go to trial, the judge will revoke your license upon conviction. The judge cannot suspend any of this time.

  • First offense: 1 year
  • Second offense (within 10 years): 3 years
  • Third offense: Indefinite revocation of your privilege to drive (you may apply for reinstatement after 3 years for a restricted license, and after 5 years for an unrestricted license)

Virginia Restricted License

For first and second DUI offenses the judge will often authorize the issuance of a restricted driver's license. However, it is important to note that the judge cannot authorize a restricted license if you are convicted of refusing a breathalyzer test. The terms of restricted licenses are up to the judge, but typically they allow an individual to drive to:

  • Work (or during work if required by the job)
  • School
  • Daycare
  • Medical appointments
  • Alcohol counseling

The specific terms of a restricted license are determined by the judge on a case by case basis.

What are the Penalties for DUI in Virginia?

When operating a motor vehicle in Virginia, the legal limit for driving under the influence is a BAC of .08 percent or higher. Aggravating factors such as having a BAC of .15 or higher, being involved in a car accident, causing great bodily harm to another individual, or traveling with a minor child can result in more severe consequences.

  1. A conviction for a first-time DUI offense is punishable by a mandatory minimum fine of $250 (maximum of up to $2,500) and your driver’s license will be revoked for one year.
  2. A conviction for a second offense results in a potential jail sentence of up to one year, a mandatory minimum fine of $500, and your driving privileges will be revoked for three years. A second offense within ten years of a previous DUI offense comes with a mandatory minimum jail sentence of 10 days. If it’s within five years, the mandatory minimum is 20 days.

While jail time, fines, and license suspension are serious penalties on their own, having a permanent mark on your criminal record can further damage your professional reputation and personal life. Even a DUI arrest could end up on your criminal record. That is why having a lawyer on your corner can help you avoid such consequences or have your criminal record expunged.

What to Do After a DUI Arrest?

The moment you are arrested for a DUI, you need to contact our trusted and experienced Hampton Roads DUI attorney from the Law Office of Shawn M. Cline, PC. We can investigate your arrest, gather and evaluate evidence, and develop a strong defense strategy to get the most favorable results.

We have convenient locations in the cities of Virginia Beach and Hampton, so if you are a resident of Hampton Roads, don't hesitate to reach out to the firm!

Contact us at (757) 209-2328 and speak with our Virginia Beach DUI lawyer today.