DUI / DWI

Virginia DUI / DWI Lawyer

Did you get a DUI in Virginia? Virginia driving under the influence convictions come with penalties ranging from expensive fines to jail time. We can help, reach out today. 

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Trusted Virginia Trial Attorneys


Serving The Greater Richmond Area


Leavitt & Martin has DUI defense experience in many different traffic courts in the throughout Virginia. As a Virginia DUI lawyer, I have helped thousands of clients charged with driving under the influence. For out of state drivers, a DUI charge can be devastating. Virginia has many DUI checkpoints. Contact me today if you or a loved one have received a ticket or been arrested in:
If you are facing DUI charges, I can help you minimize the damage that these charges can have on your life. Sometimes this means getting the charge totally dismissed, and sometimes this means minimizing any possible jail time or license suspension. I represent local and out-of-state clients in criminal DUI trials and in refusal charges in the State of Virginia. I maintain a strong commitment to helping my clients with the best legal defense possible while remaining available to them throughout the challenging legal process.

Don't Risk Your Future!

Recently I represented three clients charged with DUI in Virginia. One case was completely dismissed because the Commonwealth could not prove their case beyond a reasonable doubt. The other cases were reduced to reckless driving charges with no license suspension or jail time. Please note that case results depend on a variety of factors and case results do not guarantee or predict a similar result in your case.
DON'T RISK YOUR FUTURE

What Are The Penalties For A DUI Conviction?

Most people are aware of the severe penalties associated with driving under the influence (DUI), driving while intoxicated (DWI) and driving under the influence of drugs (DUID). Even first-time convictions carry a fine ranging from $250 to $2500, a one-year license revocation and, if the blood alcohol content (BAC) is high enough, a mandatory jail sentence. For a second offense, the mandatory fine is doubled, as is the mandatory jail sentence, and the license suspension is for three years. Third offense can be charged as a felony. Of course, the penalties increase with each successive conviction, as do the negative impacts to your reputation in the community and opportunities for employment.

Permanent Criminal Record

A DUI conviction will remain on your record for life.

Driving Privileges Revoked

1 Year suspension the first offense, 3 years the second, increasing each conviction afterword.

Insurance Premiums Increase 

Insurance companies do not want to insure DUI convicted drivers

Fine of up to $2500

The fines increase with each conviction.

Jail Sentence 

Yes, you can spend time in jail if the blood alcohol content is high enough.

Other Impacts

Can effect security clearances, create demerit points, and require traffic school.
As a Virginia DUI Lawyer, I assist Virginia clients living in and around Chesterfield and the Greater Richmond area, as well as out-of-state motorists who face DUI charges. I will consult with you to determine any issues the Commonwealth may have in proving their case beyond a reasonable doubt. Remember, it is the Commonwealth’s burden to prove every element of the crime beyond a reasonable doubt. If the prosecutor who is handling your case does not do this, you want an attorney who is prepared to jump on any and every defense available.

Possible Defenses 


SOME COMMON ASPECTS OF DUI CASES THAT I HAVE USED SUCCESSFULLY INCLUDE:

Breathalyzer: Although police use breath and blood tests regularly to determine the blood alcohol levels of drivers, there are many scientific problems, inherent inaccuracies and common mistakes made in the use of these machines which can lead to inadmissible evidence.

Roadside tests: The standardized field sobriety tests also bring a wide range of inherent problems and user errors that can minimize their importance to the court and help my clients’ cases.

Initial traffic stop: The officer who pulled you over must be able to articulate a reasonable suspicion for pulling you over. I have had cases dismissed where this was not proven at trial.

As an experience Virginia DUI Lawyer, I take great pains to research these issues thoroughly, to give my Virginia DUI clients the best defense possible against these charges.

If you have a pending DUI in Virginia, the sooner you contact me, the better. As your attorney, the more time I have, the more I can do to help your case. I offer a free, no-obligation initial consultation, so you can talk over your case with me and get the information you need to make smart decisions in your case. Call me directly at 804-409-9641 or contact me online.

Recent Articles


Virginia Traffic & Criminal Law Blog

By Daniel Leavitt 03 Jun, 2019
I help people with DUI charges. I help to make sure that you don't get a criminal record. If you get pulled over and you've had a few beers, what I would recommend doing is not rolling your window down too, too far. If you have a breath mint, that's probably a good idea that you use a breath mint. I would recommend that you, to the extent that you can, you assert your right to remain silent. So, you don't have to make any statements to the police. The police officer's gonna ask for your license and registration, provide those. I wouldn't roll my window down too far. Hopefully, the officer doesn't know that, notice that you have alcohol on your breath, but I wouldn't in general advise that you make any statements to the police regarding your case. You have a right to remain silent. If the police officer does smell alcohol and he starts asking you questions about that, you have the right to remain silent, and you should assert your right to remain silent. Field Sobriety Tests, whether you do them or not, it can be a double-edged sword. Same with the PBT. If you know that if you're extremely, extremely confident that you are below the limit, it's not gonna hurt you to do a PBT at the scene because your breath test will be below a .08, which will help you. However, if you're at all unsure, it's never gonna be a good idea in my opinion to do the Field Sobriety Tests or the PBT, simply because the Field Sobriety Tests are designed to mess you up. Almost everybody fails Field Sobriety Tests, and the PBT is just a Preliminary Breath Test, it's not admissible in court, so it only helps you if you're below a .08 on the PBT. The Field Sobriety Tests again, unless you haven't had anything to drink, it's probably not at all advisable that you do those, because they're designed to make you fail. These are tests that were designed to do in a laboratory environment, on a flat surface with good lighting, and these are done in the dark, on the side of a road, and a lot of the tests aren't even the Standardized Field Sobriety Tests, so there's no science behind them. If you refuse a Field Sobriety Test or a Preliminary Breath Test, those are both consensual tests. S o, there's no consequences as far as a license suspension or anything like that. It is admissible in a court of law, whether or not you declined the Field Sobriety Tests, but there's no license suspension for not doing them. So, they're absolutely consensual. And in a lot of cases, you probably should refuse them. You get pulled over in Virginia and the police officer says that he smells alcohol and starts questioning you about that, you need to know that you have the right to remain silent, and you probably should assert your right to remain silent in that situation. It's never gonna help you to answer that question, unless you can definitively and honestly say that you've had nothing to drink. You can feel free to give us a call, and we provide a full consultation. We'll go over your case from start to finish. There's never any obligation, so there's never gonna be any pressure. You can talk to us for as long as you want about your case. We'll fully discuss your case, and there's never any obligation to move forward. It's completely risk free.
By Daniel Leavitt 02 Jun, 2019
Had a few drinks and pulled over in Virginia? You need to know this!
By Daniel Leavitt 31 Jan, 2019
You most likely will not be able to expunge your DUI in Virginia. Most people who ask this question have been convicted of a DUI. If you are convicted, that means you were found guilty. In Virginia, you can only expunge certain records. Virginia law section 19.2-392.2 says you can expunge the following: if you were acquitted (found NOT GUILTY) of the DUI if the prosecutor nolle pross’d the DUI nolle prosequi means “decline to prosecute” the DUI if the charge was “otherwise dismissed” if someone is found guilty, and later granted a pardon victims of identity theft for DUI Expunging a Virginia DUI or DWI is very rare. Most prosecutors do not drop (nolle prosequi) a DUI charge unless there is a legal defense. You can potentially expunge a Virginia DUI in one of these situations.
By Daniel Leavitt 17 Dec, 2018
Legal Defense Results in No Jail Where Jail Would Have Been Mandatory In Chesterfield County, Virginia, DUI cases are more serious when there is an accident involved. The judges and the prosecutors treat these cases more serious than your average DUI. However, when you combine an elevated BAC with a serious accident, it is much[...] The post Chesterfield, Virginia Mandatory Jail Time DUI Avoids Jail on Legal Defense appeared first on Leavitt & Martin.
By Daniel Leavitt 17 Oct, 2018
Disclaimer: Every case is different and past results do not guarantee or predict future results. Hopewell, VA DWI 2nd Offense within 5 years Reduced Every once in a while you get a result that is eye popping, and quite frankly probably should not have happened. This is one of those cases. I represented a client[...] The post HOPEWELL, VA DWI 2nd WITHIN 5 YEARS REDUCED, NO LICENSE SUSPENSION NO VASAP appeared first on Leavitt & Martin.
By Daniel Leavitt 17 Oct, 2018
Disclaimer: Every case is different and past results do not guarantee or predict future results. TWO POWHATAN, VA DUI/DWI CASES REDUCED DUI cases are challenging because they bring a lot of public attention. There are many people and groups who track DUI/DWI charges and in my experience they tend to be more political. No one[...] The post Powhatan, VA DUI DWI Cases REDUCED to Reckless Driving appeared first on Leavitt & Martin.
By Daniel Leavitt 30 Jun, 2017
The State of Virginia considers Driving under the influence (DUI) a serious offense. Those convicted face harsh penalties. Generally, the severity of a DUI charge depends on a number of factors. They include the driver’s age, the number of prior DUIs, and Blood Alcohol Concentration (BAC). Understanding the various DUI laws can be difficult. If[...] The post DUI Punishments in VA – What are You Facing? appeared first on Leavitt & Martin.
By Daniel Leavitt 15 Jun, 2017
What Should You After Your First DUI Arrest? Being arrested for driving under the influence is serious. It can leave people feeling stressed, emotional, and confused about what to do next. There are a few steps that people should take after a DUI arrest. They can help increase their chances of avoiding major penalties. To[...] The post Steps to Take After a Virginia DUI First Offense appeared first on Leavitt & Martin.

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