Norfolk DUI LAWYER EXPLAINS DUI IN VIRGINIA

Anthony Montagna, III has practiced law over 21 years. On this page, a Norfolk DUI lawyer explains DUI in Virginia. DUI’s are one of the most serious misdemeanor charges in Virginia. If convicted of a DUI, one faces up to 12 months in jail, $2,500.00 fine, loss of driver’s license, and other onerous penalties. Additionally, it is important to be aware that convictions for DUI in Virginia can also include mandatory jail time.

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When you hire Anthony Montagna, III, a skilled Norfolk DUI lawyer, you can be confident that you have a fighter on your side. Anthony learned from one of the best lawyers in Norfolk, Anthony Montagna, Jr. Anthony’s father, a retired Captain from the United States Naval Reserve and former Judge Advocate General, taught Anthony to give back to his community and the men and women serving our country. Also, Anthony prides himself on his dedication and preparation in representing all of his clients, civilians and military alike.

Every case is different, and the results of one case do not guarantee the results in a different case, top Norfolk DUI lawyer, Anthony Montagna, III has had great results in Norfolk, Virginia Beach, Newport News, and all of Hampton Roads. Some of Anthony’s great DUI dispositions are the following:

1. Navy man charged with a first offense DUI and second offense DUI in front of the same Judge on the same day: Both charges dismissed
2. Navy officer charged with DUI and Refusal: Both charges dismissed
3. Navy man charged with DUI and Refusal: DUI reduced to reckless driving and refusal taken under advisement to be dismissed in one year
4. Navy man charged with second offense DUI: Client found guilty of DUI-first offense and no active jail time
5. Man charged with DUI with a B.A.C. of .24: DUI dismissed
6. Man charged with DUI-first offense: DUI reduced to reckless driving

Anthony Montagna, III understands that each client deserves the best, and he is dedicated to providing the best legal representation available. With a DUI in Virginia, you may have questions about the following:

First Offense:

• A class I misdemeanor, up to 12 months in jail and a $2,500.00 fine, with a mandatory minimum fine of $250.00. If the defendant’s BAC is at least .15 but less than .20, the defendant must serve a mandatory minimum sentence of five days. If the BAC is .20 or higher, the defendant must serve a mandatory minimum 10 day jail sentence.
• Defendant must complete Virginia Alcohol Safety Action Program (ASAP), if ordered.
• Suspension of driver’s license for 12 months, with court discretion for a restricted driver’s license.
• If the BAC was .15 or more, installation of an ignition interlock system is mandated for a minimum of six months on any vehicle registered to or owned by the defendant.

Second Offense:

• Within 5 years: a Class I misdemeanor and a mandatory minimum fine of $500 and a jail sentence not less than one month, with a mandatory minimum jail sentence of 20 days; if the BAC is greater than .15 but less than .20, an additional 10 days is added to the mandatory minimum sentence; if the BAC is .20 or greater, the additional mandatory jail sentence is 20 days.
• Within 5 to 10 years: a Class I misdemeanor and a mandatory minimum fine of $500.00 and a jail sentence of not less than one month with a mandatory minimum jail sentence of 10 days; if the BAC is greater than .15 but less than .20, the defendant must serve an additional mandatory jail sentence of 10 days and the total mandatory fine is $1000.00; if the BAC is .20 or greater, the defendant must serve an additional mandatory jail sentence of 20 days and the total mandatory fine is $1000.00.
• Driver’s license suspended for three years.
• Restricted license may be obtained after four months, if second offense occurred between 5 and 10 years ago.
• Restricted license may be obtained after 1 year if second offense is within 5 years.
• All restricted licenses require ignition interlock system for a period of time not to exceed the period of license suspension and restriction, but not less than 6 months.

Third Offense within 10 years:

• A Class VI felony, up to 5 years in the penitentiary and a $2,500.00 fine
• If third offense is within 5 years, mandatory minimum $1,000.00 fine and mandatory minimum jail sentence of 6 months.
• Mandatory minimum jail sentence of 90 days, if not within 5 years.
• Indefinite license suspension.

Fourth or Subsequent Offense within 10 years:

• Class VI felony, mandatory minimum sentence of 1 year and $1,000.00 fine.

What are field sobriety tests? They are used to assist officers in evaluating whether an individual is impaired. The most common field tests are: Horizontal Gaze Nystagmus (HGN), nose touch, alphabet, one leg stand, walk and turn, and preliminary breath test (PBT).

1. HGN: measures involuntary jerking of eyes.
2. Nose touch: touching nose with finger.
3. Alphabet: reciting alphabet from A to Z or from any letter to another, without singing.
4. Standing on one foot with other foot raised six inches off the ground for 30 seconds.
5. Walk and turn: walking nine steps, up and back, on a real or imaginary line.
6. PBT: not admissible at trial, but may be offered at suppression hearings to justify probable cause; a small hand held breath testing device.

The police officer never told me of my rights, is that Ok? A police officer is not required to mirandize everyone. An individual must only be advised of his rights if he is in custody. Generally, a police officer does not need to advise an individual of his rights if he is stopped only for an investigative detention. However, the police officer must have stopped the individual based on a reasonable, articulable suspicion.

I was charged with driving on a suspended license, what do I do?

1. Obtain a copy of DMV record, pay off all fines and reinstatement fees, and have valid license with you in court.
2. Talk with an attorney to determine if the officer had reasonable basis to stop you.

What is implied consent? If you drive a motor vehicle on a highway, as defined in the code, that you agree to submit to the breathalyzer or blood test to determine the presence of alcohol or drugs. § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc. It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedloxymethamphetamine per liter of blood, A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v). For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth. § 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood

• Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of §l8.2-266, 18.2-266.1, or subsection B of §18.2-272 or of a similar ordinance within three hours of the alleged offense.
• Any person so arrested for a violation of clause (i) or (ii) of §18.2- 266 or both, §48.2-266.1 or subsection B of §18.2-272 or of similar ordinance shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.

A person, after having been arrested for a violation of clause (iii), (iv), or (v) of §18.2-266 or § 18.2-266.1 or subsection B of 18.2-272 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of §18.2-266(i) or (ii) or both, submits to a breath test in accordance with subsection B or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.

What are some of the visual detection clues used by police officers in a DUI arrest?

I believe there are 10 visual detection clues used frequently by the police before initiating a stop for suspected DUI. In my opinion, the 10 clues are the following:

1. Weaving
2. Swerving
3. A near collision
4. Unexplained speed increases and decreases
5. Driving below the posted speed limit
6. Stopping vehicle in lane of travel for no reason
7. Driving without headlights at night
8. Driving down a one way street
9. Very wide turns
10. Improper lane change

When you need a great DUI lawyer, call Anthony today at 757-625-3500. He will sit down with you and explain all of the elements and penalties for a DUI. He will answer all of your questions and encourage you to call him or make follow up appointments if you have new questions. Most importantly, Anthony will treat you like he would want a colleague to treat his family member if that person had a serious legal matter.