First Time DUI Charges in Norfolk, Virginia

The following is taken from an interview with a Norfolk DUI lawyer as they discuss what you can expect if charged with your first DUI offense. To learn more call and schedule a consultation today.

How to Build a Defense For First Time DUI Charges

Due to the fact that DUI charges have a lot to deal with what the officer says, for a first time DUI charge, a strong cross-examination of the police officer is pretty much the most crucial aspect of the case.  An attorney will sometimes even go so far as to having the police officer demonstrate the field sobriety test that he gave to the defendant at the side of the road.  Unless the defendant does have a good defense such as some type of medical condition or there was some other thing going on at the time of the incident that prevented him from successfully performing the test, however, the client is usually not put on the stand unless it was a prescription drug DUI.

What Happens To Your Driver’s License After a First Time Norfolk DUI Charge?

After a Norfolk first time DUI charge, your license is suspended right away for 7 days.  This is called an administrative suspension.  After the 7 days, it automatically goes back to normal so you can resume driving until your case is called up into court.  If you are convicted, then your license will be suspended for 12 months, but you may be eligible to get a restricted license so that you can still go places like work, school, medical appointments and religious services if need be.

Challenging The Suspension of Your License After a First Time DUI in Norfolk

You can challenge the administrative suspension for 7 days, but since it is only 7 days, this is something that you need to do pretty much immediately because if you don’t get it on the docket right away, there is really not much point in doing so. Because by the time you get your case called up, the suspension has naturally already gone.  If you’re convicted of a DUI, then you won’t be able to get your license back until the 12-month suspension has been over with as well after you completed all the other requirements that were set by the judge.

The Biggest Mistakes to Avoid For First Time DUI Defendants

The biggest mistakes to avoid for firs time DUI defendants is probably refusing to blow into the breath test at the station.  A lot of people misunderstand what the consequences of doing so because they know that they’re not required to blow, but they don’t know that that means they’re not required to blow at the scene and at the station. If someone doesn’t blow at the station, what typically happens is that the consequences of that is a year loss of license with no restriction possible.  A lot of people can’t handle that because they need to be able to drive for work, in to school, in to all these important places.

So the prosecutors will say that they will offer them a deal.  If they plead guilty to the DUI, they will drop the refusal charge.  This doesn’t sound like great if you’re trying to fight the DUI, but you really end up not having a choice because if you just like to fight it and ultimately they find probable cause existent for there to have been an arrest.  Even if you are found not guilty as a DUI, the refusal still stand and it will result in a yearlong suspended license, which you can’t do anything about.