Norfolk DUI Defense Attorney

Experienced DUI Defense Lawyer for Clients in Norfolk, VA

Fighting a drunk driving charge in Virginia requires a clear understanding of the law and how the courts operate. Without legal representation, you will be at a disadvantage trying to defend yourself in court. To make sure your rights are protected, get in touch with an experienced Norfolk DUI defense lawyer.

Having a qualified attorney on your side can make a real difference when you are facing a license suspension and possible incarceration. Attorney Vincent Castellano of Castellano Law Firm PLLC is a member of the National College for DUI Defense, so you can rely on him to put up a well-reasoned defense in court.

What Is BAC, and How Does It Factor Into a Virginia DUI Charge?

Blood alcohol concentration, commonly referred to as BAC, is a measurement of the amount of alcohol present in a person's bloodstream at a given time. It is expressed as a percentage, and in Virginia, a reading of 0.08 percent or higher is sufficient to support a DUI charge for most drivers. A person does not have to appear visibly drunk or perform poorly on a field sobriety test for a charge to follow. The BAC reading alone can serve as the basis for the offense.

Virginia measures BAC through breath or blood testing. A breathalyzer provides a quick reading at the scene or at a police station, while a blood draw offers a more direct measurement that is typically analyzed at a laboratory. Both methods are subject to limitations. A breathalyzer reading can be affected by calibration issues, improper administration, or physiological factors specific to the individual being tested. Blood test results can be compromised by problems with sample collection, storage, or laboratory procedure.

It is also worth understanding that BAC can continue to rise after a person stops drinking. A driver who felt fine at the time of a stop may have had a rising BAC that peaked after the test was administered, which can complicate how results are interpreted. Also keep in mind that even if no alcohol was involved, Virginia law expressly forbids driving while high.

Aggravating Factors in a Virginia DUI

Not all DUI charges carry the same level of exposure. Certain circumstances increase the mandatory minimums and can significantly affect the outcome of a case. An elevated BAC is one of the most common aggravating factors. A reading between 0.15 and 0.20 percent at the time of arrest carries a mandatory minimum of five days in jail on a first offense. A reading above 0.20 percent raises that minimum to 10 days.

Having a minor in the vehicle at the time of the offense is another aggravating factor that Virginia prosecutors treat seriously. A DUI with a passenger under 17 in the car can result in an additional mandatory minimum jail sentence and additional fines on top of the standard penalties.

Prior DUI convictions increase exposure considerably as well. A second offense within five years carries a mandatory minimum of 20 days in jail and a three-year license revocation. A third offense within ten years is a felony. Each prior conviction narrows the room available for a favorable outcome and makes early legal involvement more important.

How We Can Help You Fight a DUI Charge in Norfolk

A DUI charge involves layers of evidence, and each layer presents an opportunity for scrutiny. Our attorney can examine how the stop was initiated, whether the officer had a valid legal basis for pulling the driver over, and whether the field sobriety tests were administered correctly and under conditions that produced reliable results.

Breathalyzer calibration records, the qualifications of the person who administered the test, and the procedures followed during a blood draw can all affect whether the results hold up. When issues are identified, they can form the basis for a motion to suppress evidence, a reduction in charges, or a defense at trial.

Meet With a Norfolk, Virginia DUI Defense Lawyer

A DUI charge is worth taking seriously from the moment it is filed. Call 757-724-0073 or contact our Norfolk, VA DUI defense attorney to schedule a free consultation with Castellano Law Firm PLLC.