A first DUI is stressful and confusing. Here’s the big picture—from the stop to potential outcomes.
A step-by-step guide from Cardon Law. This is general information, not legal advice. If you’ve been charged, speak with a local attorney about your specific facts.
1) The Stop & Testing
Basis for the stop.
Officers need a lawful reason to stop a vehicle (e.g., lane usage, speeding, equipment). Dash-cam video might be essential to showing a legitimate reason for the traffic stop.
Field tests are subjective.
Roadside coordination tests help officers form probable cause; the driver’s performance on the tests is interpreted by the officer using a standard protocol. Body-cam video worn by the officers on scene can be helpful in refuting the police report.
Preliminary breath test (PBT).
Virginia requires officers request a curbside PBT; its result isn’t admissible at trial for guilt—its purpose is preliminary only. See Va. Code § 18.2-267.
Implied consent (post-arrest testing).
As long as the driver is driving on a public road AND the arrest is within 3 hours of driving or an accident, all drivers in Virginia are deemed to have consented to breath/blood testing if asked to take one by a police officer. See Va. Code § 18.2-268.2.
Refusal has its own penalties.
Unreasonably refusing a breath test can trigger a separate one year license suspension. See Va. Code § 18.2-268.3.
Blood Alcohol Content (BAC)/drug presumptions.
Statutory presumptions (For example: 0.08+BAC) apply. This means that if your BAC is over 0.08, it is presumed you are driving under the influence. That can be rebutted in court based on your physical behavior, however, it is difficult to do, once you are past the 0.08 level. If you are under the influence of drugs, the officer might take you to a hospital to have your blood taken for testing. Depending on the amounts of the drugs in your system, that can also trigger a violation of the DUI/DWI statute. See Va. Code § 18.2-269.
2) What the Commonwealth Must Prove
Virginia’s DUI statute makes it unlawful to drive while impaired by alcohol/drugs or with certain per-se levels. The commonwealth will use evidence from how you behaved for the officer, how you conducted your field-sobriety tests, and how much alcohol and/or drugs in your system to try and prove to the judge you are guilty of DUI/DWI. See Va. Code § 18.2-266.
3) Potential Outcomes (First Offense)
- Criminal penalties. First-offense DUI/DWI is a Class 1 misdemeanor with a fine up to $2500, and a jail sentence up to one year. See Va. Code § 18.2-270.
- License consequences. Court-ordered 1-year driver’s license suspension for a first offense (restricted options may be available). See Va. Code § 18.2-271.
- Ignition interlock / restricted license. Virginia Courts require ignition interlock as a condition of restricted driving. See Va. Code § 18.2-270.1 and § 18.2-271.1 (Alcohol Safety Action Program (ASAP), probation/education).
- Administrative license suspension (ALS). Separate from the court case, an immediate 7 day short-term suspension can kick-in after a DUI/DWI arrest. See Va. Code § 46.2-391.2.
- Under-21 drivers. There is a specific underage offense with its own penalties. See Va. Code § 18.2-266.1.
Penalties and license eligibility depend on BAC level and aggravation of facts surrounding the arrest:
- Did your DUI/DWI involve an accident? (if yes, judges typically give defendants an extra 5 days in jail.)
- Were children in the vehicle? (if yes, judges must give defendants an extra 5 days in jail.)
- Were you cooperative? (If defendants were not cooperative, the judge is likely to grant extra jail time)
- Do you have a prior record? (Defendants with bad driving records can receive active jail, even on a first offense DUI/DWI)
The court can layer conditions like ASAP, interlock, community service, alcohol/drug treatment and abstinence, and suspended license and jail time.
4) Defense Review Checklist
- Dash/body-cam video: establish legitimate basis for the stop, proper instructions given, field-test conditions.
- PBT and implied-consent compliance: Was the arrest within 3 hours, were rights/forms handled correctly? (See § 18.2-267, § 18.2-268.2.)
- Breath-test device & operator: Licensing, records, and six-month accuracy checks (DFS regulations). See 6VAC40-20 (DFS regs)—definitions, checklist & six-month testing.
- Blood testing chain & analysis (if applicable): See Va. Code § 18.2-268.7.
- Timing between arrest and test; medical conditions/medications: Does the defendant suffer from medical conditions that could affect the legitimacy of the test results.
- Testimony in Court: At trial, are any of the necessary facts testified to, or are important/essential elements left out?
5) Life Logistics After a DUI
- Work & driving: You may qualify for a restricted license with interlock to commute, attend ASAP, medical, childcare, etc. (See § 18.2-271, § 18.2-271.1.)
- Insurance: Expect premium increases; convicted drivers are required to file an SR-22 notifying their insurance company they have a DUI/DWI conviction.
- Compliance: Keep every receipt and appointment (ASAP/interlock/service)—misses can jeopardize restricted driving and your good behavior period.
Arrested for DUI in Virginia Beach? Get a local review of your case and options with Cardon Law.
Free consultation: (757) 306-9060 | 24/7 direct to David A. Cardon: (757) 620-3283
FAQ
Do I automatically lose my license?
There’s usually an administrative suspension right after arrest (ALS) under § 46.2-391.2. Separately, courts impose suspensions if you’re convicted; restricted options may exist (see § 18.2-271).
Can a DUI be reduced?
Sometimes—depending on the stop, testing, your record, mitigation (classes, community service), and negotiation by your attorney.
Should I get treatment before court?
If you need help with drugs or alcohol use, I recommend getting help immediately. We might decide to use your treatment as mitigation in front of the judge.
Handy Code Index
- DUI offense: § 18.2-266
- Under-21 DUI: § 18.2-266.1
- BAC/drug presumptions: § 18.2-269
- Penalties: § 18.2-270
- Ignition interlock: § 18.2-270.1
- License suspension (court): § 18.2-271
- ASAP / probation & education: § 18.2-271.1
- Implied consent: § 18.2-268.2
- Refusal: § 18.2-268.3
- Administrative license suspension (ALS): § 46.2-391.2
- DFS breath-test regulations: 6VAC40-20
