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Criminal Defense
DUI &Traffic Violations
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General Practice Areas
Serving ALL COURTS IN HAMPTON ROADS Including: Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, Hampton, Newport News & Federal Court
Virginia DUI
FORMER PROSECUTOR AND NAVY JAG OFFICER
DEFENDING YOU
Virginia has some strict laws when it comes to DUI or driving under the influence of alcohol or drugs. But no matter what your circumstances are, and no matter how bad you think it is, you have a right to be defended in court.
DUI LAW
If you’re like many of our clients, this is your first experience with a DUI. You may not understand Virginia's Implied Consent Law. This means that when you obtained your driver’s license in Virginia, you automatically impliedly consented to submit to a chemical test if properly asked by police. If you did take the test and failed by going over the legal limit of a .08% blood alcohol content, you are presumed to be under the influence and unable to safely operate a vehicle.
DUI PENALTIES
In Virginia, a first and second DUI is a Class 1 Misdemeanor while a third offense within 10 years is a Felony. Penalties for a DUI can include: mandatory jail time for high BAC or repeat offenders, probation, community service, vehicle impoundment, additional suspended license periods and insurance coverage complications. You may also face restricted travel, loss of your job and have an ignition interlock system installed. Heavy fines and court fees could also be pending.
FIGHT
Mr. Hallauer has litigated hundreds of DUI cases as both prosecutor and defense attorney. DUI is a very technical area of law and prone to technical flaws. Those technical flaws are your strengths in court. If police suspect you of drinking and driving, they may ask you to perform a field sobriety test and take a breathalyzer. They use this as a means to “back up” their claim that you were DUI. However, there are weaknesses in field sobriety tests and the breathaylzer. If you have a physical condition, you may not be able to perform the FSTs properly. What if the officer didn’t instruct you by showing you first how to complete the test? And like all other machines, the breathalyzer has mechanical problems. Your test may not have been working properly.
But these flaws are your strengths in court. Your lawyer will investigate your case and cross-examine the prosecution’s witnesses. So if you have a DUI in Virginia, seek the help of a qualified, experienced DUI lawyer right away!
TRAFFIC VIOLATIONS
Virginia also has serious penalties for offenses such as:
RECKLESS DRIVING
DRIVING ON A SUSPENDED LICENSE.
These offenses carry the possibility of jail time. You need an experienced attorney to ensure your rights are protected and you have every opportunity available to get the best result possibile for your particular circumstances.
FIND OUT ABOUT YOUR SPECIFIC TRAFFIC or DUI COURT CASE HERE
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