A DUI arrest in Virginia puts three things at risk at once: your freedom, your driver’s license, and a criminal record that can follow you for years. It also moves on two tracks — a criminal case and a separate administrative action against your license — and the clock starts immediately. If you’ve been charged with DUI or DWI anywhere in Hampton Roads, Decker Law knows how to fight it. Call 757-622-3317 for a free consultation, available 24/7.
A DUI IS TWO CASES AT ONCE
In Virginia, it’s illegal to drive with a blood-alcohol concentration of 0.08% or higher — lower for commercial drivers (0.04%) and drivers under 21 (0.02%) (Va. Code § 18.2-266). But a charge doesn’t require a breath test at all: an officer’s observations of your driving, speech, and field sobriety tests can support one. And under Virginia’s implied-consent law, refusing a breath or blood test after a lawful arrest carries its own license suspension, separate from the DUI itself (§ 18.2-268.3).
That’s why a DUI is really two cases running side by side — the criminal charge and the administrative hit to your license — and why the details matter so much. Was the stop lawful? Was the testing equipment properly calibrated and administered? Were your rights observed? A first offense is a Class 1 misdemeanor that can bring jail time, a fine, a year’s license suspension, mandatory alcohol-safety classes (VASAP), and an ignition interlock — with harsher, mandatory penalties as the BAC climbs or offenses repeat. Every one of those pressure points is something an experienced defense can challenge.
IN VIRGINIA
THERE’S 15,000+ DUI CONVICTIONS EACH YEAR
Virginia DMV
DUI IN VIRGINIA: WHAT TO KNOW
What’s the legal limit?
0.08% BAC for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21 (Va. Code § 18.2-266). You can also be charged based on an officer’s observations without a specific BAC reading.
What are the penalties for a first offense?
A Class 1 misdemeanor: up to 12 months in jail, a fine starting at $250, a one-year license suspension, VASAP, and ignition interlock for a restricted license. A high BAC brings mandatory minimum jail time, and second and third offenses escalate sharply — a third within 10 years is a felony.
What happens if I refused the breath test?
Virginia’s implied-consent law imposes an automatic license suspension for refusal, separate from the DUI case (§ 18.2-268.3). It’s a distinct issue we address as part of your defense.
Can a DUI charge be challenged?
Often, yes. The lawfulness of the stop, how field sobriety and chemical tests were administered and calibrated, and whether your rights were protected are all fair game. These are exactly the pressure points we examine.
What should I do after a DUI arrest?
Say as little as possible, don’t discuss the case, and call a lawyer quickly — the administrative license deadlines move fast, and early action preserves the most options.
WHY THE ACCUSED CHOOSE DECKER
We challenge the stop and the test
The traffic stop, the field sobriety tests, the breath machine’s calibration — we scrutinize each one for the flaws that can change a case.
We fight to save your license
A DUI hits your license from two directions. We work both the criminal case and the administrative side to keep you driving.
We know Virginia’s DUI system
From VASAP to interlock to the escalating penalty tiers, we know the machinery and how to steer your case through it.
MEET OUR LAWYERS
Peter Decker, III
Peter Decker, III focuses his practice on criminal, traffic, and personal injury. He regularly practices in the General District, Juvenile and Domestic Relations, and Circuit Courts of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Suffolk and Newport News.
MEET OUR LAWYERS
Martin Thomas
Martin Thomas is the firm’s president and managing attorney, concentrating on personal injury, criminal, and traffic law. He handles multimillion-dollar injury cases throughout Virginia and has been named to Super Lawyers for personal injury.
MEET OUR LAWYERS
Jeffrey Partington
A Virginia Beach native, Jeffrey Partington serves clients in personal injury, workers’ compensation, and business law, and has worked both sides of the aisle. He practices in the courts of Norfolk, Virginia Beach, Chesapeake, Newport News, Portsmouth, Hampton, and Suffolk.
MEET OUR LAWYERS
Michelle Parker
Michelle Parker concentrates on personal injury, elder law, wills, trusts and estates, litigation, corporate law, and criminal defense. She handles civil, probate, and traffic cases throughout the seven cities of Greater Hampton Roads.
MEET OUR LAWYERS
Cole Roberts
A Norfolk native and former Public Defender, Cole Roberts represents clients in criminal defense and traffic matters, from reckless driving and DUI to serious felonies. He has tried numerous jury cases across the seven Hampton Roads cities.
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George Neskis
George Neskis represents clients charged with criminal and traffic offenses — from DUI and reckless driving to felony matters — and also handles personal injury. A former Norfolk Assistant Commonwealth’s Attorney, he practices across all seven Hampton Roads cities and has been named to Super Lawyers for criminal defense.
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Joseph Rigney
A Chesapeake native and former prosecutor, Joseph Rigney focuses on personal injury and criminal defense, including traffic law. He tries both civil and criminal cases in the courts of Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, and Newport News.
MEET OUR LAWYERS
Martin Thomas, Jr.
Martin Thomas, Jr. focuses on personal injury, criminal, and traffic law, along with contract law and civil litigation. He tries cases in the courts of Virginia Beach, Norfolk, Portsmouth, and Chesapeake, and serves on Norfolk City Council.
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Joel Weintraub
Joel Weintraub has been practicing law for over 40 years and focuses his practice on civil litigation involving disputes between individuals and corporations. Joel’s recent cases involve corporate litigation, personal injury, business law, will and trust contests and interpretation, shareholder rights, and estate administration.
The administrative deadlines on your license start running the day of the arrest — the sooner we’re involved, the more we can protect. Reach us by text, chat, phone, or email, or call 757-622-3317.
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