DUI FAQ

Have DUI Questions?

Get answers from our Chesapeake DUI lawyer!

Even if this is your first DUI arrest, you need to take it seriously. If convicted you could face steep fines, jail time, and come out with a criminal record. No matter what your unique situation is, a Chesapeake DUI attorney can argue on your behalf and challenge any and all points of the prosecution’s case against you.

Below are some common questions regarding DUIs. This list is far from exhaustive and other questions should be directed to our firm by calling (800) 301-3552.

Can I be arrested if my blood alcohol was under 0.08?
You can still be charged with DUI no matter what your blood alcohol was if the police officer determined you were driving dangerously and were likely intoxicated. Swerving, speeding, excessive braking, and other behavior can give law enforcement cause to stop you.

My license was taken from me—can I get it back before the 7 day period is up?
Yes, you can challenge your license suspension during the suspension and if successful, your license will be immediately reinstated. Otherwise, you cannot drive during the 7 day suspension period your driver’s license will be given back afterwards.

Must I attend my arraignment?
Yes—you need to go to court for your arraignment unless you have retained an attorney and have been told otherwise. Some courts will excuse defendants from appearing for their arraignment if they have hired a lawyer who appears on behalf of the defendant. You need to be present unless your attorney specifically informs you that you do not need to be. If you do not appear when you should, you could be arrested.

Am I automatically guilty if I blew 0.08 or higher?
No; there are multiple means your attorney can use to defend you regardless of your alleged blood alcohol content. The administration and accuracy of the breath or blood test can be challenged in court—anything from an illegitimate police stop to improperly calibrated breathalyzer or failure to explain a field sobriety test.

What will happen to my driver’s license if I am convicted of DUI?
In all probability, you will. The length of the suspension depends on both the details of your arrest and whether you have prior DUI convictions on your record. The first offense, for instance, will usually result in a 12-month suspension, 3 years for your second conviction, and an indefinite suspension for a third DUI.

Contact Our Office

Have you been arrested? Tell us your side of the story! Contact us now for a free case evaluation.