DUI Attorney in Hampton
Facing A DUI Charge In Hampton? We Can Craft a Powerful Defense
A DUI arrest can turn your life upside down in a single night. You may be worried about your license, your job, your family, and what will happen when you walk into court. You might be searching for a DUI attorney in Hampton who can give you clear answers instead of more confusion.
At Ehrenworth Law, PLLC, we help people who are facing DUI charges in Hampton and throughout the Hampton Roads area. Attorney Scott Ehrenworth has decades of criminal defense experience and has also served as a prosecutor, so he understands how the Commonwealth builds DUI cases and how those cases are handled in local courts.
When you contact our firm, we take the time to listen, review your situation, and explain what you can expect in plain language. If you are ready to talk about your case, you can call (757) 663-4477 to schedule a free consultation.
Understanding DUI Laws in Virginia
Virginia’s primary DUI statute is found in VA Code § 18.2-266. The law defines "Driving Under the Influence" as operating any motor vehicle while having a BAC of 0.08% or more, or while under the influence of alcohol, drugs, or a combination of both to a degree that impairs your ability to drive safely.
In Hampton, you can be charged with a DUI under two different legal theories:
- DUI Per Se: This is based strictly on your BAC level. If a breath or blood test shows a concentration of 0.08% or higher, the law presumes you were impaired, regardless of how well you were actually driving.
- DUI "Less Safe": Even without a breathalyzer result, the Commonwealth can prosecute you if an officer’s observations—such as slurred speech, swaying, or poor performance on Field Sobriety Tests (FSTs)—suggest you were "under the influence" and therefore "less safe" to operate a vehicle.
As your Hampton DUI defense lawyer, we know that these legal definitions are the foundation of the state's case. We meticulously analyze whether the evidence truly meets these statutory requirements or if the officer’s assessment was clouded by subjective bias.
Our Comprehensive Approach to DUI Defense
At Ehrenworth Law, PLLC, we don’t just "plead you out." We conduct an exhaustive investigation into every detail of your stop. Our strategies include:
- Challenging the Initial Stop: We scrutinize the officer's reason for pulling you over. If there was no traffic violation or reasonable suspicion of a crime, the stop was unconstitutional.
- Discrediting FST Results: Field Sobriety Tests are notoriously subjective. Factors like road conditions, wind, your footwear, and even medical conditions like inner ear issues can cause a sober person to "fail."
- Scientific Disruption: We investigate the calibration records of the Intoxilyzer 9000. If the machine was not maintained according to state regulations, the results may be tossed out.
- Negotiating with "Prosecutor Vision": Because our lead attorney is a former prosecutor, we know how the Hampton Commonwealth's Attorney evaluates cases. We use this "insider" knowledge to find the weaknesses in their case and push for a reduction to "Reckless Driving" or a dismissal.
Why Choose Ehrenworth Law For Your Drunk Driving Defense
When you are deciding who should stand between you and a criminal conviction, experience and judgment matter. Attorney Scott Ehrenworth brings decades of work in criminal courtrooms, including time as a prosecutor, to every drunk driving defense case. That background gives our firm insight into how police reports are prepared, how breath and blood evidence is presented, and how prosecutors often evaluate plea offers.
We do not treat DUI cases as routine files. We look at the specific facts of your stop, the officer’s observations, the field sobriety exercises, and any chemical testing. Then we discuss with you what the evidence appears to show and where there may be weaknesses or unanswered questions.
Attorney Ehrenworth holds a Superb Avvo Rating, which is a form of independent recognition of his work and reputation. Clients also value our commitment to accessibility, including the availability of after-hours appointments when needed.
Penalties and Collateral Consequences of DUI Convictions in Virginia
A DUI conviction in Virginia is a Class 1 misdemeanor, the highest level of misdemeanor in the state. The penalties are mandatory and progressive, meaning they increase based on your BAC and prior record.
First-Offense Penalties
- Mandatory Minimum Fine: $250.
- License Revocation: One year of total license revocation.
- VASAP: Mandatory completion of the Virginia Alcohol Safety Action Program.
- Jail Time: While no jail time is mandatory for a BAC under 0.15%, you face 5 days for a BAC of 0.15% to 0.20%, and 10 days for a BAC above 0.20%.
Subsequent Offenses (The 10-Year Lookback)
Virginia uses a 10-year lookback period for prior convictions.
- Second Offense within 5 years: Minimum 20 days in jail and a 3-year license suspension.
- Third Offense within 10 years: This is elevated to a Class 6 Felony, carrying a minimum of 90 days in jail and indefinite license revocation.
Collateral Consequences
The "hidden" costs of a conviction are often the most difficult to overcome.
- Ignition Interlock: Required for at least six months for all DUI convictions, even for first offenders, if they wish to have a restricted license.
- Insurance Spikes: Your premium may double or triple, or your provider may drop your coverage entirely.
- Criminal Record: In Virginia, a DUI conviction cannot be expunged. It remains on your criminal record permanently.
- Employment: Many employers in the Hampton Roads area—especially those requiring security clearances or professional licenses—will not hire individuals with a recent DUI conviction.
Steps You Can Take Now To Protect Yourself
There are practical things you can do in the days after a DUI arrest that may help your defense and give your attorney more information to work with. Taking these steps also helps you feel less overwhelmed, because you are doing something concrete to respond to the situation.
Helpful steps many clients take after a DUI arrest include:
- Writing down everything you remember about the traffic stop, from where you were driving to what the officer said and did.
- Keeping all paperwork related to the arrest and any notice about your driver’s license together in one place.
- Making a list of any medical conditions, injuries, or medications that could affect balance, coordination, or breath testing.
- Avoiding discussions about the details of your case on social media or with anyone other than your attorney.
Speaking with a DUI lawyer soon after the arrest can also be important. Early legal advice can help you understand how your choices now may affect later court dates, potential plea discussions, or trial. When you contact us, we review what happened, answer your questions, and discuss what the next few weeks are likely to look like so you are not facing them alone.
How Working With A Hampton DUI Lawyer Helps Your Case
When your case arises in this region, it can be a real advantage to work with a local DUI lawyer who regularly appears in nearby courts. Local practice has its own rhythms. Each courthouse has its own procedures, preferences, and schedules. A lawyer who is familiar with the Hampton Roads region is better positioned to give you realistic expectations about how your case may move through the system.
At Ehrenworth Law, PLLC, we handle criminal matters for people who live and work in this area. That means we are accustomed to dealing with local court personnel, prosecutors, and typical scheduling patterns. This familiarity can help us manage timelines, prepare you for what to expect at each appearance, and address practical issues that may arise in a particular courtroom.
Being local also means we can meet with you in person when that is helpful and arrange after-hours appointments when needed, subject to our availability. Many of our clients have demanding jobs, military duties, or family responsibilities, so we strive to be accessible in ways that fit real lives. When you work with a DUI lawyer in Hampton you do not have to choose between handling your case and meeting your other obligations.
Frequently Asked Questions
What Happens At My First Court Date After A DUI Arrest?
The first court date after a DUI arrest is usually focused on basic issues such as confirming your identity, explaining the charge, and addressing release conditions. In many cases, this appearance is not a trial and no witnesses testify. The court typically makes sure you know your right to counsel and sets future dates for hearings or trial. When we represent you, we prepare you ahead of time so you know what to wear, where to go, and what is likely to happen in the courtroom. Our presence helps ensure that your rights are protected from the very beginning.
Will I Lose My Driver’s License If I Am Charged With DUI?
A DUI charge can affect your driving privileges, but what happens to your license depends on several factors, including any prior offenses and the level of alcohol reported in your case. In some situations, there can be an immediate administrative suspension that takes effect shortly after arrest. Later, if there is a conviction, the court may impose a period of suspension as part of the sentence. There are circumstances in which people may be eligible to seek restricted driving so they can travel to work or other approved places. Part of our role is to explain how these rules apply to your specific situation and to discuss what options might be available.
How Can A Former Prosecutor Help With My DUI Case?
A former prosecutor brings a different perspective to defending a DUI case. Attorney Scott Ehrenworth has worked on the prosecution side in the past, so he understands how the Commonwealth reviews evidence, prepares officers to testify, and approaches plea decisions. That knowledge can be useful when evaluating whether the evidence in your case is strong, weak, or somewhere in between. It also helps in anticipating the arguments that may be made against you and in preparing responses to those arguments. When you hire our firm, you work with a drunk driving lawyer who has seen DUI cases from both sides of the courtroom and now uses that insight to defend clients.
What Should I Bring To My First Meeting With Your Firm?
Bringing the right information to your first meeting helps us give you better guidance from the start. It is helpful to bring all paperwork from the arrest, including any summons, bond documents, and license notices. If you made notes about what happened before or during the stop, bring those as well. A list of any medical conditions, medications, or injuries that could affect your balance or breathing is also useful. We will ask you questions, review your documents, and then talk with you about possible next steps so you leave the meeting with a clearer picture of your case.
Talk With Us About Your DUI Charge
If you are facing a DUI or drunk driving accusation, you do not have to face the legal system on your own. Having a knowledgeable advocate at your side can make a meaningful difference in how you understand your options and how you move through the process. At Ehrenworth Law, PLLC, we draw on decades of criminal defense work and Attorney Scott Ehrenworth’s former prosecutor experience to guide clients through difficult decisions with clear, practical advice.
To discuss your DUI charge and learn how we can help, call (757) 663-4477. Or reach out online now.
