Aggravated DUI Attorney in Newport News

Why Choose Ehrenworth Law for Aggravated DUI Charges?

Facing an aggravated DUI charge in Newport News can be daunting, but at Ehrenworth Law, we bring decades of legal defense experience, under the leadership of Attorney Scott Ehrenworth, to support you. Navigating the complexities of an aggravated DUI charge requires more than just legal knowledge; it demands a strategic approach that considers all aspects of the case and local legal requirements.

Understanding proceedings in Newport News is vital, given the city's robust legal infrastructure. Our intimate knowledge of local DUI regulations allows us to foresee challenges and counteract them effectively. Our commitment to personalized legal counsel ensures that you understand every aspect of your case, empowering you to respond effectively. Trust us to provide the support and advocacy needed to navigate this challenging time.

Facing an aggravated DUI charge? We are former prosecutors who offer free consultations. Call (757) 663-4477 or contact us online to speak with an aggravated DUI attorney in Newport News today.

Understanding Aggravated DUI Laws in Virginia

In Virginia, a DUI can be elevated to a felony or carry enhanced penalties under specific circumstances. The law, found in Virginia Code § 18.2-266 and § 18.2-270, does not have a separate statute for "aggravated DUI," but rather refers to it as a standard DUI with aggravating factors. 

The key to an aggravated DUI is the presence of these factors, which increase the severity of the offense. A knowledgeable Newport News aggravated DUI lawyer will meticulously analyze the specific circumstances of your case to determine the exact nature of the felony charge.

Key Aggravating Factors

A DUI can be a felony or carry enhanced penalties in Virginia under a few key circumstances:

• High BAC: If your blood alcohol concentration (BAC) is extremely high, your DUI carries an enhanced mandatory minimum jail sentence. For example, a BAC of 0.15% to 0.20% results in a mandatory minimum of five days in jail, and a BAC of 0.21% or higher results in a mandatory minimum of 10 days in jail.
• Second Offense: A second DUI conviction within 10 years is a Class 1 misdemeanor, but it carries a mandatory minimum jail term of 10 days, and if it occurs within five years of the first, the mandatory minimum jail term is 20 days.
• Felony DUI: A third or subsequent DUI conviction within 10 years is automatically a Class 6 felony.
• DUI Causing Injury or Death: If a person, while driving under the influence, causes a serious injury or death to another person, the charge is automatically a felony, regardless of prior convictions. A DUI that results in an injury to another person can be charged as a felony DUI under Virginia Code § 18.2-270(C). A DUI that results in the death of another person can be charged as involuntary manslaughter, which is a felony under Virginia Code § 18.2-36.1. A skilled aggravated DUI attorney in Newport News will take on this charge with the utmost seriousness.

Penalties of a DUI Conviction in Virginia

The legal penalties can be severe, and the collateral consequences can be even more devastating, creating barriers that can feel impossible to overcome. Our firm, Ehrenworth Law, PLLC, is dedicated to protecting you from these severe penalties and consequences. As a dedicated Newport News aggravated DUI lawyer, we will fight for a resolution that minimizes the impact on your life, your family, and your future.

The severity of the penalties depends on the specific classification of the offense:

• Second Offense (Misdemeanor): A mandatory minimum fine of $500, a mandatory jail term of 10 to 20 days, and a license suspension of three years.
• Third Offense (Felony): A mandatory minimum fine of $1,000, a prison sentence of one to five years (with a mandatory minimum of 90 days or six months depending on the timeframe), and an indefinite license revocation.
• Felony DUI Causing Injury: A prison sentence of one to five years, with a mandatory minimum of one year. The license will be suspended for three years.
• Involuntary Manslaughter (Felony): A prison sentence of one to 10 years and a fine of up to $2,500.

These are just the direct penalties. A DUI conviction can also lead to court-mandated alcohol education and therapy, a required ignition interlock device (IID) on your vehicle, and other fees. The costs, both financial and personal, are astronomical.

Collateral Consequences

A criminal record for a DUI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

The Virginia Criminal Defense Process for Aggravated DUI Charges

An aggravated DUI charge in Virginia is a serious criminal accusation that requires immediate and aggressive legal representation. The legal process can be overwhelming, but it follows a predictable series of steps. Our job is to guide you through each stage, ensuring your rights are protected and that you have a strategic advocate in our corner. 

We are an aggressive aggravated DUI attorney in Newport News who understands the intricacies of the Virginia legal system:

1. Investigation and Arrest: The process begins with a traffic stop where the officer looks for signs of impairment. Remember, you have the right to remain silent and, in some cases, the right to refuse certain tests.
2. Arraignment: This is your first appearance before a judge where you will be formally notified of the charges and enter a plea. We will advise you on the appropriate plea and begin building your defense.
3. Discovery: This is the information-gathering phase. We review all of the prosecution's evidence, such as police reports and dashcam footage, and file pre-trial motions to challenge the evidence.
4. Preliminary Hearing: For felony cases, a preliminary hearing is held to determine if there is enough probable cause to send your case to a grand jury. This is a critical opportunity for us to cross-examine police officers and witnesses.
5. Grand Jury Indictment: If the prosecutor believes there is enough evidence, a grand jury will be convened to decide whether to issue a formal indictment.
6. Plea Negotiations or Trial: We engage in negotiations with the prosecutor to reach a favorable plea agreement. However, we are always prepared to take your case to trial and present a strong defense.
7. Sentencing: If you are convicted, we will present mitigating evidence and arguments to the court to seek the most lenient sentence possible.