A DUI charge in Roanoke City is not a routine traffic ticket — it is a criminal charge that carries serious penalties including license suspension, fines, potential jail time, and a permanent criminal record. At Strickland, Diviney & Segura, our attorneys challenge DUI charges aggressively at the Roanoke City General District Court and Circuit Court, scrutinizing every aspect of the stop, the arrest, and the evidence.
Virginia DUI Law: What You Are Facing
Under Virginia Code §18.2-266, a DUI conviction for a first offense can result in a fine of up to $2,500, up to 12 months in jail (with mandatory minimums when BAC exceeds 0.15%), a 12-month license revocation, and mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP). A second offense within 10 years carries a mandatory 20-day jail sentence. These are not outcomes to accept passively.
How We Challenge DUI Charges in Roanoke
Our defense begins before you are even charged. We analyze the circumstances of the traffic stop for Fourth Amendment violations, examine whether the officer followed proper protocol for field sobriety tests, request calibration and maintenance records for the Intoxilyzer used in your case, review the chain of custody for any blood samples, and examine the arrest and booking procedures for errors. Many DUI cases are won or reduced through challenges at this foundational level.
Fighting for Your License and Your Record
A DUI conviction in Virginia triggers an administrative license revocation through the DMV separate from the criminal case. We represent clients in both proceedings, pursuing restricted license privileges and challenging the administrative suspension. We also evaluate whether diversion programs or first-offender alternatives are available to keep a conviction off your record entirely.
Contact a Roanoke DUI Defense Lawyer Immediately
Do not wait. DUI charges require immediate action — DMV deadlines, court dates, and evidence preservation are all time-sensitive. Call Strickland, Diviney & Segura at (540) 982-7787 now. Our office is located at 131 Kirk Ave. SW, Roanoke — blocks from the Roanoke City General District Court.
Frequently Asked Questions
What is the legal blood alcohol limit for DUI in Virginia?
Virginia Code §18.2-266 sets the legal limit at 0.08% BAC for most drivers. For commercial drivers the limit is 0.04%, and for drivers under 21 the limit is 0.02%. You can also be charged with DUI if your driving is impaired by drugs, regardless of BAC.
What are the penalties for a first DUI conviction in Roanoke, Virginia?
A first DUI conviction in Virginia carries a mandatory minimum fine of $250, a 12-month license revocation, possible jail time (mandatory minimum of 5 days if BAC is 0.15–0.20%), and installation of an ignition interlock device. A skilled defense attorney may be able to challenge the charge before conviction is entered.
Can I refuse a breathalyzer test in Virginia?
Virginia’s implied consent law means refusal of a post-arrest breath or blood test results in an additional civil offense (first offense) or criminal charge (subsequent offenses) and an automatic license suspension. The legality of the traffic stop and the arrest itself, however, are always subject to challenge.
What defenses are available in a Roanoke DUI case?
Defense strategies include challenging the lawfulness of the initial traffic stop, contesting field sobriety test administration, questioning breathalyzer calibration and maintenance records, raising chain-of-custody issues with blood samples, and presenting expert testimony on the reliability of BAC evidence.
How do I get a restricted license after a DUI in Virginia?
After a DUI conviction, eligible drivers can petition the circuit court for a restricted operator’s license allowing driving to work, school, and medical appointments. Restricted licenses typically require an ignition interlock device. Our attorneys assist clients in navigating the restricted license petition process in Roanoke City Circuit Court.
