Roanoke, VA DUI Representation

Roanoke DUI LawyerRoanoke DUI Lawyer for Drunk Driving Charges

If you or a loved one has been charged with DUI in Virginia, we would invite you to call our firm for a free consult to learn about how we can help provide you with a vigorous representation and strategy to seeking the best result possible for your case.

In addition to a free consult, we also offer fixed fee representation for most cases, so you do not need to be concerned about how much your legal fees may be.  We accept credit card payments for the convenience of clients.

It does not cost any more to retain our firm at the outset of your case (soon after you are arrested), than to hire us at a later stage.  The sooner that we are retained, the sooner that we can begin representing you.  We invite you to call our office 24/7 to get started.

DUI and Drunk Driving Representation

Many of those charged with DUI or drunk driving in Roanoke are minors or young adults.  They are our children.  We understand that sometimes children and young adults do not always make wise choices concerning alcohol.

We believe that a DUI charge should not have to impact a person for the rest of their life, or impact their ability to get a job.

As a Roanoke DUI lawyer and drunk driving attorney, I and my firm fight tenaciously on behalf of all of our clients; especially those who are minors and young adults.

What Are The Punishments for a DUI Charge in Virginia?

Penalties for a DUI Conviction for a Person Under Age 21

In Virginia, those who are under age 21 are subject to penalties including:

  • An administrative license suspension. Those convicted of driving with a BAC of at least .02 and less than .08 will receive a suspension for one year from that date of conviction, provided that in the discretion of the court, a restricted license may be issued during such time period.
  • A fine of $500 or a requirement to complete 50 hours of community service.
  • The person will be eligible to attend an Alcohol Safety Action Program..[1]

If the person has previously been convicted of a DUI, more harsh penalties may apply.

Persons Convicted of DUI Who Are Age 21 or Older

If a person is age 21 or older, the penalties that may be imposed will be dependent upon the BAC level, as well as whether the person has been convicted of DUI in the previous 10 years.  Those having multiple convictions within a ten year period are subject to increasing fines, as well as additional penalties (such as the requirement to have an ignition interlock system on their vehicle).

As an example, the penalties for first and fourth time convictions are as follows:

  • First-time conviction.
    • Incarceration for up to 12 months,
    • A fine of between $250 and $2,500.
    • Mandatory jail term of five days if the BAC was between .15 and .20, and ten days in jail if the BAC is over .20, and
    • Potential requirement to attend an alcohol safety and treatment program
  • Fourth-time conviction
    • One year in prison,
    • A fine of $1,000 to $2,500, and
    • Permanent revocation of a driver’s license.

There Are Often Many Defenses to a DUI Charge in Virginia.

  • Illegal stops and searches.
  • Improper administration of sobriety tests.
  • Lack of proper calibration of Blood Alcohol Content (BAC) devices.

These are only a partial list of items that may constitute a defense in a Virginia.

In some situations, such as if a stop and search was unconstitutional or if there is reason to exclude a BAC test, a case may be required to be dismissed, regardless of what level of intoxication may have been registered by a BAC test.  When a stop is illegal, for instance, it does not matter what transpired thereafter, as law enforcement is simply not allowed to stop vehicles without a justifiable, articulable reason.

As an example, law enforcement cannot stop a vehicle because they believe that the driver “looks suspicious.”  Instead, they must have a valid reason, such as if the vehicle was being driven erratically by crossing between lanes, or if the back brake lights were not working.

The police know that they must have a valid reason for making a stop; thus there may be an incentive to “make up” a reason for a stop after-the-fact.  We will want to know the real reason for the stop.

If the police believe that a car was being driven erratically, for example, did they turn on the video in their car to record such driving?  If they did not activate the video, why did they not do so?  If they didn’t activate the video, such failure could be interpreted by a jury that perhaps there was not any erratic driving in the first place.

Obtaining the Information from the Prosecution to Defend You

Because it may be possible to get a case dismissed based upon the facts, our first steps in a Roanoke DUI case will be to understand what happened from our client’s perspective, and then to obtain copies of all evidence that may be in the state’s possession.  Based upon such evidence, we may be able to seek an outright dismissal of all charges.  In these situations, we typically work directly with the prosecution’s office, advise them of why a case should be dismissed (or why key evidence is inadmissible), and then seek formal dismissal.

Prosecutors have a legal duty to dismiss all criminal charges if the evidence to convict was not properly obtained (such as with an illegal search and seizure), as well as if the admissible evidence is not sufficient to prove guilt beyond a reasonable doubt.

Moreover, prosecutors in general do not like to lose.  They also usually don’t want to bring a weak cases to trial, as taking any case to trial requires the use of the state’s limited resources.  In these circumstances there are often opportunities to secure a very favorable outcome for a client outside of trial.

Should I Take My DUI Case to Trial?

Our principal attorney, Mark Hurt, has represented clients at all level of Virginia courts, and he has successfully represented clients at trial in numerous cases.  He has also represented clients in Federal District Court, before the Federal Court of Appeals, and has even had the extremely rare opportunity to represent clients in two matters before the Supreme Court of the United States.

If you choose to go to trial with your case, you will be represented by a veteran trial attorney who is skilled at presenting a client’s case before a judge and jury.  Not only does Mark work tirelessly in representing clients in the pre-trial stages, but he is tenacious in seeking a not guilty verdict if a case goes to trial.

We Invite You to Call Us for a Free Consultation and to Learn How We Can Help

Call the law offices of Mark T. Hurt today or complete our contact form below to get started.


[1] Virginia Code Section 18.2-266.1

What Our Clients Say

Mary, Bart, and Mark helped me tremendously with my workers compensation case. We navigated a long (over a year) road together and they helped me to not only win my case, but obtain a settlement of over $125k. I would recommend the Offices of Mark Hurt to anyone needing someone to stand with them in their corner! Thanks again Mary and Bart!! :-)
Charles Dutcher
Charles Dutcher
1685471585
Extremely pleased with the prompt support and guidance from Michael. He and the office staff were great to work with. They walked us through the process and were able to have my daughter's traffic violation dismissed with 0 points.
ga thomson
ga thomson
1684936164
Bart and Mary were very professional and helpful with my claim. I appreciate all that you did for me. You were great.Thanks forall that you've done.Clifford E Boyer
Clifford Boyer
Clifford Boyer
1683668004
I started receiving services through this law firm in 2017 for my workers compensation case. Over the years, this firm has been attentive, kind, patient and understanding to my needs. My calls were returned promptly, if the associate was unavailable at that time and I have had ample opportunity to speak with Mr Hurt directly concerning my case. With Mary Wilson, Bart Conway, Mr Hurt and others behind the scene, my case has progressed smoothly. I am very pleased with the services and attention I received at this firm and would recommend Mr Hurt, Mary and Bart for your needs.
Teresa Harris
Teresa Harris
1683569779
We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.
K F
K F
1682489385
We were fortunate to find the Law Offices of Mark T. Hunt to help us set up our estate. Melanie was a joy to work with. She did a wonderful job putting together all of the documents needed to complete our estate planning.
Roxanne Mcfall
Roxanne Mcfall
1681766365
The office got right back to me and were compassionate about my sensitive situation
polly deal
polly deal
1680754180
Jessica was helpful in assisting me with my disability claim!
Amber Snapp
Amber Snapp
1680618358
Jessica was super helpful when I had questions about submitting my claim for disability. She also got me a case manager quickly!
Amber Petrovich
Amber Petrovich
1680618228
I have only praise for the Mark T Hurt firm and especially Michael Miles. Michael was very helpful in guiding me through the court process ans assuring a good outcome. I would recommend this firm and Michael in particular if you need representation in Virginia!
Dave Dalpiaz
Dave Dalpiaz
1680114987
I called and spoke with Jessica in the Disability Dept. after my Denial and she was right on top of getting me the paperwork to Hire them as my Representatives to Handle my claim from here on out
Allen Smith
Allen Smith
1679416063
Jessica was extremely helpful at assisting me with getting me in the process to file my disability case.
Jason Harris
Jason Harris
1678138281
Thank youJessica from the Social security DeptU were very Helpful
Christal Postema
Christal Postema
1678134153
Jessica in theSoccial Secuity Dept was great
Bryon Nimmo
Bryon Nimmo
1678130439
I spoke with Jessica and she was fantastic! She helped me get my social security disability application started and set up with a case manager.
Rebecca Hunt Ford
Rebecca Hunt Ford
1678128980
Jessica @ Social Security Department was very helpful and friendly with us today.
Winonia Blankenship
Winonia Blankenship
1678125271
I had a ticket and was upset. I did not want points on my license. Frankie was amazing and made sure all my bases were covered. The Law Office of Mark Hurt did a wonderful job and got my ticket completely dismissed!!!! I am so glad they helped me. They were so nice and answered all my questions. I never had to worry after I talked with them. I would highly recommend that anyone who needs help with a ticket to talk with this firm!! Thank you so much for everything!!!
Nichloas Wyatt
Nichloas Wyatt
1677981214
Jessica in Disability is awesome!! She replies quickly and gets things done. I’m very satisfied with my choice and feel great that it is in their hands!
laura dykes
laura dykes
1677875154
The individuals I spoke with were courteous, helpful, and thorough. Thank you Jessica.
RoseMarie Whisnant
RoseMarie Whisnant
1677785574
Jessica and the disability dept are very helpful and give excellent assistance with filling a claim very glad I contacted them
Jessie Hawks
Jessie Hawks
1677680471
Was very easy process. Jessica was very friendly and helpful while applying for Social Security Disability.
Darlene Robinson
Darlene Robinson
1677623644
Thank you so much Jessica for helping me with my social security disability case! You were kind, helpful, and understanding. I greatly appreciate you!
Kelly Bragg
Kelly Bragg
1677613932
Jessica and the group started helping me with my disability case the same day I called. 10/10 recommend
Brittany Poole
Brittany Poole
1677612031
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