If you have been arrested and charged with driving under the influence of drugs in Virginia (DUI) you will be facing serious consequences as Virginia’s laws are some of the toughest in the nation. Even your first DUI is a criminal misdemeanor, and it carries the potential for jail time, up to $2,500 in fines, restrictions on your license, being placed on probation, and ignition interlock. Even worse, a conviction means you will have a criminal record that may forever affect your education, job, housing possibilities, and your family and social relationships.
Fortunately, you do not have to face these charges on your own. Drug DUI defense attorney Cody Villalon knows the courts, the prosecutors, and the system, and how to handle your case in a manner that can result in a lesser penalty or even lead to a dismissal. Call Cody for a free consultation to discuss your case and determine the best way to move forward.
Why Choose Our Drug DUI Attorney
When dealing with complex DUI charges, you should look for an attorney with the experience, knowledge and resources to get the best results possible. Here are some reasons to choose Cody Villalon to represent you:
- Cody is experienced and professional. Cody has more than 12 years of legal experience, and has defended more than 1,000 cases and spent more than 5,000 hours in court. With his solid knowledge of criminal and constitutional law, he is well-respected by prosecutors and judges, has the connections necessary to research and build a solid defense, and has won awards for Best DUI Lawyer and Best Criminal Defense Lawyer in Richmond.
- Cody provides personal attention to each client. As a sole practitioner, Cody takes a personal interest in each case. He knows that a criminal conviction can affect the rest of your life, and he will use all his skills to defend you, as evidenced by testimonials from many satisfied clients.
- Cody has the skills you need. He knows the tactics law enforcement and prosecutors use, and how to go up against them. He is a skilled negotiator who know how to plea bargain for lesser charges, but he is also confident in the courtroom and extremely effective if your case goes to trial.
- Cody provides honest, straightforward advice. When you have him on your side, he will be there for you 24/7, promptly return calls and emails, and patiently explain how the law affects your case and what your options are.
You won’t have to guess what your costs will be – Cody provides reasonable flat-rate prices, based on the complexity of your case and the work involved.
How Our Drug DUI Defense Lawyer Works for You
Cody Villalon knows how important your defense is to you, and will get to work building it immediately. He will:
- Listen to your version of what happened and examine the evidence available to find the best way to defend you based on the facts
- Look for situations where your rights were violated or mistakes made by the police or prosecution in the handling of your case
- Examine police reports testing and lab reports to see if they were done improperly
- Find out if there were extenuating circumstances, such as a bad stop, or a medical condition that made drug usage necessary
- Coach you to avoid having you say or do anything that would hurt your case and prepare you for all hearings and court appearances
- Ensure that you avoid additional problems by complying with the law and completing requirements such as drug abuse treatment programs
- Negotiate and plea bargain with prosecutors for a lesser charge
- Take your case to trial if necessary.
How Drug DUI Cases Work in Virginia
Virginia’s DUI laws (Virginia Code § 18.2-266) state that it is unlawful to drive while “under the influence of any narcotic drug or any other self-administered intoxicant or drug” that impairs the ability to drive or operate any motor vehicle, engine or train safely.” Drug DUIs can result from use of any drugs, including legal drugs, prescription drugs, and over-the-counter medicines.
The situation is complicated because drugs can remain in the body long after any effect of the drug has worn off, so a driver can test positive for drugs even if completely sober. For example, blood tests can show traces of marijuana days after use, and inaccurate drug test results or even eating certain foods can lead to a drug DUI. The good news is that this can be used in your defense.
The bad news is that even when not impaired, a driver can still face a drug DUI when testing positive for a blood concentration of any of the following substances at a level that is equal to or greater than:
- 0.02 milligrams of cocaine per liter of blood,
- milligrams of methamphetamine per liter of blood,
- milligrams of phencyclidine per liter of blood, or
- milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.
Even if you tested beneath these levels, you can still be convicted of a drug DUI if found to be “under the influence” of a drug to a degree that impairs the ability to safely drive.
Prosecutors generally rely on a combination of the arresting officer’s testimony and report and a drug test to prove that you were driving while impaired under the influence of drugs. An arresting officer will look for things like drugs or drug paraphernalia in the vehicle, try to get you to admit to taking drugs, or look for sign of drug impairment such as slurred speech, bloodshot eyes, pinpoint or non-reactive pupils, twitching or impaired coordination. They can ask you to take a field sobriety test, which you are allowed to refuse; or they can have you take a mandatory blood test for which refusal can result in penalties including a suspension of the driver’s license.
Lawyer for Drug DUIs Explains Potential Punishments
Penalties for a drug DUI vary according to the circumstances of the case, but are generally the same as those for alcohol DUIs. According to Virginia law, (VA code § 18.2-270, key penalties are as follows:
First offense drug DUI:
- Up to 12 months in jail
- Fine up to $2,500 (mandatory minimum $250)
- Driver’s license revocation for 1 year
- Mandatory enrollment in Virginia ASAP (Alcohol Safety Action Program)
- Required installation of an Ignition Interlock device
- 6 DMV demerit points added to driving record.
Second DUI within 5 years: Penalties increase to
- Up to 12 months in jail (20-day mandatory minimum)
- Mandatory minimum fine of $500
- Driver’s license revocation for 3 years with no restricted license for at least 1 year.
Third DUI within 10 years: Becomes a class 6 felony with:
- Up to 5 years in prison (90-day mandatory minimum)
- Mandatory minimum fine of $1000
- Indefinite driver’s license revocation
- Possible vehicle seizure and forfeiture.
There are additional factors that can increase these penalties, including having an extremely high blood concentration of drugs and transporting a minor under 17 years old.
How Our Drug DUI Defense Lawyer Fights to Defend You
Depending on your individual situation, there are several strategies our drug DUI lawyer can use to build your defense. These include:
- Challenging the traffic stop and police procedures: If law enforcement lacked reasonable suspicion to pull you over in the first place or proper protocols were not followed during the arrest, testing, and evidence handling, evidence gathered may be suppressed.
- Showing violations of rights: Filing motions to suppress evidence obtained through illegal searches or seizures or other right violations, including the right to remain silent and not answer questions by police unless an attorney is present.
- Contesting field sobriety tests for accuracy: The officer’s interpretation may have been mistaken, or you might have been affected by being tired or nervous.
- Questioning chemical test accuracy: Blood tests can be challenged based on the accuracy of the gas chromatography process used. The chain of custody in the handling of the blood could have been contaminated or tainted, errors could have been made or shortcuts taken or proper safety and policy procedures might not have been followed, leading to a false positive.
- Showing lack of impairment: Producing evidence that you were not actually impaired, even if prescription medications were present, and the medication was legally prescribed and taken as directed.
- Utilizing expert testimony: Questioning the prosecution’s witnesses on the effects of specific drugs on driving ability and producing expert witnesses on your behalf.
- Negotiating plea deals for reduced charges or penalties.
Get Legal Help for a Drug DUI
If you have been charged with a drug DUI in Virginia, your future is on the line, and you need the best defense you can get. Attorney Cody Villalon knows how devastating it is to be facing any drug charges, and believes that everyone is guaranteed rights under the law. He will be there for you throughout the entire legal process, addressing your questions and concerns, and aggressively fighting to have your DUI charges lowered or dismissed.
Call us today for a free consultation.
DEFENSE ATTORNEY CODY VILLALON
Cody Villalon is a criminal defense attorney in Richmond, VA representing clients accused of violent offenses and DUIs, and he specializes in serious criminal charges. He possesses more than 10 years of legal experience, has defended more than 1,000 cases, and has spent more than 5,000 hours in court. He is highly professional and well-respected by prosecutors and judges. [ Attorney Bio ]
