Keep Your License!
Tim Carwile understands that you have responsbilities to your family, job and others that require you to drive. For over 40 years, he has served his firm’s clients, primarily in the central Shenandoah Valley — first, as a Waynesboro prosecutor for more than eight years; and, since then, in private, trial practice as a respected criminal defense lawyer, handling DUI, reckless driving and other serious traffic defenses.
The Cards are Stacked Against You
Virginia DUI/DWI law is tough and Virginia prosecutors are understandably under considerable pressure to deliver successful prosecutions.
Preparing a Defense
A DUI arrest is not a conviction. The arresting officer may have made an improper stop, the breathalyzer may have been administered illegally or the defendant may not have been properly informed of his or her Constitutional rights. These are just a few of the factors we can analyze when reviewing your DUI case and there are many others dependent upon the unique facts of each individual case.
Let Us Sit Down and Review the Facts
It is critical that you seek experienced legal counsel at least to see if your situation could be significantly improved by retaining an attorney. No two DUI cases are alike and, upon careful examination of the facts, we can recommend a course of action to achieve the best results for you. I have practiced trial law for over forty years, routinely appearing in the courts in Waynesboro, Staunton, Harrisonburg, Lexington, Covington, Lovingston, Augusta County and Nelson County, Alleghany County, Rockingham County and Rockbridge County, Virginia, during which time I have developed many relationships with fellow defense attorneys, prosecutors, police officers and Court clerks and staff. A significant portion of my practice involves DUI defense and traffic law and I have made those areas of the law the focus of my career. Additionally, I have co-authored definitive Virginia-law texts on these subjects:
Defense of Serious Traffic Cases in Virginia , 2004, revised 2006 and 2012, (Co-Editor, 2016) Virginia Law Foundation
Defending Serious Traffic Cases: Smart Strategy, Creative Tactics , 2007, 2015 Virginia Law Foundation
Consult with a well-known, respected and acknowledged authority that attorneys across the Commonwealth turn to for advice on DUI/DWI and traffic law.
Call me for an appointment today at 540-932-2400
Frequently Asked Questions regarding DUIs in Virginia
You have been charged with “driving under the influence” in Virginia. Here are a few answers you might find helpful:
Do I need to hire an attorney if I am charged with driving under the influence (sometimes called “DUI” or “DWI”)?
While every case is unique, you are well-advised to at least consult with experienced legal counsel to determine whether you should be represented at trial. At that meeting, you would ask questions and receive advice on such topics as penalties under current Virginia law, possible defenses available and potential consequences of a conviction.
What is the current punishment for DUI, 1st offense, in Virginia?
A fine of up to $2,500 plus Court costs; a minimum fine of $250; operator’s license suspended for 12 months; mandatory enrollment in ASAP (Virginia’s “Alcohol Safety Action Program”); and eligibility for a restricted operator’s license on terms and conditions set by the Court as well as a mandatory requirement to install an “ignition interlock” device on your car for a minimum of six (6) months. (* An ignition interlock system is a device that connects a motor vehicle’s ignition system to an analyzer that measures a driver’s blood alcohol content, prevents the vehicle from starting if the driver’s BAC exceeds 0.025 percent and is able to perform a rolling retest and electronically log the BAC during ignition, attempted ignition and rolling retest.)
Suppose my blood or breath alcohol (“BAC”) level is less than .08?
While there is a rebuttable presumption that someone operating a motor vehicle in Virginia is driving “under the influence” if his or her BAC is .08 or greater, one may nevertheless be convicted under certain circumstances with a BAC that is less than .08. You should consult competent legal counsel for further details.
What if I am arrested for DUI for the first time but my BAC is “high” (that is, .15 or above)?
Under current Virginia law, a conviction of DUI with a “high” BAC carries mandatory jail sentences, in addition to all the other penalties discussed above.
For instance, if the BAC is .15 to .20, inclusive, the mandatory minimum jail sentence for DUI, 1st offense, is five days and, if the BAC is .21 or higher, the mandatory minimum jail sentence is 10 days.
(Source: §§18.2-270- 271, Code of Virginia (1950), as amended.)