A federal DUI in Virginia may involve penalties  similar to those found in a state DUI case. Although  the charge is handled in federal court, it often arises  from an alleged offense that occurred on federal  property, such as military installations. In many cases,  federal courts rely on Virginia DUI law through the Assimilative Crimes Act, which allows certain state  criminal laws to be used in federal prosecutions when  no comparable federal law exists.

For many first offenses, possible penalties can include:

• Up to 12 months in prison
• Fines up to $2,500 or more
• One-year license suspension
• Completion of VASAP (Virginia Alcohol  Safety Action Program)

Certain aggravating factors can increase penalties  significantly, including:

• BAC of 0.15 or higher
• BAC of 0.20 or higher
• Having a child in the vehicle
• Causing an accident or injuries
• Prior DUI convictions

Federal courts may also impose federal probation  conditions and additional administrative consequences.

Yes, a Federal DUI charge may be reduced to a lesser  offense or dismissed entirely, depending on the facts  of your case.

Every Federal DUI case in Virginia is highly fact  specific however, common defenses include:

• Challenges to the traffic stop — Law  enforcement must have a valid legal reason to  pull you over. If the stop was not legally justified, evidence gathered during the stop  may not be admissible in court
• Challenges to BAC testing — Breathalyzer  and blood test equipment must be properly  maintained and calibrated. If testing procedures were not followed correctly, the  results may be called into question
• Challenges to field sobriety tests — Field  sobriety tests are not always accurate and can  be affected by medical conditions, road conditions, or improper administration by the officer

Even when a full dismissal is not possible, there may be options to reduce the charge or minimize the consequences. At Driving Defense Law, our attorneys handle DUI cases across Hampton Roads every day. We will review the facts of your case and help you understand what options may be available to you.

If you have been charged with a Federal DUI in  Virginia, here are a few important steps to take:

• Do not miss your court date — Eluding is a  criminal charge that requires a mandatory court  appearance in Virginia. Missing your court  date can result in a warrant for your arrest and  additional charges including Failure to Appear
• Document everything you remember — Write down the details of the incident as soon as possible. What signals were given, where  you were, what you saw and heard, and what  happened during the stop can all be relevant to  your defense
• Contact an attorney who is licensed to  practice in federal court — A federal DUI is not the same as a state DUI. You need an attorney who understands the federal court system, the unique challenges military members face, and how to build the strongest possible defense
• If a servicemember, follow protocol and  notify your command — Failing to comply  with administrative processes can lead to additional disciplinary action on top of your  criminal charge

At Driving Defense Law, our attorneys are licensed to  practice in federal court and understand the unique  challenges service members face when charged with a  serious offense like a federal DUI. We represent  drivers and service members on installations throughout Hampton Roads, including Naval Station  Norfolk, Joint Expeditionary Base Little Creek–Fort  Story, Naval Air Station Oceana, Langley Air Force  Base, Fort Eustis, and Naval Weapons Station  Yorktown. We handle federal DUI cases with  discretion, confidence, and an aggressive legal  strategy.

For a free consultation, please call us at 775-929-0335  or fill out the form below.