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Drugs DUI concept

How to Defend a Drug DUI (DUID) Case

Protect Your Rights with Melvin L. Hill Attorney at Law in Roanoke, VA

For those wondering how to defend a drug DUI (DUID) case, an attorney consultation is key to protecting your rights. Melvin L. Hill Attorney at Law in Roanoke, VA, offers knowledgeable criminal defense services. Virginia has laws in place to protect citizens against harm caused by those who operate vehicles under the influence. These substances range from alcohol to prescription drugs and more.


Read on to see why experience matters in how to defend a drug DUI (DUID) case in Virginia. Officers receive training to watch for various signs of intoxication. Whether from alcohol or other substances, what does the law say? Your rights and freedom require strong criminal defense against DUID charges.


What May Be at Stake with a Drug DUI (DUID) Offense

Law enforcement may suspect you of operating a vehicle under the influence. Such a charge can weigh heavily on you. Penalties under Virginia Code §18.270 for DUID charges vary between a first offense or repeated DUI offenses. For a first offense resulting in a sentence, you face:

  • a jail term of up to one year,
  • a fine of up to $2,500, or both.

This Class 1 misdemeanor carries mandatory minimum fine of $250.


Multiple DUI offenses raise the penalty stakes considerably. A fourth subsequent DUID in a 10-year period, as a Class 6 felony, can bring you:

  • mandatory minimum term of imprisonment of one year;
  • A mandatory minimum fine of $1,000.

Those who refuse testing or who transport minors in the vehicle can face additional penalties. When accused of a drug DUI (DUID) offense, there are a few specifics important for your defense.


Experience Matters When Defending Against DUID Charges in Virginia

Opportunities exist to uphold your rights against DUID charges in Virginia. A strong defense is essential if you make your livelihood by driving. Melvin L. Hill Attorney at Law is a former prosecutor. This experience is advantageous in criminal defense matters to protect your rights and freedom.


Melvin L. Hill knows the tactics that the prosecution will use in hearings and trials that can impact your case. Call today to consult with him on your DUID matter. Do not go it alone. Having a strong attorney by your side can go a long way to obtaining the best possible outcome for your case.


Local Enforcement Measures for DUID in 2021

Local news stations in Virginia highlight the challenges officers face in keeping intoxicated drivers off the road. In the Fairfax area, a 10-member squad receives special training. It focuses on how to tell if someone is driving under the influence of alcohol, or drugs and what type.


In the Chesapeake region, one enforcement officer describes the various driving patterns and reactions they observe when stopping possible offenders. There are similarities and differences between driving under the influences of alcohol and other substances, like marijuana.


Officers who suspect impaired driving may use similar testing measures. These different types of tests administered in the field help officers determine what charge you face.


However, to determine impairment due to drugs, blood tests provide the most definitive proof.


What the Virginia Code Says About Driving While Intoxicated

Section 18.2-266 defines the type and substance amounts at certain levels in the blood.


18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).


For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth.


Restricted Licenses for Repeat Offenders and More

We mentioned in October, DUI convictions carry a minimum mandatory sentence. Courts can also impose license restrictions for convicted drug DUID offenders. Depending on the circumstances of your case, vigorous criminal defense is a necessity.


Former prosecutor Melvin L. Hill understands what it takes to protect the rights of clients. Contact us for a consultation and know where you stand. Our office serves Roanoke, VA, and the surrounding region with excellence in criminal defense.



Contact Melvin L. Hill Attorney at Law, in Roanoke, VA, today at (540) 342-1851 for consultation on criminal offenses. Visit our blog on current legal issues affecting your rights and freedom, such as how to defend a drug DUI (DUID) case.