virginia-dwi-dui – DWI and Serious Traffic Offense Lawyer

DWI Defense

Defended by a former DWI investigator and police instructor

For over a decade, Ted Asbury trained law enforcement officers on the exact DWI investigation techniques now being used against you. He knows where these cases break — and how to break them.

Before he represented people charged with DWI, Ted was a law enforcement officer. For more than ten years he conducted DWI investigations on the road and trained other officers in the National Highway Traffic Safety Administration (NHTSA) standards used in every Virginia DWI arrest.

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10+

Years training officers

The Insider's Advantage

Why a former DWI instructor defends these cases differently

When Ted reviews your case, he isn't guessing where the officer may have cut corners. He knows exactly what the rules require — and what it means when they aren't followed:

✓Exactly what an officer is required to observe before initiating a stop
✓How the Walk-and-Turn, One-Leg Stand, and HGN tests are supposed to be administered — and the deviations that make them unreliable
✓The maintenance, calibration, and observation-period rules for the Intoxilyzer breath instruments used across Northern Virginia
✓The wording an officer must use when reading Virginia's implied-consent advisement
✓How a properly written DWI report should look — and what it tells him when it doesn't

A DWI case is built on a thousand small details. Ted's background lets him find the ones the prosecution hopes you'll miss.

The Four Stages of a DWI Investigation

Every stage is a chance to fight back

Each stage is filled with legal and evidentiary pitfalls the officer must get exactly right. A mistake at any stage contributes to a defense against the charges.

Vehicle in motion

The officer observes the vehicle in motion and evaluates driving behavior for violations or indicators of impairment. We evaluate whether the officer had grounds to make the stop.

Personal contact

The officer's first chance to directly observe and interview the driver, then decide whether to continue the investigation.

Pre-arrest screening

Field sobriety testing — divided-attention tests that are physical, mental, and psychological. In Virginia an officer may also request a preliminary breath test (PBT); PBT results are generally not admissible but give the officer added grounds to arrest.

Breath test

After arrest, the driver is read a section of the motor vehicle code requiring a breath test. These results are admissible in court.

DUI & DWI Charges in Virginia

Virginia has some of the strictest DWI laws in the country

The penalties you face depend on your BAC, your prior record, and any aggravating factors. Below is a high-level summary — every case is different, and the only way to understand your real exposure is to talk through the facts with an attorney.

First Offense DWI

Class 1 Misdemeanor

Up to 12 months in jail, up to $2,500 in fines, 12-month license suspension, mandatory ignition interlock for a restricted license, and mandatory VASAP enrollment. Mandatory minimum jail begins at BAC .15 (5 days) and .20+ (10 days).

Second Offense DWI

Class 1 Misdemeanor

Penalties depend on whether the prior offense was within 5 years or 5–10 years. Mandatory minimum jail time, 3-year license revocation, mandatory ignition interlock, fines starting at $500, and VASAP enrollment.

Third Offense DWI

Class 6 Felony

A third DWI within 10 years is a felony — up to 5 years in prison, indefinite license revocation, vehicle forfeiture in some cases, and a permanent felony record.

DWI With a Minor Passenger

Va. Code § 18.2-270(D)

Adds a mandatory minimum 5 days of jail time and an additional fine of $500 to $1,000 on top of the underlying DWI penalties.

Refusal of Breath Test

Va. Code § 18.2-268.3

A first refusal is a civil offense carrying an automatic 1-year license suspension with no restricted license. A second refusal within 10 years is a Class 2 misdemeanor.

DUI – Drugs

Va. Code § 18.2-266

Driving under the influence of a controlled substance, prescription medication, or any combination is charged the same way as alcohol DWI and carries the same penalties.

Underage DWI

Va. Code § 18.2-266.1

Drivers under 21 face a separate "baby DUI" statute with a BAC threshold of .02 and its own penalty structure.

Commercial DWI

CDL Holders

A BAC of .04 in a commercial vehicle is the legal threshold, and a CDL DWI conviction can permanently disqualify you from commercial driving.

Virginia DWI-DUI