Serving Williamsburg, James City County, York County, Newport News, and the Hampton Roads region

A drunk or drugged driving crash that results in a death changes a Virginia DUI case from a misdemeanor matter into one of the most serious felony charges in the Commonwealth. Prosecutors in Williamsburg, James City County, York County, and Newport News pursue these cases aggressively, and the penalties can include decades in prison. If you or a family member is facing a DUI manslaughter charge, understanding how the law works is the first step toward building a defense.

What Is DUI Manslaughter Under Virginia Law?

Virginia does not have a separate crime called “DUI manslaughter” in the way some states do. Instead, the charge arises under Code of Virginia § 18.2-36.1 when a driver operating under the influence of alcohol or drugs unintentionally causes the death of another person. The statute treats this as a form of involuntary manslaughter that is specifically tied to impaired driving.

Virginia law recognizes two distinct levels of this offense, and the difference between them can mean the difference between a Class 5 felony and a far more severe unclassified felony.

The post Charged with DUI Manslaughter in Virginia? What You Need to Know appeared first on Attorneys of Goff Voltin.

If a Virginia law enforcement officer pulls you over on suspicion of drunk driving and asks you to step out of the car to perform field sobriety tests, you are facing one of the most consequential decisions of the traffic stop. Most drivers instinctively comply, believing cooperation will help them. While the law requires you to exit the vehicle during a traffic stop, you do not need to comply with a request to perform field sobriety tests.  In reality, performing the field sobriety tests will end up with you doing the officer’s job for him — and setting yourself up for a DUI conviction.

Here is what you need to know about field sobriety tests (FSTs) in Virginia before you ever find yourself in that situation.

What Is a DUI Under Virginia Law?

Virginia Code § 18.2-266 makes it unlawful for any person to operate a motor vehicle while:

• Under the influence of alcohol;
• Under the influence of any narcotic drug or other self-administered intoxicant to a degree that impairs the person’s ability to drive safely;
• Under the combined influence of alcohol and drugs; or
• With a blood alcohol concentration (BAC) of 0.08% or more.

The statute also establishes BAC thresholds for commercial drivers (0.04%) and persons under 21 (0.02%). A conviction under § 18.2-266 is a Class 1 misdemeanor for a first offense, carrying potential jail time, fines, a license suspension, and mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP).

The critical phrase in the statute is under the influence — and this is exactly where field sobriety tests come into play. When officers lack a clear BAC reading, they use FSTs to build probable cause for an arrest and to gather evidence to establish impairment in court.

What Are Field Sobriety Tests?

Field sobriety tests are physical and cognitive exercises performed roadside at the officer’s request. The three tests standardized by the National Highway Traffic Safety Administration (NHTSA) are:

1. Horizontal Gaze Nystagmus (HGN) — The officer moves an object (a pen, finger, or light) horizontally in front of your eyes and watches for involuntary jerking movements of the eyeball. Alcohol can cause nystagmus, but so can fatigue, medications, and certain medical conditions.

2. Walk-and-Turn (WAT) — You are asked to walk nine steps heel-to-toe along a line, turn in a prescribed manner, and return. Officers observe for loss of balance, stepping off the line, improper turns, and miscounting steps.

3. One-Leg Stand (OLS) — You are asked to stand on one leg with the other raised approximately six inches off the ground for 30 seconds while counting aloud. Officers look for swaying, use of arms for balance, hopping, and putting the foot down.

Officers may also use non-standardized tests such as reciting the alphabet, counting backward, or the Rhomberg balance test — none of which have the same level of scientific validation as the NHTSA-approved tests.

Are Field Sobriety Tests Mandatory in Virginia?

No. Unlike the implied consent law that governs chemical testing (breathalyzer or blood draw after a lawful arrest), there is no Virginia statute that requires you to perform field sobriety tests. Virginia’s implied consent law, found at § 18.2-268.2, applies to post-arrest chemical tests — not to pre-arrest roadside exercises.

You have the right to politely decline field sobriety tests, and your refusal cannot be used as evidence against you in the same way that refusing a post-arrest breath test can.

Why You Should Think Twice Before Performing Field Sobriety Tests

1. The Tests Are Designed to Document Failure

Field sobriety tests are not pass/fail tests with a clear, objective score. They are structured observation tools designed to give officers a documented basis for an arrest. The officer is not looking for everything you do correctly — he is trained to note every perceived clue of impairment, whether it is a slight sway, looking down at your feet, or starting a step before the instruction is complete.

Even completely sober individuals frequently fail or perform poorly on FSTs. Research has shown that the tests produce false positives at significant rates, and sober subjects fail them more often than most people would expect.

2. Divided Attention Is the Point — Not a Fair Assessment

The WAT and OLS tests are specifically designed as “divided attention” tests. They require you to simultaneously follow instructions, maintain physical balance, and count or track numbers — all while standing on the side of a road at night, in potentially poor lighting, on an uneven surface, in front of a police cruiser with flashing lights, and under the stress of a law enforcement encounter.

The conditions under which you take the test are almost never the same conditions under which the tests were validated.

3. Medical Conditions and Medications Can Cause You to “Fail”

Inner ear disorders, prior knee, hip, or back injuries, neurological conditions, fatigue, certain over-the-counter medications, and even wearing dress shoes or heels can cause clues that officers interpret as signs of impairment. If you have any such condition, performing the tests may only hurt you.

4. Everything Is Being Recorded

In most Virginia jurisdictions, officers are equipped with dashcam and body camera systems. Every step you take — and every stumble, every pause, and every question you ask — is preserved on video and will be played for a judge or jury. Once those observations are on camera, they are very difficult to explain away.

5. The Tests Are Not the Only Factor — But They Become the Central Evidence

Officers frequently arrest on a combination of factors: odor of alcohol, bloodshot eyes, driving behavior, and FST performance. However, in many DUI prosecutions where the BAC result is close to or just above the legal limit, the FST evidence becomes critical to the Commonwealth’s case on the question of impairment. Why hand the prosecution its most compelling evidence?

What Should You Do During a DUI Stop in Virginia?

If you are pulled over and suspect that you may be investigated for DUI, here is practical guidance:

• Be polite and respectful. Rudeness will not help you and may be noted.
• Provide your license, registration, and insurance. These are legally required.
• Exercise your right to remain silent beyond providing identifying information. You are not required to answer questions like “How much have you had to drink tonight?” or “Where are you coming from?”
• Decline field sobriety tests politely. You can say something like: “Officer, I appreciate your time, but I’m not going to perform field sobriety tests.” You do not need to argue or explain further.
• Do not physically resist. If the officer places you under arrest, comply physically and invoke your right to counsel immediately.
• Understand the implied consent law. If you are lawfully arrested for DUI in Virginia, refusing the post-arrest breath or blood test carries its own consequences, including a separate civil charge and license suspension. That is a different decision — and one you should discuss with an attorney as quickly as possible.

What Happens After a DUI Arrest in Virginia?

A DUI charge under § 18.2-266 triggers a legal process that can have long-lasting consequences — criminal penalties, license suspension, increased insurance rates, and a permanent record. Virginia has enhanced penalties for higher BAC levels, prior offenses, and DUIs involving minors in the vehicle.

The good news is that a DUI charge is not the same as a conviction. An experienced Virginia DUI defense attorney can evaluate whether the stop was lawful, whether the officer was properly trained and followed NHTSA protocols in administering the FSTs, whether the testing conditions were appropriate, and whether the BAC evidence was properly obtained and preserved.

Contact Our Firm

If you or someone you know has been charged with DUI in the Hampton Roads or Williamsburg area, do not wait to get legal help. The decisions made in the first hours and days after an arrest can significantly affect the outcome of your case.

Our firm handles DUI defense throughout Hampton Roads, including Virginia Beach, Norfolk, Chesapeake, Suffolk, Portsmouth, Newport News, Hampton, York County, James City County, and Williamsburg.

Contact our office today to discuss your specific situation and learn about your legal options.

This post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws and procedures can change. If you have been charged with a criminal offense in Virginia, please consult with a qualified Virginia criminal defense attorney about the specific facts of your case.

The post Should You Perform Field Sobriety Tests in Virginia? appeared first on Attorneys of Goff Voltin.

What Counts as a DUI in Virginia?

In Virginia, DUI refers to operating a vehicle while impaired by alcohol or drugs. You could face DUI charges if:

• Your blood alcohol concentration (BAC) is 0.08% or higher

• You show signs of impairment, even with a BAC lower than 0.08%

• You’re under 21 and register a BAC of 0.02% or higher

Keep in mind, even small amounts of alcohol or certain medications can impair your driving abilities. Therefore, always be cautious.

DUI Penalties in Virginia: What You Can Expect

Virginia enforces strict penalties for DUI convictions, and these penalties increase with repeat offenses. Here’s a breakdown of what you might face:

First Offense

• Up to 12 months in jail

• Fines between $250 and $2,500

• One-year license suspension

• Required alcohol education program

• Possible installation of an ignition interlock device

Although a first offense may seem less severe, it still leads to a criminal record, which can impact your future.

Second Offense (Within 10 Years)

• Minimum 10-day jail sentence

• Three-year license suspension

• Increased fines

• Longer ignition interlock requirement

The court views you as a repeat offender, which leads to tougher penalties.

Third Offense

• Considered a felony

• 90-day minimum jail sentence

• Indefinite license revocation

• Possible vehicle forfeiture

Penalties grow significantly if your BAC exceeds 0.15% or if a minor was in the vehicle. These offenses also carry long-term consequences.

Common DUI Defenses

While a DUI charge may seem straightforward, many factors can challenge the case. Common defenses include:

• Unlawful traffic stop – Was there a valid reason for the officer to pull you over?

• Incorrect field sobriety tests – Were the tests administered fairly and under appropriate conditions?

• Unreliable BAC tests – Were the machines properly calibrated and used?

• Lack of probable cause – Did the officer follow all legal procedures during the arrest?

An experienced DUI attorney will evaluate these factors and may be able to reduce or dismiss your charges.

Why You Need an Experienced DUI Lawyer

DUI convictions carry serious consequences. Besides fines and jail time, a conviction can affect your job, insurance rates, and future opportunities. That’s why it’s crucial to hire a skilled DUI lawyer to protect your interests.

At Goff Voltin, we:

• Understand the local court systems and how to navigate them effectively

• Provide custom defense strategies tailored to your unique case

• Focus on protecting your freedom, reputation, and future

With our expertise, we can build a strong defense and fight to get the best possible outcome.

Act Fast—Contact Us Today

After a DUI charge in Virginia, every moment counts. The sooner you reach out, the sooner we can begin building your defense. Time is critical, and delaying could reduce your options.

📞 Call Goff Voltin now for a free, confidential consultation.
Let us help you protect your future.

The post A DUI Charge in Virginia: What You Need to Know appeared first on Attorneys of Goff Voltin.

What to Expect from a First Offense DUI Charge

In Virginia, a first-time DUI charge can carry serious consequences. For example, you may face:

• Fines: Up to $2,500
• License Suspension: Typically 1 year
• Mandatory Alcohol Education Classes
• Jail Time: Up to 1 year (though this is less common for first offenders)

Even if you’re a first-time offender, these penalties can disrupt your life, job, and personal relationships. Therefore, understanding the legal process is vital, as the court system can sometimes be difficult to navigate.

Why You Should Hire DUI Defense Attorneys

When facing a DUI charge, the decision to hire experienced DUI defense attorneys can make a significant difference in the outcome of your case. Here’s why:

1. Expert Legal Knowledge
   DUI laws are complex and constantly changing. A skilled DUI defense attorney has in-depth knowledge of Virginia’s DUI laws and can identify potential weaknesses in the prosecution’s case. They can, for instance, spot errors in how sobriety tests were conducted or determine whether the stop was lawful.
2. Reducing Penalties
   Moreover, a DUI defense attorney can sometimes negotiate a plea deal that reduces the charges. This may result in lesser penalties, such as reduced fines, shortened license suspensions, or community service instead of jail time. Ultimately, the goal of your attorney will be to secure the most favorable outcome possible.
3. Challenging the Evidence
   Breathalyzer tests, field sobriety tests, and even police reports can be flawed. DUI defense attorneys are experienced in challenging such evidence. They will ensure that any test results are reliable and accurate. If mistakes were made in handling the evidence, your attorney can use those mistakes to your advantage.
4. Navigating the Court System
   The court system can feel overwhelming, especially if this is your first time facing a DUI charge. Fortunately, a DUI defense attorney will guide you through every step, from the initial hearings to the potential trial. They will also help you understand the process, ensuring your rights are protected along the way.
5. Preventing a Permanent Criminal Record
   A DUI conviction could remain on your criminal record, affecting job prospects, insurance rates, and more. However, experienced DUI defense attorneys may be able to negotiate for a dismissal or reduction of charges. As a result, this could prevent a permanent criminal record from impacting your future.

The Right Attorney Can Make All the Difference

Even for a first offense, the consequences of a DUI charge can be severe and long-lasting. By hiring skilled DUI defense attorneys, you significantly improve your chances of achieving a more favorable outcome. An attorney with experience in DUI cases will help you understand your options, protect your rights, and fight to minimize the impact of the charge on your life.

If you or someone you know is facing a first-time DUI charge, don’t wait to seek professional legal help. Contact Goff Voltin today to discuss your case and explore the best options for your defense

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