Anthony Montagna, III has practiced law over 21 years. On this page, a Norfolk DUI lawyer explains DUI in Virginia. DUI’s are one of the most serious misdemeanor charges in Virginia. If convicted of a DUI, one faces up to 12 months in jail, $2,500.00 fine, loss of driver’s license, and other onerous penalties. Additionally, it is important to be aware that convictions for DUI in Virginia can also include mandatory jail time.
When you hire Anthony Montagna, III, a skilled Norfolk DUI lawyer, you can be confident that you have a fighter on your side. Anthony learned from one of the best lawyers in Norfolk, Anthony Montagna, Jr. Anthony’s father, a retired Captain from the United States Naval Reserve and former Judge Advocate General, taught Anthony to give back to his community and the men and women serving our country. Also, Anthony prides himself on his dedication and preparation in representing all of his clients, civilians and military alike.
Every case is different, and the results of one case do not guarantee the results in a different case, top Norfolk DUI lawyer, Anthony Montagna, III has had great results in Norfolk, Virginia Beach, Newport News, and all of Hampton Roads. Some of Anthony’s great DUI dispositions are the following:
Anthony Montagna, III understands that each client deserves the best, and he is dedicated to providing the best legal representation available. With a DUI in Virginia, you may have questions about the following:
Third Offense within 10 years:
Fourth or Subsequent Offense within 10 years:
What are field sobriety tests? They are used to assist officers in evaluating whether an individual is impaired. The most common field tests are: Horizontal Gaze Nystagmus (HGN), nose touch, alphabet, one leg stand, walk and turn, and preliminary breath test (PBT).
The police officer never told me of my rights, is that Ok? A police officer is not required to mirandize everyone. An individual must only be advised of his rights if he is in custody. Generally, a police officer does not need to advise an individual of his rights if he is stopped only for an investigative detention. However, the police officer must have stopped the individual based on a reasonable, articulable suspicion.
I was charged with driving on a suspended license, what do I do?
What is implied consent? If you drive a motor vehicle on a highway, as defined in the code, that you agree to submit to the breathalyzer or blood test to determine the presence of alcohol or drugs. § 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-methylenedloxymethamphetamine 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. § 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood
A person, after having been arrested for a violation of clause (iii), (iv), or (v) of §18.2-266 or § 18.2-266.1 or subsection B of 18.2-272 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of §18.2-266(i) or (ii) or both, submits to a breath test in accordance with subsection B or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.
What are some of the visual detection clues used by police officers in a DUI arrest?
I believe there are 10 visual detection clues used frequently by the police before initiating a stop for suspected DUI. In my opinion, the 10 clues are the following:
When you need a great DUI lawyer, call Anthony today at 757-625-3500. He will sit down with you and explain all of the elements and penalties for a DUI. He will answer all of your questions and encourage you to call him or make follow up appointments if you have new questions. Most importantly, Anthony will treat you like he would want a colleague to treat his family member if that person had a serious legal matter.
"Mr. Montagna was the BEST!! I had reckless driving and 2 seatbelt violations ( one for a minor) and he got my whole case DISMISSED!! He is definitely the go to guy for your case… I couldn’t appreciate and thank him enough!"
"Simply the best in the business. Got my 67 in a 35 mph reduced from reckless driving to an improper driving. He let me know what to do before court and I followed everything exactly. Would highly recommend him for any traffic case."
"Mr. Anthony Montagna understood the assignment! I am so glad I retained him. He is very professional, understanding, attentive, and easy to reach. He will make sure you get the best results as possible. Thank again Mr. Anthony and Kelly for taking care of me and serving me at my best. If anybody is thinking about looking into this law firm, please look no further!"
"I had a speeding ticket that was 21 over in a 30mph zone. He got my case dismissed. Whatever he asked you to get for court definitely get the paperwork. I really appreciate Anthony Montana for making my driving record go back to +5. He really knows the law and he is definitely an attorney I will use later in life if I will need him again. He does care about the people he helps in court."
"Mr. Montagna handles my periodic traffic offenses and always gets them dismissed. Depending on the charge he has had me take a driver improvement class, which was actually enjoyable, and my charges are always dismissed. I would never use anybody else for any kind of traffic offense. The cops seem to know him and the bailiff told me one time that I had chosen a good lawyer. Highly recommended."
"Anthony helped me with a traffic ticket. His counsel was excellent and he really took the time to understand the situation and give expert guidance on how best to proceed. He got the ticket dismissed and I got points taken off my license as a result of his counsel."
Norfolk, Newport News, Hampton, Suffolk, Chesapeake, Portsmouth, Williamsburg/James City County, Northampton County, Southampton County, Isle of Wight County, York County, New Kent County, Accomack County, Virginia Beach and all of Virginia.
DUI, Reckless Driving, and Traffic, Divorce, Custody, and Criminal Law