Virginia Beach
DUI & Traffic Violations Lawyer
757-337-2500
Defending DUI and Serious Traffic Charges Throughout Virginia Beach
What starts as a routine traffic stop in Virginia Beach can end in handcuffs. In Virginia, a DUI, a reckless driving charge, a hit and run, and other serious traffic offenses are not simple tickets — they are crimes that can carry jail time, thousands of dollars in fines, a suspended license, and a permanent criminal record. For drivers here, and especially for the region’s many service members and security clearance holders, the consequences can reach far beyond the courtroom.
At Invictus Law, we defend clients against DUI and criminal traffic charges throughout Virginia Beach, Norfolk, Chesapeake, and the broader Hampton Roads region. Our criminal defense team includes former prosecutors, and our recognitions include the National College for DUI Defense — a distinction specific to attorneys who focus on the law and science of impaired-driving cases. We use that experience to challenge the evidence and protect your future.
We believe every case deserves a disciplined, strategic defense. From questioning the traffic stop to scrutinizing breath and blood testing, our goal is to protect your license, your record, and your freedom.
When a Ticket Is Actually a Crime
One of the most misunderstood things about Virginia law is that many driving offenses are criminal charges, not infractions. A speeding ticket is an infraction. But drive 20 miles per hour over the limit — or faster than 85 miles per hour anywhere — and that same drive becomes reckless driving, a Class 1 misdemeanor with the same maximum penalties as many other crimes. DUI, hit and run, and eluding are criminal charges as well. That distinction matters enormously, because a conviction can mean jail exposure, a permanent criminal record, and consequences that follow you for years.
Most of these cases are heard in the Virginia Beach General District Court, with felony charges and appeals proceeding to the Virginia Beach Circuit Court. And nearly all of them require a mandatory court appearance — these are not charges you can simply pay and forget.
DUI and Traffic Enforcement in Virginia — By the Numbers
These are not rare charges. In a recent year, Virginia recorded more than 14,000 DUI convictions, and impaired driving accounted for roughly a quarter of the Commonwealth’s traffic fatalities. Enforcement is aggressive and coordinated: during a single recent holiday season, well over 100 Virginia law enforcement agencies ran hundreds of saturation patrols and dozens of sobriety checkpoints across the state.
In Virginia Beach and across Hampton Roads — with its busy corridors, resort-season traffic, and large military population — DUI and traffic enforcement is active year-round, and the local courts take these cases seriously. That makes an early, well-prepared defense all the more important.
DUI & Traffic
Offenses We Handle
How Invictus Law Can Help
With DUI Charges
DUI defense is not passive for us. It is a disciplined, step-by-step review of everything the prosecution plans to use against you — and a systematic search for where their case falls short. We examine every stage of your arrest and every piece of evidence gathered against you:
The Traffic Stop
We start by asking whether law enforcement had reasonable suspicion to pull you over in the first place. If that legal threshold was not met, we will identify it and challenge it directly. Evidence collected after an unlawful stop can often be suppressed, and that can fundamentally change the direction of your case.
Field Sobriety Tests
Our criminal defense lawyers carefully review how each test was explained, demonstrated, and evaluated. These tests must follow strict standardized procedures. When officers deviate from those protocols — even slightly — we highlight those errors and challenge the reliability of the results in court.
Breathalyzer and Blood Test Results
We do not take chemical test results at face value. Our team examines maintenance logs, calibration records, and the way each test was administered. We also scrutinize the chain of custody for blood samples, because any gap or inconsistency can create doubt about the evidence being used against you.
Post-Arrest Procedure
Invictus Law checks whether your rights were properly read and whether evidence was lawfully collected, handled, and stored. These are not technicalities to us — they are the legal safeguards the government must meet before using evidence against you.
Consequences That Reach Beyond the Courtroom
For many drivers in Hampton Roads, the courtroom penalty is only part of the story. A DUI or criminal traffic conviction can also mean:
- ✓License suspension or revocation, and the loss of the ability to drive to work
- ✓Dramatically higher insurance costs, including the FR-44 requirement after a DUI
- ✓A permanent criminal record that appears on background checks
- ✓Security clearance review or jeopardy — a serious concern across the region’s cleared workforce
- ✓Military consequences, including action under the UCMJ and effects on a career
- ✓Loss of a commercial driver’s license and the livelihood that depends on it
Because these collateral consequences can be as damaging as the sentence itself, we build every defense with your whole situation in mind.
Common Defenses to DUI and Traffic Charges
Every case is unique, but common defenses may include:
- ✓Challenging the legality of the traffic stop
- ✓Questioning the administration and accuracy of field sobriety tests
- ✓Challenging breath or blood testing, including device calibration and procedure
- ✓Chain-of-custody and testing issues with blood samples
- ✓Questioning how speed was measured in reckless driving cases
- ✓Identifying constitutional violations in the stop, arrest, or search
- ✓Highlighting insufficient evidence to prove every element of the offense
A strong defense often begins by finding the weaknesses in the government’s case — and in the stop that started it — as early as possible.
Why Choose Invictus Law for a DUI or Traffic Case
Our goal is to provide disciplined representation and a clear path forward during a stressful and uncertain time.
Recognized in DUI Defense
Alert to Military and Clearance Consequences
Process-Driven Representation
Former Prosecutor Insight
Experience Across Virginia Beach Courts
Respected Standing in the Legal Community
What Makes Invictus Law Different
Focused Criminal Defense Practice
A DUI charge in Virginia Beach is not the moment for a generalist. We focus our criminal defense practice on serious criminal matters rather than attempting to handle every type of legal issue. DUI defense requires attention to detail, knowledge of criminal procedure, and the ability to challenge technical evidence.
Former Prosecutors
Our team includes attorneys who previously prosecuted criminal cases and understand how the government builds its cases. That experience helps us evaluate the evidence, anticipate prosecution strategies, and identify weaknesses in the case against you.
Recognition From the National College for DUI Defense
We hold recognition from the National College for DUI Defense — a reflection of our commitment to DUI law. For us, that means staying deeply engaged with the science behind BAC testing, the procedural rules governing traffic stops, and the strategies used to challenge DUI evidence at every stage.
Military and Security Clearance Experience
Hampton Roads is home to one of the nation’s largest military populations. For active-duty service members, reservists, government employees, and defense contractors, a DUI allegation may affect more than a criminal case.
Criminal charges can lead to command consequences, administrative actions, security clearance concerns, adverse career consequences, and professional uncertainty. Our team understands these unique concerns and incorporates them into the overall defense strategy whenever appropriate.
Process-Driven Representation
Our structured approach helps clients understand where they are, what comes next, and how decisions affect the overall strategy. We focus on preparation, communication, and disciplined execution from the beginning of the case through resolution.
Our Attorneys
Each of our attorneys brings unique experience and perspective to the firm. Together, they collaborate on strategy, share ideas, and leverage one another’s strengths to help clients achieve the best possible outcome.
Rather than working in isolation, our attorneys regularly discuss complex legal issues, evaluate strategy, and draw upon one another’s courtroom experience. That means every client benefits from the collective knowledge of the firm—not just the experience of the attorney assigned to the case.
Eric Leckie
Founding Attorney. Marine Corps JAG. Former Prosecutor.
Founder of Invictus Law and a former United States Marine Corps Judge Advocate with over 23 years of trial experience in federal criminal defense, military law, and security clearance matters.
Shemeka Hankins
Former Prosecutor, Decorated Trial Attorney & Fearless Criminal Defense Lawyer
Partner. Former Prosecutor with the Virginia Beach and Norfolk Commonwealth Attorney's Office, recognized as a Super Lawyers Rising Star and Virginia State Bar Local Bar Leader of the Year.
Yolanda Beasley
Family Law and Trial Attorney. Certified Guardian ad Litem.
Virginia Beach native and certified Guardian ad Litem recognized as a Super Lawyers Rising Star (2023, 2024) and National Black Lawyers Top 40 Under 40.
Reviews & Results
Frequently Asked Questions
Is a first DUI a misdemeanor or a felony in Virginia?
A first DUI is a Class 1 misdemeanor, not a felony — but it is still a criminal charge that can carry up to 12 months in jail, a one-year license suspension, fines, and mandatory VASAP. An elevated blood alcohol level or a child passenger can add mandatory jail time. A DUI becomes a felony on a third offense within 10 years, or when it causes serious injury or death.
Is reckless driving really a crime, or just a ticket?
It is a crime. Reckless driving in Virginia is a Class 1 misdemeanor — the same class as many other criminal offenses — not a traffic infraction. Driving 20 mph or more over the limit, or faster than 85 mph regardless of the limit, can result in jail exposure, a $2,500 fine, license suspension, six demerit points, and a permanent criminal record. It also requires a court appearance.
Can I refuse a breath or blood test in Virginia?
You can, but there are consequences. Under Virginia’s implied consent law, refusing a test after a lawful DUI arrest is a separate matter from the DUI charge. A first refusal is a civil offense carrying a one-year license suspension with no restricted license available, and later refusals can be criminal with longer suspensions.
What is VASAP, and what happens if I violate it?
The Virginia Alcohol Safety Action Program (VASAP) is the education and monitoring program required after most DUI convictions. If you fail to enroll, miss sessions, or otherwise do not comply, your case can be sent back to court, where you may face jail, an extended or revoked license, and a probation violation. Compliance matters, and problems are worth addressing quickly with a lawyer.
Will a DUI or reckless driving conviction affect my security clearance or military career?
It can. In a region with a large cleared and military workforce, these convictions are a real concern. A DUI or criminal traffic conviction can trigger a security clearance review and can lead to action under the UCMJ, affecting a service member’s career. For many clients, these collateral consequences require attention alongside the criminal case itself.
Where are DUI and traffic cases heard in Virginia Beach?
Most misdemeanor DUI and traffic charges are heard in the Virginia Beach General District Court, while felony charges and appeals proceed to the Virginia Beach Circuit Court. Juvenile matters are heard in the Juvenile & Domestic Relations District Court. Nearly all of these charges require a mandatory court appearance.
Legal Insights
