Newport News DUI Injury Attorney

David HoltSamantha Cohn
Legally Reviewed By
Stephen M. Smith
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After crashing into another driver, a man fails a breathalyzer test. As a result of their injuries, the other driver plans to contact a Newport News DUI injury lawyer.Front of Smith Law Center building
When another person injures you while drunk or high behind the wheel, you may have the legal right to pursue compensation. An attorney experienced in DUI litigation can help you achieve justice. 

Drugs and alcohol greatly affect a person’s decision-making capacity. Car accidents caused by drunk or impaired drivers can be catastrophic and change your life in the blink of an eye. 

If you or a family member have been injured as a result of a collision with a drunk or otherwise impaired driver in Newport News, VA, you deserve justice and an attorney who is willing to fight for you.

An experienced Newport News DUI lawyer will hold those responsible for their reckless actions to get you the compensation and closure you need to begin rebuilding your life. 

The attorneys at The Smith Law Center have achieved extraordinary results in DUI car accident cases, particularly those involving traumatic brain injuries and spinal cord injuries.

Our firm has proudly served the community of Newport News and beyond for over 70+ years, recovering over $1 billion for those wrongly injured. You can reach us online or by calling (757) 244-7000

What Is Considered Drunk Driving in Newport News, Virginia?

In Newport News, Virginia, drunk driving, or DUI, is taken very seriously. If a driver who is 21 years of age or older has a blood alcohol content (BAC) of .08% or higher, they are considered legally impaired.

However, even if their BAC is below .08%, they can still be charged with DUI if they show signs of impairment.

For drivers under 21, the rules are stricter. Any measurable amount of alcohol in their system, even as little as .02%, can lead to charges of illegal alcohol consumption. 

Also, it’s important to remember that driving after drinking any amount of alcohol or drugged driving can have serious consequences under Newport News laws

  • First-time offenders lose their driver’s license for a year and have a mandatory ignition interlock device when they begin driving again.
  • A three-year driver’s license suspension occurs after a second conviction, and 20 days in jail is required for a second conviction within five years.

How Common Are DUI Accidents?

Unfortunately, DUI accidents are fairly common in the United States, including in the Newport News area. DUI statistics from the Federal Bureau of Investigation show that: 

  • More than 10,000 Americans are killed by drunk or impaired drivers each year. 
  • There are more arrests made for DUIs or drunk driving than there are for murder, rape, or aggravated assault combined. 
  • Over 22% of drivers over the age of 21 admit to driving while intoxicated. About 12% of drivers admit to driving while intoxicated on a regular basis. 

DUI accidents and the circumstances that create them are far too common. These types of accidents cause thousands of deaths each year and can leave those who have been injured in them feeling helpless.

If you or a family member have been injured in an accident like this, filing a lawsuit can help you take back control.

The Smith Law Center understands the uncertainty and fear that follow a DUI accident. We will have your back every step of the way in your journey toward healing. When you’re ready, reach out to us online or call (757) 244-7000 to chat about your legal options.

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Newport News DUI Driving Statistics 

Recent statistics show that alcohol-related issues are a major issue in Virginia, including in the Newport News area: 

  • A 2024 report revealed that Virginia recorded the ninth-biggest rise in DUI crash fatalities over the past five years.
  • In 2024, 230 people died in alcohol-related crashes in Virginia.
  • On average, one person was killed and 11 injured every day in Virginia in 2022 in DUI incidents.
  • More than 14,000 people were convicted of DUI in Virginia in 2022. 
  • Preventable alcohol-related fatalities made up about 28% of all driving deaths. 
  • 78% of drunk drivers had a blood alcohol content (BAC) of 0.15, far above the legal limit of 0.08.
  • 100% of drunk drivers involved in fatal accidents were repeat offenders. 

Holding drunk drivers accountable for their actions is extremely important. By having the courage to file a DUI accident lawsuit, you are making the statement that negligent behavior will not be tolerated. 

You are also helping to remove repeat offenders from the roadways and are possibly even saving lives. 

Giving a Recorded Statement to the Other Driver’s Insurance Company Can Hurt Your Claim

Insurance companies are skilled at asking questions that may undermine your claim following a car accident. Even seemingly innocent answers can be used against you.

For example, if you say you're "fine" when asked how you're feeling, this can be used to argue that you weren't seriously injured, even if you were in pain.

Insurance companies aim to minimize payouts and might avoid encouraging you to seek medical help, which would create records supporting your claim. Without a doctor's diagnosis, you lack essential evidence for your case.

To protect your claim, it's recommended you consult an attorney before giving any recorded statements.

“Mr. Gill and his team did a wonderful job to get me the compensation I deserved after an accident. I was so overwhelmed at even thinking about filing suit but they made it easy to undertake. They were professional and thorough through the entire process. I highly recommend this firm when life takes an unexpected turn with an injury that happens through no fault of your own.”

- Kathy Coorens

How Can a Newport News DUI Injury Attorney Help Me?

You may feel like your life is in shambles after a DUI accident. Life can suddenly feel like a maze of challenges dealing with injuries, medical bills, insurance companies, and the stress of recovery.

On top of that, there's the emotional toll—feeling anxious or even scared to get behind the wheel again or struggling with the trauma of the accident itself. It's a lot to handle alone. However, a Newport News drunk driving accident lawyer will support you by:

  • Investigating the scene of the accident to collect important evidence to support your story and get to the bottom of who was responsible.
  • Taking care of all communications with insurance companies, including negotiations to maximize your compensation.
  • Gathering all necessary documentation, like police reports, medical bills, and witness statements, to create a strong case.
  • Fighting for your rights in court if necessary, ensuring your best interests are protected if insurance companies offer an unfair settlement.

A Newport News Drunk Driving Accident Attorney Can Find Out Who Is At Fault

If you were hit by an intoxicated driver, the driver would almost always bear most of the blame for the accident. However, the opposing counsel may argue that you were partially at fault in order to limit the amount that they have to pay out in a settlement. 

It is important to not worry about what the opposing counsel may try to claim. This will be for your lawyer to handle. 

The attorneys at The Smith Law Center know how to protect you and your reputation by securing evidence that proves the true cause of the accident. Evidence may include materials or reports that prove the other driver was intoxicated, such as: 

  • A bartender’s testimony.
  • Blood alcohol tests.
  • Police statements. 

Even if you think that you may be partially responsible for the accident, you can still get money from the other driver. Remember that driving while under the influence is illegal, and a DUI driver is a lawbreaker. 

Their actions may have significantly contributed to the accident and your injuries. Talk to a qualified attorney to learn more about your options. Contact The Smith Law Center online or call (757) 244-7000 to find out your next steps.

What Information Does a Newport News Drunk Driving Accident Attorney Need?

The more information you can give your DUI accident attorney, the better. Some of the important information that will be helpful to your attorney will include: 

  • The date and location of the accident so that your attorney can adequately investigate the crash site.
  • The contact information of everyone involved in the accident, including the other driver, passengers, and witnesses, if there are any.
  • The police report that was filed after the accident.
  • The receipts or bills from any medical care, missed work, lost wages, and expenses related to the damages to your vehicle or the vehicle’s repair.

Don’t worry if you don’t have this information on hand. It is your attorney’s job to build your case. 

When you hire a lawyer from The Smith Law Center to represent you, your only job is to heal and focus on your family. 

Your attorney will do all the work required to build your case and file a lawsuit. This might include filing subpoenas (making a legal demand) to gather information, conducting interviews, and adhering to strict court filing deadlines.

How a Newport News DUI Accident Lawyer Boosts Your Chance of Success

Considering hiring a lawyer after a DUI accident? A 2016 Martindale-Nolo study strongly suggests it’s a wise choice. More than nine out of ten individuals represented by legal counsel received compensation for their injuries, compared to just half of those handling their own claims.

Also, people with lawyers walked away with roughly $77,600 on average. Compare that to just $17,600 for people who handled their cases themselves.

Having a Newport News DUI injury lawyer on your side can make the difference between just getting by and getting compensation that sets you up for a more secure future. 

“It’s incredibly unfair when someone abides by the law and acts responsibly, avoiding driving under the influence, only to be injured in an accident caused by someone who disregarded those same laws. For those who drive with care for others on the road, you deserve to be protected and compensated for the harm caused by those who didn’t.” 

- Attorney, Stewart Gill

Common Injuries in DUI Accidents

Sadly, DUI accidents often result in severe injuries for innocent people on the road. This is because impaired drivers exhibit extremely reckless behavior, such as speeding, erratic lane changes, and unpredictable driving patterns.

Such collisions frequently lead to terrible injuries for those wrongfully harmed, including: 

Hear Attorney David Holt Discuss the Wide Variety of People Our Firm Represents

What Types of Compensation Can a Newport News DUI Injury Lawyer Secure For Me?

After a DUI accident, you may require extensive care, be out of work for some time, or even worry about how you will ever compensate for the emotional toll the accident has taken on you. A settlement in a DUI lawsuit can cover: 

  • Economic losses such as lost wages, loss of future income, medical bills, property damage, and more. 
  • Non-economic losses such as pain and suffering, loss of enjoyment of life, or other intangible harm. 
  • Wrongful death losses, such as funeral costs and the loss of companionship of your family member. 

Can a Newport News DUI Accident Attorney Help Me Get Punitive Damages?

Because of the nature of DUI cases, punitive damages may also be pursued. Punitive damages are damages awarded by the court to discourage bad behavior or punish wrongdoings. Punitive damages are usually granted when an action is especially heinous or malicious. DUI accidents may qualify for these types of damages. 

The Smith Law Center’s Proven Track Record

The Smith Law Center is skilled at achieving the maximum settlement for its clients. In total, we have recovered over $1 billion for our clients, including:

  • $7.5 million for a woman who suffered a head injury during a car accident in Virginia. 
  • Award of $1,100,000.00 to a woman in Newport News for a closed head injury in a collision with a tractor trailer.
  • $650,000 for a Newport News man who suffered a mild traumatic brain injury following a car wreck.
  • A $550,000 verdict to a Newport News client who sustained a neck injury in a car accident.

A Newport News DUI injury lawyer at The Smith Law Center will work nonstop to make sure that you receive the maximum payout that you are entitled to. We have seen the devastating impacts of DUI accidents firsthand. Therefore, we recognize that these funds will afford you dignified care and a peaceful healing process.

Smith Law Center Attorneys

About Smith Law Center

Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.

You Can Make a Difference By Contacting a Newport News DUI Accident Attorney

Intoxicated and drunk drivers pose a threat to society. Car accidents and truck accidents caused by drunk drivers are simply intolerable. Driving is a privilege, and if a drunk driver injures another person on the road, they must be held accountable for their actions. 

If you have been injured in a DUI accident, your decision to pursue legal action may save the lives of others. By holding negligent drivers responsible for their poor choices and actions, you help make your Newport News community and roadways a safer place to be. 

Why Hire The Smith Law Center

The attorneys at The Smith Law Center have assisted many families and individuals in coping with the aftermath of DUI-related car accidents. Our attorneys have helped get the financial support that those dealing with catastrophic injuries need to survive and heal. 

With over seven decades of experience, we make sure all of your injuries and all of your losses are considered when calculating a proper payoff–including any long-term effects on an individual’s ability to earn a living in the future. 

Contact The Smith Law Center online or by calling (757) 244-7000. We are experienced legal advocates with a track record that speaks for itself. Let us guide you and your family through these difficult times and toward a better tomorrow.

FAQ

FAQs

Does the other driver need to be found guilty of drunk driving before I file a lawsuit?

No, a criminal charge or conviction is not necessary before bringing a civil lawsuit. For a personal injury case, such as a DUI accident case, we only need to prove a few key elements: that the other driver acted negligently, the other driver caused you harm, and that your injuries cost you time, money, and quality of life. 

Is being on prescription pills count as “intoxicated?"

Yes. Driving while affected by legally prescribed prescription medicines can still impair your perception, reaction time, ability to think clearly, or ability to drive. Even over-the-counter medications may still be inappropriate if they are used while driving especially if they are taken incorrectly. 

What kind of expert testimony can a lawyer use in a Newport News DUI case?

Expert witnesses might include a toxicologist with a background in biology or chemistry. An expert witness like this can establish that the substances found in the driver’s blood would be a detriment to their ability to operate a motor vehicle safely. Other expert witnesses may be called in to testify about the responsibility of the other driver. 

Your attorney may want to bring witnesses, such as a medical expert, who can describe your injuries and explain how those injuries negatively impact your life. A physiologist can testify about the types of physical therapy you might need for your health as well as how long it might take your injuries to heal. Financial experts can help calculate the cost of all the medical care you will need.

How long do I have to file a DUI accident lawsuit in Newport News, VA?

In Newport News, VA, you generally have two years from the date of the accident to file a lawsuit for personal injury or wrongful death related to a drunk driving accident. Acting sooner rather than later is important because waiting too long means you may miss filing deadlines, or it can be harder to gather evidence or find witnesses to help your case.

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