Virginia Beach DUI / DWI Defense Attorney
Monte E. Kuligowski has been defending clients since 1997 and is the founder of the Legal Defense Center in Virginia Beach, Virginia.
Monte is licensed in all Virginia courts and has been admitted to practice in the United States Supreme Court. He has won cases at every level in the Commonwealth, including the Virginia Supreme Court.
Monte's legal writings have been published in several law journals and his article, "Rethinking DUI Law in Virginia," was published by the University of Richmond Law Review, Vol. 42, Issue 2. Click the image below to read the article.
Monte has experience with every kind of DUI case, including elevated BAC, subsequent offense, blood draw, felony, watercraft and even an operating an aircraft under the influence case.
Monte handles cases in Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Newport News, Eastville and throughout the state of Virginia.
Monte has tried hundreds of criminal law and traffic
cases and has the distinction of winning DUI cases in both state and federal court.
About DUI in Virginia
In Virginia, there is no distinction between a DUI and a DWI. To be convicted under Section 18.2-266 of the Code of VA one must be "under the influence" or at a 0.08 BAC or higher.
The Court of Appeals of Virginia has ruled that the blood alcohol concentration (BAC) number creates a permissible inference that a person is under the influence at a 0.08. This means that when the totality of the evidence tends to show that a defendant was not under the influence, the accuracy of the breath machine results become suspect and the trier of fact is free to give appropriate weight to the BAC number, depending upon the facts and circumstances. Medical problems such as gastroesophageal reflux disorder (GERD) will sometimes explain a high BAC number that is inconsistent with the other evidence of the particular case. In other cases, the EC/IR II breath machine may have been calibrated incorrectly. And there are cases in which the machine's assumptions are wrong: such as when the breath temperature of a suspect (due to a cold or fever) is higher than the assumed temperature.
In other words, it is sometimes possible for a DUI case to be dismissed even when the BAC number is at a 0.08 or higher. Attorney Kuligowski has achieved such results when the facts were appropriate for dismissal (see disclaimer to the right).
Every case begins with the contact with the police and if an officer's stop of the vehicle is deemed invalid the entire case may be thrown out. Another example of grounds for dismissal sometimes occurs in cases in which no BAC is entered into evidence -- either by objection by the defense attorney on a technicality or in DUI cases with companion "refusal" charges. When no BAC is presented, the case will stand or fall on the observations of the police officer, before during and after the field sobriety tests (if administered).
The NHTSA standardized field sobriety tests are an important part of the officer's case and every good DUI attorney will know the specifics of the tests inside and out. Frankly, the defense attorney should be more versed in the officer's training manuals than the officer himself. In order to have any chance of bringing the reliability of the test results into question, the defense attorney must hold the officer to his training, and specifically to the details in his NHTSA training manuals.
The officer's training material states that unless the tests are administered and interpreted in the prescribed manner the validity associated with the test results does not apply.
Sometimes avoiding conviction is the goal and in other cases, avoiding active jail time may be the goal of the attorney in the particular case.
In a first offense case, jail time may be suspended unless a BAC of 0.15 or higher is entered into evidence. And even with an elevated BAC number it is sometimes possible to avoid mandatory jail time.
Every DUI case is different. Please call the office for information commensurate with the specifics of your case.
"I received great service from Mr. Kuligowski. He went to court and got the results that I needed during such a rough period in my life. Mr. Kuligowski is an excellent attorney and I would recommend him to others." -- J. Thomas
"I value Mr. Kuligowski's professional opinion. He was very diligent in making sure that I received the best possible outcome for my case. I spoke with other attorneys prior to speaking with Mr. Kuligowski and I most definitely received the best value by retaining Mr. Kuligowski to represent me." -- D.M. Dennis
"I retained the Legal Defense Center to represent me in connection with a DUI charge in Chesapeake, VA in June of 2009. Mr. Kuligowski is exceptionally knowledgeable and well versed in DUI laws in Virginia. I received exemplary service and with Mr. Kuligowski's knowledge and skill level I was able to overcome all charges in a very, favorable disposition. I was found not guilty of DUI and was able to keep my driving privileges. I would certainly recommend the Legal Defense Center. Thank you Mr. Kuligowski." -- Rose
"I would highly recommend the legal services of Attorney Kuligowski. His staff and practice is very professional, timely and straight forward on what to expect from your case." -- Collins
"I am very pleased with the degree of service I received from the Legal Defense Center. Mr. Kuligowski went above and beyond for me in court and kept me from going to jail. If there is ever a time where I need legal services in the future, I will definitely return to the Legal Defense Center and refer others to Mr. Kuligowski as well." -- Petty Officer Burke
"Mr. Kuligowski was very confident that he could win my case and he did. I am very pleased with the results and the manner professionalism that I received and would definitely recommend the Legal Defense Center to anyone in need of legal services." -- Bernadette C.
"Mr. Kuligowski and staff were very helpful in helping me obtain successful results in my legal situation. Mr. Kuligowski's legal knowledge and experience helped me win my case and for that I am thankful. Mr. Kuligowski will receive many recommendations from me." -- K. Printz
"I live out of state and it was very easy for me to speak with Mr. Kuligowski about my case. They were very professional and a pleasure to work with. I would highly recommend Mr. Kuligowski to anyone." -- A. Overheul
When searching for Hampton Roads and Virginia Beach DUI attorneys be sure to inquire into their actual DUI defense court experience. Sometimes general practitioners do not have the specific training and experience required to effectively handle complex DUI, felony and other criminal defense cases. It is normally in your best interest to employ a DUI defense attorney who knows the area of law and is experienced with your specific type of case. An experienced Virginia Beach DUI defense lawyer will know the technicalities of the defense, including the validity and legality of the police encounter, evidentiary requirements and rules of court. You are encouraged to speak with other Virginia Beach area criminal defense attorneys and retain the Virginia attorney you have the most confidence in after consultation. The firm offers military discounts and free phone consultations. The criminal defense firm serves the Virginia Beach, Norfolk, Chesapeake, Portsmouth and other Tidewater courts. Defense attorney Kuligowski works hard to defend your legal rights. Call the law firm today to speak with a Virginia lawyer committed to helping you with your misdemeanor or felony criminal court case.
Nothing on this website is offered as legal advice. The contents of this site are for informational and promotional purposes only. Please call the office for an appointment to discuss the specifics of your case. Legal advice will only be offered in the context of a confidential attorney/client conference.
RULE 7.1 DISCLAIMER: THE OUTCOME OF A CASE DEPENDS ON A NUMBER OF CASE-SPECIFIC FACTORS; ATTORNEY MAKES NO GUARANTEE AS TO THE OUTCOME OF ANY PARTICULAR CASE; CASE RESULTS MAY VARY.
Monte E. Kuligowski, P.C.
Legal Defense Center
3640 S. Plaza Trl., Suite 202
Virginia Beach, Virginia 23452
Phone: (757) 424-5434
After hours: (757) 450-2341
Virginia DUI law is governed by the code of Virginia and case law opinions which apply specific facts to the law. The U.S. Constitution and federal court opinions also govern all matters of criminal procedure which fall within the purview of the U.S. Constitution. Virginia DUI is a serious offense and competent defense in Virginia Beach oftentimes requires a DUI lawyer who knows the current state of the law and the policies of the local court system.
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"If your freedom, license and record are on the line, call me today for legal help"
DUI / DWI Defense Law Office
Attorney Monte Kuligowski
Also serving Chesapeake, Norfolk, Portsmouth, Suffolk, Hampton, Newport News and all Virginia