FAIRFAX DUI LAWYER

Let us fight your DUI / DWI criminal charge in Virginia court. As a Fairfax DUI lawyer, have defended clients with many criminal misdemeanor and felony charges.

read below important details about DUI penalties & defense strategies:

Fairfax DUI criminal cases can be heard either in the Fairfax General District Court or in the Circuit Court, depending on the number of prior DUI convictions.

Your Fairfax DUI lawyer will evaluate your case, looking specifically at a few key factors:

First, we look at the basis of the traffic stop. What did the officer observe about your driving that warrants the traffic stop?  What statements did you make to the officer?

The second thing we look at is any pieces of hard evidence in the case. 

This includes videos recorded by the officer regarding the field sobriety test, the results of the DUI field sobriety test, and any analysis of your BAC.

Multiple areas are reviewed by your Fairfax DUI lawyer to determine the best defense strategy in your case.

What Happens Prior to a DUI Summons Being Issued? Explained by Fairfax DUI Lawyer:

An officer must observe something about your driving which gives them a reasonable basis for believing that you are driving under the influence of drugs or alcohol.

For example, a driver who appears unable to maintain lane control is found sleeping behind the wheel, or failing to follow the rules of the road may justify a traffic stop. 

An odor of alcohol or slurred speech also justifies the administration of a roadside sobriety test.  If you fail the test the officer will likely arrest you for a criminal DUI.

The table below presents penalties for the different offenses, DUI Virginia first offense and DUI 2nd offense VA:

While driving in Fairfax Virginia with a (BAC) Blood Alcohol Content of 0.08 or higher is grounds for being convicted of Driving Under the Influence (DUI DWI).

A DUI conviction in Fairfax County is a Class 1 Misdemeanor that can carry up to twelve months in jail and up to twelve-month suspension of your driver’s license depending on the level of alcohol and other circumstances. 

Keep in mind that driving under the influence of illegal drugs can also result in a charge of (DUI DWI).

What are the Penalties You Might Face For a DUI Conviction in Fairfax Virginia?

Depending on the number of convictions you have had this may be a Class 1 Misdemeanor or a Class 6 Felony. The penalties include:

• Incarceration including a potential mandatory jail sentence
• 6 demerit points on the DMV driving record
• A penalty of up to $2500
• Ignition interlock if you are granted a restricted license
• Must complete an Alcohol safety and awareness program ASAP program
• Other effects of a DUI: insurance premium increase, CDL license loss, and loss of employment.

What is The Implied Consent Law In Fairfax Virginia?

Pursuant to Virginia DUI laws under  VA code 18.2-268.2 anyone driving on a Virginia public highway has consented to a chemical test of their breath or blood in the event of a DUI arrest.

The first time you refuse to comply with either a breathalyzer or a blood test, your license will be suspended for twelve months. 

A subsequent refusal in a separate DUI arrest is a Class 1 Misdemeanor.

Can I Be Convicted of a DUI Virginia First Offense If I Was Just Sitting Behind The Steering Wheel?

The question is “who was in physical control of the vehicle?” Some factors that a court will consider are:

• Is the key in the ignition switch?
• Are you operating the vehicle on a public road or highway?
• Is the individual sitting behind the steering wheel?

If you answer yes to all the above questions, you can be convicted of a DUI in Fairfax Virginia.

That is why working with a DWI lawyer Fairfax VA skilled DUI defense attorney will make sure that your legal right are defended in court.