(540) 422-2223
Experienced Virginia
Criminal Defense Lawyer

Fairfax DUI Lawyer

The Importance of a Lawyer in a DUI CaseWhen an accusation of impaired driving has been made against you, call a Fairfax DUI lawyer for help responding to charges. A conviction for DUI has serious consequences for a defendant but conviction may sometimes be avoided with the help of a Fairfax criminal attorney with experience in DUI cases.  Your attorney can not only help you fight conviction, but can also help you try to keep your license. En Español.

Why Work with a Fairfax DUI Lawyer?

A Fairfax DUI lawyer will provide you with advice on your options for responding to charges of impaired or intoxicated driving.  Your attorney will carefully review the circumstances surrounding the traffic stop as well as the justification for any chemical or BAC testing that was administered. The way in which tests were conducted and the manner in which evidence was handled will also be reviewed by your lawyer.

The goal is to:

  • Determine if the Fourth Amendment was violated. If so, you can suppress the evidence so it can’t be used in your criminal trial. Preventing the prosecutor from using evidence could potentially lead to getting the charges dropped or dismissed.
  • Determine if the tests were performed correctly and evidence was handled properly. If there were problems with any part of evidence collection, this can be used to introduce reasonable doubt.

Because a prosecutor has to prove beyond a reasonable doubt that a driver was impaired behind the wheel, a DUI lawyer can often help you to avoid being convicted just by making the jury question the evidence.  Your attorney can also raise affirmative defenses, or help you to try to come to a plea deal to avoid court entirely.

DUI Laws in Fairfax

Virginia Code Section 18.2-266 stipulates that a defendant can be convicted for a DUI offense if the driver’s blood alcohol concentration is at least .08.  A defendant may also be convicted for having .02 milligrams of cocaine per blood liter, or for certain levels of other drugs like methamphetamine.  While the results of chemical tests are important evidence, prosecutors can also pursue DUI charges any time a law enforcement officer has credible evidence to believe a driver was too impaired, even if his BAC was below the limit.  Section 18.2-266 provides four distinct subsections for potentially prosecution. An experienced Fairfax DUI attorney can help you fight back against all four possible avenues.

Penalties vary based on a defendant’s BAC as well as based on any past criminal history.  A first offense with a BAC under .15 and no prior convictions results in at least a one-year license suspension and a $250 fine. For a first offense with a BAC of .15 to .20, there is a mandatory minimum penalty of five days in jail.  For a BAC above .20 for a first offense, the mandatory minimum penalty is 10 days imprisonment. Penalties become progressively more serious with past convictions, including a longer suspension of a driver’s license.

Contact a Fairfax DUI Lawyer Today

Avoiding conviction or reducing penalties are your goals after you have been arrested for impaired driving. An attorney can provide dedicated legal representation to help you fight for the best outcome possible based on the facts of your case. Call a Fairfax DUI lawyer today to learn more.

Northern Virginia Criminal Defense Group

Northern Virginia Criminal Defense Group
32 Waterloo St

Warrenton VA 20186
Times: 7am to 11pm - Mon to Sun
Northern Virginia Criminal Defense Group
Free Case Evaluation
For a FREE CASE EVALUATION, fill out the form and one of our attorneys will contact you.