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Fredericksburg DUI Lawyer

Fredericksburg enforces DUI laws aggressively because DUI laws directly impact public safety. Drivers who drive under the influence are viewed as people who are potentially dangerous on the road. So, the Fredericksburg Police Department enforce DUI laws strictly and aggressively and prosecute those charged harshly. Because of the harsh treatment of a violation of DUI laws and the serious penalties, it is important to contact a Fredericksburg DUI lawyer as soon as possible. A skilled defense attorney can help build a defense for a positive outcome in their client’s case.

DUI Cases

The DUI laws in Fredericksburg are the same as the laws throughout the Commonwealth of Virginia. They are found in Virginia Code Section 18.2-266 and 18.2-270 where it concerns what is and what is not a DUI.

In Virginia, the legal limit for driving under the influence is 0.08. However, someone can be found guilty of a DUI, theoretically, at any blood alcohol content (BAC) level. When the BAC is introduced into evidence at a level above 0.08, this creates a permissive inference by statute that the person is in violation of the law. The minimum BAC in Fredericksburg, as throughout the Commonwealth, that creates an inference of violation is 0.08.

Prosecution

DUI cases in Fredericksburg are handled by the elected Commonwealth’s Attorney. This means that the Commonwealth’s Attorney prosecutes these offenses rather than letting officers bring the case to the judge on their own. This makes contacting a Fredericksburg DUI lawyer especially important as the Commonwealth’s Attorney will take every DUI case seriously.

Penalties

DUI charges are intimidating for a vast number of reasons, making it important that a Fredericksburg DUI attorney is contacted. Even a first-offense DUI violation can have specific and severe consequences. For example, anyone convicted of a DUI offense in the Commonwealth of Virginia is prohibited from operating a vehicle in Virginia for at least 12 months. For a second offense, the driving suspension is three years.

This is not including potential mandatory minimum fines, high court costs, potential for active periods of jail time as well as other collateral consequences, including points to an individual’s driver’s license, loss of some freedom, ignition interlock requirement, a requirement to complete the Virginia Alcohol Safety Action Program courses, and other restrictions, including an enhanced insurance requirement and collateral consequences within an individual’s job and their social community.

Negotiation

Negotiations in Fredericksburg DUI cases vary on a case-by-case basis. There may be times in which negotiation can occur ahead of the scheduled court date or may occur on the set court date, depending on a variety of factors.

The negotiation often occurs when there is certain exposure that the client may have and can involve a certain risk that the prosecutor may have if the case goes to trial. How a negotiation takes place and what is presented in a negotiation varies significantly case to case.

Working with an Attorney in Fredericksburg

Fredericksburg DUI lawyers can inform their client about what the DUI laws are, how their case will be presented, and what defenses they have. Depending on the type of the case, a person may have certain options that are available to them and, in other cases, they may not have as many strong options.

An experienced DUI attorney in Fredericksburg can help their client understand what they are charged with, what to expect, what the process looks like, what must be proven before they can be found guilty, and what options they may have in terms of their defense.

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