EXPERIENCED FAIRFAX DUI LAWYER WILL FIGHT FOR JUSTICE ON YOUR BEHALF
It’s not difficult to get arrested for DUI – driving under the influence – under Virginia state law. In 2018, more than 19,000 people were convicted of DUI in Virginia. All drivers with a blood alcohol content (BAC) level of 0.08% or higher are considered to be driving under the influence.
Virginia DUI law is even tougher on drivers under the age of 21. Drivers under 21 can be convicted of DUI with a blood alcohol content level at 0.02%.
WHAT CAN BE THE CONSEQUENCES OF A DUI CONVICTION?
Many of those who are charged with DUI in Virginia have never been in legal trouble before, so the experience can be genuinely frightening. A DUI arrest can lead to a conviction, a criminal record, stiff fines, a lengthy probation term, and even jail time. Contact a DUI attorney to help you navigate through these complex legal matters.
And those are only the legal penalties. A Virginia DUI conviction will also affect your employment, increase your auto insurance costs, and cause some of your friends, co-workers, and perhaps even some of your family members to lose their trust in you.
If you hold a professional license in Virginia, a drunk driving conviction under Virginia law will probably prompt disciplinary action by your professional licensing board. If you are an immigrant, a conviction for driving under the influence may trigger a deportation action.
Moreover, when charged with DUI charges, you will need help navigating through two separate legal mazes. You’ll face a criminal DUI charge and a separate, “administrative” driver’s license suspension.
WHAT ARE THE PENALTIES FOR A DUI CONVICTION IN FAIRFAX, VIRGINIA?
For a first DUI offense and/or breath test refusal, your driver’s license will be “administratively” suspended for seven days by the Virginia Department of Motor Vehicles (DMV). The suspension is entirely separate from your criminal DUI case or any penalty imposed by a criminal court.
For a second offense and/or breath test refusal, your license will be suspended for 60 days or until you go to trial, whichever comes first. If you are convicted of DUI, a license suspension or revocation ordered by the court will be added to the administrative suspension.
A first DUI conviction in this state will be penalized by the courts with a mandatory, minimum $250 fine and a one-year driver’s license revocation. Additionally, an ignition interlock device (IID) must be installed in the offender’s vehicle at the end of the license revocation period.
A second conviction will be penalized with a mandatory, minimum $500 fine, a three-year driver’s license revocation, and the possibility of up to a year in jail.
Additionally, a second DUI conviction within five years of the first offense is penalized with a mandatory 20-day jail term. A second conviction between five and ten years of the first conviction is penalized with a 10-day jail term.
ADDITIONAL PENALTIES FOR HIGHER BAC MEASUREMENTS
Jail time is mandatory if you are arrested while driving with an excessively high blood alcohol content level. With a BAC level at or above 0.15%, a first offense additionally carries a mandatory, minimum five-day jail term; at or above 0.20%, a first offense carries a mandatory jail time of ten days.
A conviction for any DUI involving a passenger age 17 or younger in the vehicle at the time of the arrest carries an additional mandatory five-day jail term in addition to all other fines and sentences. You may also be fined an additional $500 to $1,000.
Finally, if you are convicted for DUI in Virginia, you’ll have to complete VASAP – the Virginia Alcohol Safety Action Program. VASAP is normally ten weeks of classes for two hours a week. Drivers must complete VASAP before receiving their licenses back from the Virginia DMV.
WHAT LEGAL DEFENSES CAN BE OFFERED AGAINST A DUI CHARGE?
DUI cases, a experienced trial attorney may challenge the legality of the traffic stop that led to the arrest. If a defendant’s rights were violated by the police officers, it’s possible that the charge could be dropped or dismissed.
A DUI defense lawyer might also challenge the results of a breath test or the credentials of the law enforcement officials who administered the test. Obviously, your own DUI defense strategy will depend on the details of the case and DUI charges.
PUT THE RIGHT DUI ATTORNEY TO WORK FOR YOU IN FAIRFAX, VIRGINIA
Fairfax, VA DUI attorney Scott C. Nolan, PLLC will examine the particulars of your case and criminal charges, explain your legal options, protect your rights, and bring your DUI case to its best possible conclusion. For two decades, he has effectively represented clients charged with DUI in Northern Virginia.
The Law Office of Scott C. Nolan, PLLC is a member of the National Association of Criminal Defense Lawyers and the National College for DUI Defense. He’s received extensive training in DUI/DWI breath and blood testing, forensic toxicology, and the administration of Standardized Field Sobriety Tests.
To learn more or to schedule a free consultation with a professional defense lawyer for driving under the influence, call Scott Nolan or contact our law office online. He’s a trained and experienced Fairfax DUI attorney who has established a reputation for legal excellence, and he will bring your DUI charge to its best possible resolution.