FAIRFAX DUI LAWYER

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 Fairfax 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.

FIELD SOBRIETY TESTS IN FAIRFAX

Field sobriety tests are commonly used by police officers in Fairfax to determine if a driver is under the influence of alcohol or drugs. These tests typically include the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand. Each of these tests is designed to assess a driver’s balance, coordination, and ability to follow instructions.

While field sobriety tests are a tool used by law enforcement, they are not always accurate indicators of impairment. Factors such as medical conditions, fatigue, or nervousness can affect a driver’s performance. A skilled Fairfax DUI lawyer can challenge the results of these tests by questioning their administration or the officer’s interpretation.

If you are asked to perform field sobriety tests, it’s important to know that you have the right to refuse. However, refusal can have consequences, such as being used against you in court. Consulting with a Fairfax DUI attorney can help you understand your rights and the best course of action in such situations.

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 Virginia 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 DUI DEFENSES CAN BE OFFERED AGAINST A DUI CHARGE?

In Virginia DUI cases, an 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 Virginia 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 Fairfax DUI defense strategy will depend on the details of the case and DUI charges.

Beyond these strategies, a seasoned Fairfax DUI lawyer may also scrutinize the calibration and maintenance records of the breathalyzer equipment used during the arrest. Any discrepancies or lapses in the equipment’s upkeep could cast doubt on the accuracy of the breath test results. Additionally, the lawyer might explore whether the arresting officer adhered to proper protocol during the field sobriety tests, as deviations can significantly affect the case outcome.

Furthermore, a thorough examination of the arresting officer’s training and experience in handling DUI cases may reveal gaps that could be leveraged in your defense. If you have medical conditions that could have influenced the test results, a knowledgeable Fairfax DUI lawyer will ensure these are considered in court.

In some cases, the defense might also present expert witnesses to challenge the prosecution’s evidence or provide alternative explanations for the defendant’s behavior and test results.

Ultimately, the goal of a Fairfax DUI lawyer is to meticulously analyze every aspect of the case, from the initial stop to the final arrest, to identify any possible weaknesses in the prosecution’s case. This comprehensive approach not

PUT THE RIGHT FAIRFAX DUI ATTORNEY TO WORK FOR YOU

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 as a Fairfax DUI lawyer.

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

CONTACT A FAIRFAX CRIMINAL LAWYER TODAY

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 will bring your DUI charge to its best possible resolution.

At the Law Office of Scott C. Nolan, PLLC, we understand that being charged with a DUI can be overwhelming and stressful. Our dedicated team is committed to providing you with comprehensive legal support and guidance throughout the entire process. We will meticulously review every detail of your case, from the initial traffic stop to the administration of field sobriety tests and breathalyzer results. Our goal is to identify any potential weaknesses in the prosecution’s case and leverage them to your advantage.

As a respected Fairfax criminal defense lawyer, Scott Nolan has successfully defended thousands of clients facing DUI charges. His proven track record in the local courts of Northern Virginia demonstrates his ability to achieve favorable outcomes, even in challenging cases. Whether it’s negotiating reduced charges, seeking a dismissal, or preparing a robust defense for trial, Scott Nolan is equipped with the knowledge and experience necessary to navigate the complexities of Virginia DUI laws.

Don’t face the criminal justice system alone. Let our law firm stand by your side, providing you with the legal representation you need to protect your rights and future. Contact us today to discuss your case and learn how we can assist you in obtaining the best possible outcome for your DUI offense.