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Virginia DUI Attorney

About Scott Nolan’s DUI Defense Firm

A DUI arrest is a serious problem that can derail your future. If you’re arrested for drunk driving, you need to hire the best dui lawyer you can find. Make sure you contact our Virginia DUI attorney – Scott C. Nolan.

The Law Office of Scott C. Nolan, PLLC, has represented thousands of clients facing DUI charges. Attorney Nolan is a trained and experienced DUI defense attorney with a strong reputation for legal excellence. He will bring your DUI case to the best possible resolution.

Attorney Nolan has received top-notch reviews and ratings for his DUI defense work, including a 10.0 Superb rating from Avvo. He is also a member of the National College for DUI Defense. Attorney Nolan has also been named a leading trial attorney by The National Trial Lawyers.

When you’re facing a DUI conviction, always hire our highly skilled Virginia DUI defense lawyer. Attorney Nolan will carefully review every detail of your case, from the traffic stop to the administration of field sobriety tests and breathalyzer results. We’ll identify any potential weaknesses in the case and utilize them to your maximum advantage.

DUI Defense Services

Being charged with drunk driving in Virginia is overwhelming. It’s even worse if you face the complex legal system without an experienced Virginia DUI attorney. Scott Nolan understands the stress you’re experiencing, and he’s ready to handle all of the legal complexities for you:

A standard DUI charge involves having a BAC of .08% or higher. You can be charged with DUI even if your BAC is under that threshold if the arresting officer believes you were impaired. Our Virginia DUI lawyer will review the details of the arrest today.

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Operating a vehicle under the influence of marijuana is against the law. You need a potent Virginia marijuana DUI defense attorney to help you avoid a devastating conviction.

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You can be charged with a drug DUI if you are under the influence of cocaine, methamphetamine, PCP, MDMA, and other illegal drugs. Our Virginia DUI defense attorney will review the drug test results to identify any potential weaknesses in your case.

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It’s essential to hire DUI causing injury defense attorneys when someone has been hurt in the incident. DUi causing injury can lead to several years in prison if you are convicted.

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A DUI involving a commercial driver’s license is a serious issue that requires the assistance of our skilled Virginia commercial driver’s license DUI attorney. You could lose your CDL for at least a year if convicted.

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Virginia has a zero tolerance police for underage DUI. Hire our driving under the influence under 21 attorneys in Virginia to avoid a conviction.

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You risk a driver’s license suspension if convicted for DUI. Retain our driving with a suspended license defense attorney for the best defense.

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A military DUi conviction can damage your military career. Our military DUI lawyer will protect your freedom and career with a robust defense.

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Understanding the DUI Process

Virginia Code 18.2-266 details several types of DUI and the process for handling such cases:

  • Standard DUI is when you drive with a BAC of .08% or higher, or while impaired by drugs or alcohol, regardless of BAC.
  • Aggravated DUI is when you have a BAC of .15% or higher, and the penalties are higher if you are convicted.
  • Underage DUI involves drivers under 21 who are driving with a BAC of .02% or higher. Virginia uses a zero-tolerance policy for underage drunk driving. A conviction may result in a one-year license suspension and $500 fine.

The DUI process involves the following steps, and our experienced Virginia DUI attorney will be with you each step of the way:

  1. The traffic stop and arrest: Most DUI arrests involve a traffic stop by law enforcement. The Virginia police officer will check if you are impaired, may conduct field sobriety tests, and require you to take a breath or blood test. If they think you are drunk, you will be arrested and taken to the police station. It’s best to say as little as possible during the arrest and booking processes. Contact our DUI lawyer immediately and let him handle everything.
  2. Arraignment and license suspension: The initial court appearance typically involves an arraignment, during which you will hear your official charges. Virginia law typically requires that a driver’s license be suspended when an individual is arrested, before they are convicted. The immediate administrative suspension may be seven days for your first offense. Our Virginia DUI attorney can contest your driver’s license suspension during an administrative hearing.
  3. Investigation and evidence analysis: Our Virginia DUI defense lawyer will review every aspect of the case, including why you were stopped, what the police officer did, how sobriety tests were administered, breathalyzer calibration, and the chain of custody for blood tests. Many DUI charges are dismissed due to procedural errors made during and after the arrest.
  4. Pre-trial motions: Attorney Nolan may file motions to suppress evidence if it was obtained or handled in an illegal manner. These legal actions can improve your position before trial by potentially disqualifying damaging evidence. Virginia DUI Attorney Nolan has successfully filed thousands of pre-trial motions for DUI clients that have made a dramatic difference in their cases.
  5. Plea negotiations or trial: Based on your case details, Attorney Nolan may negotiate with prosecutors for reduced criminal charges or get ready for trial. Our DUI lawyer is well-versed in the local courts, judges, and prosecutors, and possesses the strategic judgment to determine the best course of action.
  6. Sentencing and consequences: If you are convicted on your DUI charge, the penalties depend on the BAC level, your criminal history, and whether anyone was injured or killed. Virginia has mandatory minimum sentencing, so the judge may have reduced discretion in some DUI cases.

The Role of DUI Testing

Breathalyzer tests and blood tests are critical to the outcome of your DUI case. These tests are important scientific evidence that must be weighed to determine if you were legally intoxicated. DUI Attorney Nolan has a thorough understanding of breath and blood tests and may challenge the results, depending on the specific circumstances of your case:

  • These tests establish your BAC at the time of the arrest. Was your blood alcohol concentration over .08%, or .02% if you are a minor? Was the breath or blood test done correctly? The results of breath and blood tests usually are the foundation of the prosecution’s case, so your DUI attorneys will focus on them as part of most defense strategies.
  • BAC testing procedures must follow strict guidelines. These tests have precise stanards for calibration, administration, and evidence handling. The police officer administering the breath test must be certified, and the device used must be properly calibrated and maintained. Blood draws must be performed by a medical professional, and the chain of custody and storage must follow established protocols.
  • BAC test results are often inaccurate. Breathalyzers can yield false readings due to medical conditions, the use of mouthwash, calibration issues, or officer error. Blood tests are generally more reliable, but their results can be affected by improper handling or inadequate sample storage. Our DUI defense attorney, Scott Nolan understands these potential flaws and will use them in your defense, if applicable.

You are usually required to provide a breath or blood test sample if asked by the police. The implied consent law governs DUI testing in Virginia. This means that you consent to chemical testing by driving on state roads. Refusing a breath or blood test may trigger an automatic license suspension.

A police officer conducts a field sobriety test with a pen in front of a woman. A patrol car with flashing lights is visible in the background.

Your Rights During a DUI Stop and Arrest

In Virginia, understanding your rights during a DUI stop and arrest is crucial to obtaining a favorable outcome in your case. When a law enforcement officer signals you to stop for suspected driving under the influence, remember that you have the right to remain silent beyond providing basic information such as your name, driver’s license, and vehicle registration.

The Fifth Amendment protects you from self-incrimination, meaning you are not required to answer questions about where you’ve been, what you’ve consumed, or other potentially incriminating details.

Police officers may conduct field sobriety tests or request a preliminary breath test. Still, you have the right to refuse these tests, and in Virginia, you absolutely SHOULD refuse any tests offered prior to arrest.

You must be informed of your rights, and any evidence obtained unlawfully, such as through an invalid stop without reasonable suspicion, may be challenged in court by your Virginia DUI lawyer.

DUI Arrest

During a DUI arrest in Virginia, your rights remain in effect. If arrested, you have the right to be informed of the reason for the arrest and to receive a Miranda warning if questioned while in custody.

You can refuse the preliminary breath test without penalty, but once arrested, the implied consent law requires you to submit to a chemical test to measure your BAC. Refusing this test can result in an automatic one-year license suspension for a first offense, with harsher penalties for subsequent refusals. You have the right to request your DUI defense attorney as soon as possible, and it’s advisable to do so immediately.

Additionally, you have the right to be treated fairly and without excessive force during the stop and arrest process. Documenting the encounter and consulting your DUI attorney promptly can help protect your rights and build the best defense.

Challenging DUI Evidence and Field Sobriety Tests

Your skilled Virginia DUI lawyer may challenge the evidence against you as unreliable or faulty. DUI evidence often includes results from field sobriety tests, breathalyzer or blood tests, and officer observations. Under the law, a BAC of 0.08% or higher establishes a presumption of intoxication, but the reliability of this evidence can be contested effectively.

For instance, breathalyzer devices must be properly calibrated and operated by certified personnel, as mandated by the Virginia Department of Forensic Science. Errors in maintenance, calibration, or administration can lead to inaccurate BAC readings, which skilled DUI attorney Scott Nolan has challenged successfully in many cases. Additionally, blood tests must follow strict chain-of-custody protocols to prevent contamination or mishandling of samples. Other factors, such as medical conditions or environmental influences, may produce false positives, providing grounds for DUI Attorney Nolan to dispute the evidence.

Field Sobriety Test (FSTs)

Field sobriety tests in Virginia, such as the Horizontal Gaze Nystagmus test, Walk-and-Turn test, and One-Leg Stand test, may be used to establish probable cause for your DUI arrest, but are highly subjective and prone to inaccuracies that can be useful for your Virginia DUI lawyer.

These tests, outlined in Virginia’s DUI enforcement guidelines, rely on the officer’s interpretation of performance, which can be influenced by factors unrelated to intoxication, such as fatigue, nervousness, physical disabilities, or uneven terrain. For example, medical conditions like inner ear disorders or injuries can affect your balance, leading to poor performance on the Walk-and-Turn or One-Leg Stand tests.

Furthermore, officers must administer FSTs in strict accordance with National Highway Traffic Safety Administration standards; deviations, such as improper instructions or inadequate lighting, can render results inadmissible.

You have the right to refuse FSTs without incurring a direct penalty, although refusal may lead to further investigation. An experienced DUI attorney, such as Scott Nolan, can scrutinize the administration of these tests, officer conduct, and the legality of the traffic stop itself to challenge the prosecution’s case effectively. Attorney Nolan is a skilled DUI lawyer who has gotten DUI charges dismissed because of problems with FSTs and various issues with the traffic stop.

Penalties for DUI Convictions in Virginia

Penalties for a Virginia DUI conviction are outlined under Virginia Code 18.2-270 and vary based on BAC, offense number, and other factors. A first-offense DUI, classified as a Class 1 misdemeanor, carries a fine of up to $2,500, potential jail time of up to one year, and a mandatory one-year driver’s license suspension.

If the BAC is 0.15% or higher, a minimum five-day jail sentence is required; if the BAC is 0.20% or higher, the minimum increases to 10 days. Offenders must complete a mandatory alcohol safety action program, and may face installation of an ignition interlock device for at least six months to reinstate driving privileges.

For drivers under 21, Virginia’s “zero tolerance” policy imposes a one-year license suspension and fines up to $500 for a BAC as low as 0.02%. Additional consequences include increased insurance rates and a criminal record that can impact employment.

Subsequent DUI Conviction Consequences

Subsequent DUI convictions within 10 years result in significantly escalated penalties. A second offense within 10 years, also classified as a Class 1 misdemeanor, carries a minimum 20-day jail sentence, fines ranging from $500 to $2,500, and a three-year license suspension.

If the second offense occurs within five years, a minimum 10-day jail term applies regardless of BAC. A third offense within 10 years is a Class 6 felony, requiring at least 90 days in jail, indefinite license revocation, and fines of up to $2,500.

A fourth or subsequent offense can lead to a minimum one-year prison sentence. Aggravating factors, such as causing injury or driving with a minor, can elevate charges to felonies with up to seven years imprisonment.

Refusal to submit to BAC testing under the implied consent law results in a one-year license suspension for a first refusal, with no driving privileges allowed, and longer suspensions for repeat refusals. Always retain a skilled DUI attorney, such as Scott C. Nolan, to address your charges effectively and build a robust defense.

DUI Defenses

Defense strategies for DUI charges in Virginia focus on challenging the prosecution’s evidence and procedural errors to reduce or dismiss charges. A common defense is questioning the legality of the traffic stop, as officers must have reasonable suspicion of impaired driving, such as erratic behavior. If the stop lacks justification, evidence like field sobriety test results or BAC readings may be suppressed.

Challenging Test Inaccuracies

Attorney Nolan may challenge the accuracy of breathalyzer or blood tests, citing improper calibration, unqualified operators, or violations of Department of Forensic Science protocols. Field sobriety tests, governed by NHTSA standards, can be contested for improper administration or external factors, such as medical conditions, uneven surfaces, or poor lighting, that may affect performance.

Rising BAC

Other defenses include arguing “rising BAC,” where alcohol absorption hadn’t peaked at the time of testing, or proving the defendant wasn’t the driver. Refusal to perform field sobriety tests or preliminary breath tests, permissible without penalty, can limit evidence against you.

However, refusal of post-arrest chemical tests triggers implied consent penalties. Attorney Nolan can review your case specifics, identify procedural mistakes, and attempt plea negotiations. An experienced DUI attorney can evaluate case specifics, identify procedural flaws, and promote alternative sentencing to minimize consequences.

The Benefits of Hiring a DUI Defense Lawyer

A DUI case is highly stressful, and you could be tempted to plead guilty and get it over with. This is always a bad idea. Instead, hire our elite Virginia DUI defense attorney to handle everything. Attorney Nolan’s skill and experience in DUI cases will help you as follows:

1. Understanding Virginia’s Specific DUI Laws

Your Virginia DUI defense attorney possesses detailed knowledge of state-specific DUI laws, including the nuances of implied consent and chemical testing protocols. Virginia’s DUI process involves intricate steps, including traffic stops, field sobriety tests, breath or blood tests, and court proceedings, each governed by strict legal standards. Attorney Nolan knows how to review these procedures for errors. For example, our Virginia DUI attorney has had cases dismissed because of improper administration of the EC/IR II breathalyzer and mishandling of blood samples.

2. Protection from Maximum Penalties

Virginia DUI convictions have severe penalties. You could face jail time, up to $2,500 in fines, a license suspension, and be required to install a mandatory ignition interlock device at your own expense. You also face a permanent criminal record and six points on your license. Your employment, security clearances, and professional licenses will be at risk. Your DUI attorney will work to mitigate the consequences by negotiating with state prosecutors. Attorney Nolan may be able to secure a restricted license, allowing you to work as well.

3. Efficiency and Experience

Your DUI defense attorney has an exemplary case record, successfully handling thousands of drunk driving cases like yours. He has seen it all and knows which pre-trial motions to file, the evidence to challenge, and which legal arguments are most effective for a particular judge or court. This vast experience means a more effective defense and a better case outcome.

4. Handling Scientific and Technical Challenges

Some of the most effective DUI defenses involve challenging compelling scientific evidence. The breathalyzer may have been calibrated incorrectly, or the police officer may have made mistakes during field sobriety testing. Alternatively, your blood sample may not have been appropriately handled. Your experienced Virginia DUI defense attorney knows how to pinpoint these issues and use them to your advantage.

5. Protecting Your Driving Privileges

Losing your driver’s license can be one of the most significant problems with a DUI conviction. Your skilled DUI lawyer knows every avenue to preserve your driver’s license. Attorney Nolan may work to obtain a restricted driver’s license or an occupational permit for you. Another option is to overturn the administrative license suspension so you can drive pending the outcome of the case.

Why Choose Our DUI Defense Lawyers?

Choosing Attorney Scott C. Nolan as your Virginia DUI Attorney is a wise decision for the following reasons:

  • Exclusive focus on DUI and related offenses: Attorney Nolan has dedicated his practice to criminal defense for his clients since 2000. His weekly courtroom presence in Fairfax, Virginia and other nearby counties ensures that he is familiar with local judges, prosecutors, and court procedures, which are vital to developing the best defense strategies.
  • Transparent, predictable pricing: The fees you pay your attorney shouldn’t be a surprise. Attorney Nolan offers transparent pricing from day one.
  • Compassionate client service: Attorney Nolan understands that a DUI charge can be a frightening experience. That’s why he approaches every interaction with you with patience, empathy, and a willingness to listen. He welcomes your questions and will quickly address your concerns.
  • Plain language communication: Virginia criminal law is often accompanied by extensive legal jargon; however, Attorney Nolan will convey all critical legal information in clear, easy-to-understand language. You’ll always understand what’s happening in your case at the end of every phone call or meeting.
  • Proactive defense strategy: Virginia has strict DUI laws, including no diversion programs. Attorney Nolan’s approach emphasizes early intervention, thorough investigation, and numerous pre-trial motions to shape the case from the outset.
  • Strong track record: Attorney Nolan boasts a 10.0 Superb rating from AVVO and consistently receives high praise from clients for his exceptional skill, extensive experience, and unwavering dedication. Clients know him as knowledgeable, personable, and invested in the best outcome for their case. A recent client raved about his ability to negotiate an ‘amazing plea deal’ in a short time. Another praised how Attorney Nolan was able to get his DUI case dismissed entirely.

Attorney Nolan’s dedication to clients extends beyond case outcomes to mitigating long-term consequences. He ensures compliance with the Virginia Alcohol Safety Action Program compliance, license reinstatement, and strives to reduce DUI career or immigration effects.

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A Virginia DUI can feel intimidating and overwhelming, but your case is in the best of hands with Attorney Scott C. Nolan. He is a top-rated Virginia DUI attorney who will aggressively defend you against a misdemeanor or felony DUI charge.

The Law Office of Scott C. Nolan, PLLC, offers free consultations to review your DUI case details, explain your legal options, and develop a defense plan, ensuring you feel supported throughout the process. His reputation for upholding high ethical standards, as demonstrated by Martindale-Hubbell peer reviews and client testimonials, reinforces his commitment to achieving justice in DUI cases while protecting your rights and futures. Hiring Scott Nolan provides you with not only legal expertise but also peace of mind in facing Virginia’s harsh DUI system.

Contact our proven DUI defense lawyer today at (703) 688-9236 for immediate assistance and a free consultation.

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Scott C. Nolan at a table with legal files, in strategic discussion.

Frequently Asked Questions:

How likely is jail time for the first DUI in Virginia?

The likelihood of jail time for your first DUI conviction depends on several factors, primarily the BAC level and the circumstances of the case. For a first-offense DUI, classified as a Class 1 misdemeanor, jail time is not always mandatory, but it is possible. If the BAC is below 0.15%, there is no required minimum jail sentence, and courts may impose a fine of up to $2,500, a one-year license suspension, and mandatory enrollment in the Virginia Alcohol Safety Action Program, rather than incarceration. However, judges have discretion to impose up to one year in jail based on factors like reckless driving behavior or accidents.

If the BAC is 0.15% or higher, Virginia law requires a minimum five-day jail sentence; for a BAC of 0.20% or higher, the minimum increases to 10 days. Aggravating factors, such as causing property damage, having a minor in the vehicle, or prior traffic offenses, can increase the likelihood of jail time. Attorney Nolan has helped many defendants avoid jail time for a DUI offense.

How to get a DUI dismissed in Virginia?

Dismissing a DUI charge in Virginia can be challenging, but it is possible with a strong defense strategy. The most effective approach involves hiring an experienced Virginia DUI attorney, such as Scott Nolan, to identify procedural errors, challenge evidence, or negotiate with prosecutors.

One common defense that Attorney Nolan uses effectively is contesting the legality of the traffic stop. Officers must have reasonable suspicion, such as erratic driving, to initiate a halt; if this is lacking, evidence like field sobriety tests or BAC results may be suppressed, potentially leading to dismissal. Another strategy is to challenge the accuracy of breathalyzers or blood tests. Breathalyzers must be calibrated and operated according to the Virginia Department of Forensic Science standards, and errors in maintenance or administration can render the results inadmissible.

How to beat a DUI charge in Virginia?

Beating a DUI charge in Virginia requires a skilled defense led by an experienced DUI attorney to exploit weaknesses in the prosecution’s case. The goal is often to secure a dismissal, acquittal, or reduction to a lesser charge, such as reckless driving.

One key strategy Attorney Nolan uses in many cases is challenging the legality of the traffic stop. Officers must have reasonable suspicion, such as swerving or speeding, to pull you over; without it, evidence like field sobriety tests or BAC results may be deemed inadmissible.

Another approach is to contest the accuracy of chemical tests, which require careful adherence to chain-of-custody rules in blood testing.

What is the 3-hour rule for DUI in Virginia?

In Virginia, the “three-hour rule” for DUI cases refers to the legal requirement that a chemical test (breath or blood) to determine BAC must be administered within three hours of the alleged offense to be considered valid evidence in a DUI prosecution.

This rule is from the state’s implied consent law, which mandates that drivers arrested for DUI submit to a BAC test. If the test is conducted more than three hours after the alleged offense, the results may be deemed inadmissible in court to establish a per se violation.

What happens if you get a DUI for the first time in Virginia?

A first-time DUI conviction in Virginia, classified as a Class 1 misdemeanor, carries significant penalties that depend on your BAC and case circumstances. If your BAC is 0.08% or higher (the legal limit), you face a fine of up to $2,500, a mandatory one-year driver’s license suspension, and potential jail time of up to one year, though jail is not always imposed for low BAC cases.

If your BAC is 0.15% or higher, a minimum five-day jail sentence is required; for a BAC of 0.20% or higher, the minimum jail sentence increases to 10 days. You’ll also be required to complete the Virginia Alcohol Safety Action Program, which includes alcohol education or treatment, and may need to install an ignition interlock device for at least six months to reinstate limited driving privileges

Do you lose your license immediately after a DUI in Virginia?

You do not automatically lose your driver’s license immediately upon a DUI arrest. Still, your driving privileges can be impacted shortly after, depending on the circumstances and actions taken during the process. Upon arrest for a DUI, if you submit to a breath or blood test and your BAC is 0.08% or higher (or 0.02% for drivers under 21), or if you refuse to take the test, the arresting officer will issue an immediate administrative license suspension. Virginia DUI Attorney Nolan can attend the administrative hearing for you to attempt to get your license back pending the outcome of the case.

Can I refuse a breathalyzer or blood test in Virginia?

Yes, but there are serious consequences because of the state’s implied consent law. It states that by operating a vehicle on Virginia’s roads, you implicitly consent to submit to a chemical test (breath or blood) to measure your BAC if you’re stopped for DUI. Your driver’s license may be suspended for a year if you refuse a preliminary breath test or post-arrest chemical test.

Can a DUI affect my employment or professional license?

Yes, a DUI conviction in Virginia can significantly impact your employment and professional licenses, as it results in a criminal record and other consequences that employers and licensing boards may consider.

Employers conducting background checks may view a DUI arrest or conviction negatively, particularly for roles requiring trust, safety, or public interaction, such as teaching, healthcare, or law enforcement.

If your job involves driving, such as trucking, a DUI usually triggers a one-year license suspension. Even with a restricted license (available after part of the suspension period with an ignition interlock device, some employers may terminate or refuse to hire you due to the conviction or insurance restrictions.

The potential consequences to your job or career mean you should always retain a skilled DWI defense attorney like Scott Nolan immediately. He’s a skilled DUI attorney in Virginia who has obtained favorable case results for many accused of drunk driving in Virginia.

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Virginia criminal defense lawyer Scott C. Nolan is skilled and experienced at handling the most complicated criminal cases and winning the best possible outcomes for his clients. Every client is treated with absolute respect and dignity and is offered every professional courtesy and consideration. You’ll work directly with Scott C. Nolan, and the lines of communication will remain open until your case is resolved. He represents the accused in Fairfax and Fairfax County, Fairfax and Prince William County, and throughout Northern Virginia.

Scott C. Nolan understands what’s at stake when you’re facing harsh penalties for criminal charges: your family, your career, your freedom, and your future. To learn more about your rights and the law in Virginia, or if you’ve been arrested and charged with a crime, and you need the help of a Virginia criminal lawyer – fast – call The Law Office of Scott C. Nolan, PLLC’s law offices or contact him online.