If you have been charged with a DUI in Loudoun County, it is a criminal offense that should not be taken lightly. The Commonwealth of Virginia takes DUI offenses seriously, and the quality of your legal defense may make or break the severity of your charges and penalties. Getting the advice and guidance of an experienced Loudoun County DUI lawyer is critical to ensure the best outcome in your defense.
What Constitutes a DUI Charge in Loudoun County?Whether it is a first offense or you have a history of other DUI charges, it’s important to understand what you are up against when charged with a DUI in Loudoun County.
In the state of Virginia, it is unlawful to operate a motor vehicle if
In Loudoun County, drivers with lower BAC levels have even been charged when there is noticeable impairment. It is important to understand that officers have latitude in making a DUI arrest and numerous resources to use as evidence in DUI cases, including things you say and do after during and after your traffic stop. Fortunately, under state laws, you cannot be convicted for simply driving with alcohol in your system, and this is when the quality of your defense and the experience of your Loudoun DUI attorney comes into play.
Getting the Representation of a Skilled Loudoun County DUI LawyerBecause of the seriousness of a DUI in Loudoun County, you want to get the immediate representation of a Loudoun County DUI attorney to ensure your best outcome. From the moment you are charged, you will need someone advising you and advocating for you in order to reduce the severity of your charges, penalties, or jail time as much as possible.
DUI convictions have a way of following an individual for life, affecting jobs, careers, housing, and reputations. Getting the representation of a skilled DUI lawyer in Loudoun may weigh critically in your favor after a DUI arrest.
The Penalties You Face With a Loudoun DUI ConvictionIn the Commonwealth of Virginia, DUIs are aggressively prosecuted. Your penalties will hinge on previous DUI convictions, how much drugs or alcohol were in your system, the speed at which you were driving, and if an accident ensued and if anyone was hurt. Consequently, there are a broad range of things that will be considered after your arrest and having the representation of a talented DUI attorney in Loudoun is critical.
There are two Loudoun County specific penalties for DUIs as well, which extend beyond the statutorily required penalties. The first is the Victim Impact Panel, for which all persons convicted of a DUI are required to attend. It is a one-time class, approximately three hours in length, that contains testimonials from people impacted by DUIs, medical professionals, and law enforcement. You must complete the victim impact panel within 90 days of your conviction. The second Loudoun County specific penalty occurs only if you are originally charged with a BAC of 0.15 or higher. Loudoun County requires that all convictions where the originally charged BAC was elevated participate in active probation for a year. This active probation is required even if your BAC is reduced through negotiation or trial; judges implement the penalty based on the originally charged BAC, not the final BAC of the conviction.
It is important to note that these are minimum penalties if you are convicted. A judge has the authority to impose harsher sentences if the court feels it is warranted.
The Right Loudoun DUI Lawyer For Your Best OutcomeConsequently, you do not want to leave a DUI charge to chance. With the assistance of the right Loudoun DUI attorney, charges may be reduced or dropped, or it may be determined that you qualify for special programs or a restricted license. In the case where your blood alcohol level was relatively low, you may get charges reduced.
Fighting a DUI in Loudoun County is an evidence intensive process. Most Loudoun county cruisers carry with them a dash camera, which records encounters between defendants and deputies. While some deputies will not have dash cameras in their vehicles, most will, and it is important to inquire if a dash camera is available and if not, why it is not. While generally the explanation for not having a dash camera video is benign, it is still a point of inquiry an attorney should explore in case it presents a legal issue.
An attorney can request the dash camera video as well as police reports through the discovery process. Loudoun county is somewhat different from many counties in that the General District Court has a standing order regarding discovery that requires only a form to be submitted. The Loudoun Commonwealth Attorney’s office allows for what is called “Open Discovery,” a form of discovery whereby an attorney requests through the Commonwealth’s Attorney’s website for a file to be placed out for review, and the attorney can view it once it has been put out. The Commonwealth Attorney’s office has computers for review at their office, however, upon request, copies of most materials are generally allowed to be made. This allows your attorney to review the materials at the office with you at your convenience.
After discovery has been reviewed, negotiation with the Commonwealth attorney assigned to the case may begin in earnest. Loudoun will sometimes assign Commonwealth attorneys to cases ahead of time, however, you should not necessarily expect offers to be issued regarding potential resolutions prior to the Court date.
Working with the right DUI lawyer in Loudoun County ensures that you are working with an experienced legal advocate who understands and is familiar with the Loudoun County court system, judges, and prosecutors. A good Loudoun DUI lawyer thoroughly considers all your options and defense strategies in order to get the most favorable outcome for you.
Experienced Loudoun DUI AttorneysIf you are facing a DUI in Loudoun County, you should not leave your future to chance. Getting the most skilled legal representation can make a vast difference in the severity of your charges or conviction. Call the skilled Loudoun DUI lawyers at Nova Defenders, S&R Law Firm, PLLC at 703.273.6431 to understand your legal rights and options. You may also contact us online.