S & R Law Firm
DUI / DWI
Our Fairfax DUI / DWI lawyers serve the following counties: Fairfax County, Prince William County, Arlington County, the City of Alexandria, Loudoun County, Fauquier County, and Stafford County.
At S&R law firm, we focus on empowering our clients with knowledge about the charges they are facing. This includes informing you of the applicable law, all the viable DUI defenses that we can raise, and the potential penalties if one were found guilty. Contact us to chat with a Fairfax or Prince William DUI Lawyer about your case.
Consultations with our DUI lawyers are absolutely FREE. There is no time limit; we welcome both phone and office consultations. At S&R law firm, nothing is more personal to us than YOUR case. We understand that you have a lot at stake.
It is crucial that your DUI lawyer have adequate time to prepare your case, especially when it comes to DUI defense. DUI cases are extremely fact intensive, and there may be many legal defenses that we raise in court to minimize penalties or even get your case dismissed. Be proactive!Our Fairfax and Prince William County DUI Lawyer Explain the Main DUI Statute
Before you learn about DUI penalties and defenses, let's start with Virginia's DUI Statute. I want you to understand DUI law before diving into penalties and defense. Under the Virginia code, it is unlawful to operate a motor vehicle if:
- You are under the influence of alcohol and your ability to drive a motor vehicle safely is impaired.
- Your blood alcohol concentration (“BAC”) is greater than or equal to .08
- You are under the influence of any intoxicant or drug that impairs your ability to operate a motor vehicle.
- You are under the influence of alcohol combined with drugs, thus impairing your ability to operate a motor vehicle safely.
- You can be found guilty for DUI if your impairment is caused by drugs, even if they are over the counter medications! This includes sleep aids, cold medication, and pain killers, amongst many other commonly used drugs.
- Even if your BAC is less than .08, your ability to drive might still be impaired. For example, we all know of that person who cannot ‘hold their liquor.' If that very person consumes one alcoholic beverage and is no longer operate a motor vehicle safely, he can be charged with DUI.
- Although the state limit is .08, the presumption of intoxication is still rebuttable. What does it mean for a presumption to be rebuttable? Essentially, you will have the ability at trial to put on evidence that your ability to drive safely was not impaired despite your BAC of .08 or greater.
How all of this can turn into a DUI defense : Under Virginia DUI law, it is not enough for the Commonwealth to convict you for DUI simply because you operated a motor vehicle with alcohol in your system. A court must find that your ability to operate a motor vehicle safely has been impaired. Call your Fairfax and Prince William County DUI Lawyer at S&R law firm to assess this crucial factor.Our Fairfax and Prince William County DUI Lawyer Explains DUI Penalties
As a general note, penalties for a DUI / DWI depends on a variety of factors. First, our Virginia DUI lawyer will explain the penalties based on the number of DUI offenses committed. This is just a general guideline – call S&R law firm to have a DUI attorney assess your case!Penalties Associated with a First DUI / DWI Conviction
Virginia DUI Fines: If convicted of a DUI, the driver must pay a fine of at least $250. Because DUI is a Class 1 misdemeanor, you can be fined up to $2,500.
Suspension of Your Virginia Operators License: After being charged with a DUI offense, your license is administratively suspended for seven days. If convicted, however, your license will be suspended for one year. The court may, in its discretion, issue you a restricted license, and you should consult with an attorney as to whether you qualify for a restricted license and what restrictions you may be subject to.
Additional DWI Penalties: In addition to the above, you will be required to enroll in an Alcohol Safety Action Program (ASAP). Further, you may be required to have an ignition interlock device (IID) installed on any vehicle you own or operate for a minimum of six months. Lastly, a DUI conviction may remain on your record indefinitely.
A DUI / DWI charge is not something that you should take lightly. If charged in Prince William or Fairfax County, please call our DUI attorney for a full case assessment. Time is of the essence when it comes to DUI cases, and it is our goal to create a defense strategy for your case.Penalties Associated with a Second DUI / DWI Offense
Virginia DUI Second Offense Fines: If convicted for a second DUI within 10 or fewer years, the driver must pay a fine of at least $500. Similar to a DUI first offense, the maximum fine is $2,500.
Suspension of Your Virginia Operators License: Unlike a DUI first, the license revocation period for a DUI second is indefinite.
Suspension of Your Virginia Operators License: Unlike a DUI first, the license revocation period for a DUI second is three years, and a restricted license may not be issued by the court for either one year (in the case of a DUI 2nd within 5 years) or four months (in the case of a DUI 2nd within 5-10 years).
Jail Sentences for a Second DUI Conviction:
- If you are convicted for a second DUI within a period of five years, then you must serve a mandatory minimum of twenty days in jail. You can be sentenced to a maximum of one year in jail.
- If you are convicted for a second DUI within a period of ten years, then you must serve a mandatory minimum of ten days in jail. You can similarly be sentenced to a maximum of one year in jail.
Virginia DUI Third Offense is a felony in Virginia. The fines for a third DUI in Virginia are hefty; there is a mandatory minimum $1000 fine.
Suspension of Your Virginia Operators License: A third DUI / DWI offense in Virginia will lead to your license being administratively suspended until trial. If convicted for a third DUI, your license can be suspended indefinitely.
Jail Sentences for a Third DUI Conviction:
- If you are convicted for a third DUI within a period of five years, then you face a six month mandatory jail sentence.
- If you are convicted for a third DUI within a period of ten years, then you face a 90 day mandatory jail sentence.
If you've been charged with a DUI, call S&R Law Firm for a consultation with a Fairfax DUI Lawyer. We practice all over Northern Virginia, and our office is steps away from the Fairfax County Courthouse. Consultations are absolutely free and can be done over the phone or in person.
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