Fairfax DUI Lawyer
Virginia law §18.2-266 governs handling a DUI charge in Fairfax, VA, and Northern Virginia. This law determines whether it is illegal for an individual to operate a vehicle based on various criteria. Officers possess the legal authority to stop and detain suspected drivers if they have a valid and articulable reason to believe that these individuals are violating the law.
If a police officer has probable cause to believe that a crime has been committed, they can detain suspects. They gather probable cause through a combination of on-site observations and field tests. Subsequently, suspected drivers undergo court hearings where they can either hear the judgment or present their case, depending on the available evidence. If you find yourself in such a situation, Fairfax DUI lawyers can provide assistance.
When assessing a DUI charge, several factors come into play. These factors include the driver’s age, the substance the driver was under the influence of during the arrest, and whether additional crimes were involved.
For example, a Fairfax DUI case may be straightforward if a driver is pulled over for DUI while driving home from work. However, penalties can be much more severe if a DUI is linked to an accident that resulted in injuries or fatalities. The minimum penalty is likely in the former case, while the latter case may warrant the maximum penalties sought in Fairfax. Trust a highly-rated Fairfax DUI lawyer who understands DUI laws and can achieve favorable outcomes for you. Contact the David Deane Law Firm today to schedule a consultation.
Jurisdictions We Serve
Fairfax VA DUI DWI Test Refusal
A Fairfax, VA, DUI Attorney will inform you about your right to refuse the breathalyzer test when you are apprehended. However, Virginia law includes what is known as “implied consent.” If you refuse the test at the station, you commit a separate, additional offense and automatic penalties can result from an unreasonable refusal.
For a first offense, your driver’s license will be suspended for one year, and you won’t face any jail time. There won’t be a restricted license permitted if you are convicted. If you are arrested for a second offense within the next ten years, the punishment increases to a 3-year license suspension and a minimum sentence of 10 days. A third offense carries similar penalties to the second offense but includes an additional 3-year driver’s license suspension with a minimum jail sentence of 90 days.
Contact a DUI lawyer in Fairfax, such as the criminal defense David Deane law firm, for a free consultation. David Deane, a highly experienced DUI lawyer with a wealth of experience handling numerous DUI cases, will provide you with top-notch defense in Fairfax County.
Penalties for a Virginia DUI Conviction
If you get a DUI charge in Fairfax County or Northern Virginia, it is important to know that under Virginia DUI law §18.2-266, the minimum penalty for a DUI charge in Virginia’s first offense is five days in jail if your BAC was between .15 and .20 and you had a passenger in the vehicle under 18 years of age. If your BAC is higher than .20, the penalty increases to 10 days in jail. You may also find yourself facing a fine of no less than $250, compulsory enrollment in the state’s Alcohol Safety Action Program (ASAP), 1-year license suspension, and mandatory installation of an ignition interlock device in your vehicle.
You can face jail time of anywhere between 20 days and one year for a second offense. You may also be fined at least $500, though it might be higher depending on the circumstances. If you had a passenger in the vehicle who was under 18 years of age, it adds five days to the minimum jail term and may also increase the fine to $1,000. Your driver’s license will also be suspended for three years. Contact a Fairfax DUI lawyer who will fight for you every step of the way. DUI and DWI can be an offense that ruins your reputation. You will need a top-rated Fairfax DUI lawyer who understands DUI DWI issues in Virginia.
The Ignition Interlock Device
Virginia has authorized the Ignition Interlock Device, which is used after a second offense under Virginia state law §18.2-266. It is typically used in most situations after committing your first offense if you want a restricted license.
The ignition interlock is a device that’s similar to a regular breathalyzer and can be connected to the vehicle’s dash. Using the ignition interlock system checks your BAC (Blood Alcohol Content) before it allows you to start the vehicle. The system records the driver’s actions to reduce fraud and attempts to circumvent stops put in place by the system. This system is very likely in a strict area such as Fairfax County. A Virginia DUI attorney such as David Deane will do everything in his ability to lessen your sentence or get the case dismissed in Fairfax County. Schedule a free consultation today with a Fairfax, Virginia, top DUI lawyer.
The Alcohol Safety Action Program (ASAP)
You will probably be required to complete the state’s Alcohol Safety Action Program, even if it is your first offense. It is an informational program that teaches about the use and abuse of substances and the dangers of a DUI DWI. If you refuse to complete the program, you will be found to violate your probation and may face additional jail time, fines, and suspensions.
If you’re facing a DUI charge in Fairfax County, VA, you can hire a criminal defense Fairfax DWI lawyer to fight for you and ensure you receive a fair trial and a favorable verdict. Get in touch with our office today to schedule a consultation with David Deane Law Firm.
Vehicles: The Definition
A Fairfax, VA, DUI criminal defense lawyer will likely want to know the vehicle you were driving during the arrest. It is particularly important to note that a standard vehicle, such as a truck or car, is not all that’s considered as such under the law §18.2-266.
Law 18.2-266 also includes trains and any vehicles that may be said to have an engine, such as an All-Terrain Vehicle (ATV) or even a dirt bike under its definition of a motor vehicle. The law also states specifically that mopeds, too, are to be held under similar regulations. Thus, users of these smaller vehicles are unable to avoid the laws that govern the general use of roadways.
Virginia DUI: Sections of the Law
If you examine law §18.2-266, you will note that according to law §18.2-266 (i), anybody whose Blood Alcohol Content (BAC) is greater than 0.08 is presumed to be a DUI (of alcohol). A breathalyzer test carried out by an officer in his/her vehicle is used to determine the blood alcohol level to obtain probable cause.
The accused of a Virginia DUI DWI has the right to refuse the breathalyzer test to be administered, as any Fairfax DUI lawyer will attest. However, an arrest can still be made on suspicion if the accused fails other field tests. The other field tests that may be administered include:
- Answering the questions that are posed
- Looking into a flashlight’s beam
- Following the instructions of the officer
- Walking in a straight line
- Reciting the alphabet
Officers are generally free to administer as many tests as they deem necessary to determine whether they are under the influence of alcohol. Failing any test may be enough to establish probable cause, which can result in an arrest.
According to the law §18.2-266 (ii), it is unlawful for an individual to drive under the influence of alcohol, irrespective of the quantity of alcohol consumed. The unlawfulness of driving under the influence is extended in law §18.2-266 (iii) to a DUI DWI of any drug considered a narcotic, a self-administered drug.
Virginia law 18.2-266 (iii) also states that it is against the law to use a combination of drugs likely to produce similar results, even if one of the drugs on its own would not have been enough to produce the same response. You will need a Fairfax DUI lawyer who is fully knowledgeable in DUI cases. David Deane is a knowledgeable DUI defense lawyer who has dealt with numerous DUI DWI cases across Fairfax County.
Free Consultation With an Experienced DUI DWI Attorney
If any of these things are done in Fairfax County or Northern Virginia, it could result in DUI convictions and mean you must hire a criminal defense DUI lawyer to represent your DUI cases. This is where David Deane can help. With over 20 years of experience, you will surely get some incredible results. Call today for a consultation, call David Deane Law Firm at (703) 439-1106 today.