Virginia Criminal Defense Attorney
If you have been charged with a DUI offense, it is imperative that you get in touch with a skilled DUI lawyer. First offense DUI charges in Vienna are almost always going to be heard usually in district court, which is the first level of court in Vienna unless the individual charged is a juvenile. A qualified attorney could devote the time and resources necessary to build a solid defense for you. Work with an experienced legal advocate that could pursue the best possible outcome in your case.
First offense DUI charges in Vienna that are simple DUIs where they do not have any aggravating factors that would rise to the level of a felony are treated very seriously. The prosecutors really protect their community in Vienna and they do not take kindly to people who are driving while intoxicated. The prosecutors are definitely going to be harsh and look for some types of suspended time and some type of high fine in addition to a license suspension and perhaps an alcohol treatment courses as well.
The courts treat first offense DUI charges in Vienna seriously, as well. Even though somebody has never done anything like this before, and has nothing on their record, it is still a situation where the courts are going to give a charge because the person’s driving behavior puts the community at risk simply by the fact that they were driving while intoxicated.
The courts will treat situations that have heightened facts like whether there was a high BAC or whether there was an injury or crash more severely. They are treated much more seriously, certainly, than a situation where somebody is barely over the limit and was otherwise driving perfectly. However, no matter what the BAC level is, they are going to treat it very seriously, and somebody should not expect any leniency in these types of case.
Whether judges or juries are more lenient really depends on the facts of the case. There are some cases with fact patterns where a jury would become really upset and would probably give more time than a judge ever would. There are other situations where, perhaps, a jury would be a better option because the facts surrounding the case do not seem as serious as it would to a judge who knows what it takes to become intoxicated to a certain level.
After someone’s first time DUI charge and conviction, their driver’s license will be suspended, depending on the facts of their case and whether or not they have a criminal record. It can be suspended for different amounts of time, but it is always at the start of the year.
Individuals cannot challenge the suspension of their license after a first time DUI if they have been convicted. A person cannot challenge the suspension of their license. It is going to be part of the sentence. However, one of the things someone can do is apply to have a restricted license, if they get an interlock installed, for example, and the person is successful in completing and reporting as soon as possible.
A person can apply for a restricted license after they been charged in Vienna, but after they have been convicted in Vienna, that person cannot apply for a restricted license. Until an individual has been convicted, they are not going to have that license suspension hanging over their head, so there is no point in applying for the restricted license until there is actually a conviction. If a person is not convicted of the DUI, then their license should still continue to be valid.
Some of the evidence that an attorney may use in first offense DUI cases includes the defendant’s performance on the field sobriety test, which tests were given, were they given appropriately, were the instructions given appropriately, how did the client perform on these tests according to the police officer, how many indicators did the person get that they were intoxicated, and did the officer correctly assume that there was probable cause if they subsequently arrested the person and brought them back to the station.
These are all things that the defense attorney is going to examine when defending someone against first offense DUI charges in Vienna. Point-by-point at each of the different points and interactions between the police officer and the client in the case, the attorney is going to have things that they are going to need to challenge to help prevent the defendant from being convicted of a DUI.
Even though there is some type of probation program or diversionary program for first-time offenders as part of a DUI conviction, there is not a situation where they can give someone a diversionary program or treatment program instead of a DUI conviction in Vienna. That just does not happen. What is more likely to happen is that, as part of a conviction, the prosecutors will go ahead and suspend all of the time in exchange for somebody doing these other things. If a person wants to know more about first offense DUI charges in Vienna and whether they could potentially receive probation for their offense, they should consult a knowledgeable DUI attorney that could help.