Virginia is a state known for its low tolerance of traffic infractions which involve a proposed threat to other people or property. Among such traffic violations is driving under the influence (DUI). Punishment varies in cases of subsequent arrests, but even a first offense incurs serious punishment. If you have been arrested and charged with driving under the influence in Fairfax, whether for the first time or with multiple prior charges, it is important that you contact a Fairfax DUI lawyer who is familiar with Virginia DUI laws and testing and has the experience necessary to help you escape a conviction.
DUI charges are often very personal, in that they call into question the particular decisions or lifestyle of the defendant. However, it is the job of a Fairfax DUI lawyer to ensure that public opinion on DUI offenses does not cloud the facts of your case or the evidence presented by the prosecution. Our Fairfax attorneys have handled hundreds of DUI cases in the Commonwealth of Virginia and understand how to effectively defend against these types of charges.
DUI charges can result from inaccurate breathalyzer or chemical test results, or even a biased field sobriety test administered by an officer. Whatever the reason for your traffic stop and DUI arrest, your Fairfax DUI attorney will listen to your case. He or she will evaluate all the details to develop the optimal defense so you face the minimum possible impacts to your life and your personal and professional reputations.
In Virginia, the standard legal limit for blood alcohol content (BAC) is 0.08, at which point, a person is considered legally under the influence and a serious threat when behind the wheel of a car.
If an individual is pulled over with a BAC of 0.08 or greater, he or she will be arrested and charged with DUI. Under certain circumstances, however, the state has an even lower tolerance. If a person is certified to drive a vehicle, such as a tractor trailer, 10-passenger or greater van, bus, or if you transport hazardous materials, that person considered a commercial driver, for which the allowable BAC is 0.04 or greater. For underage drinkers, there is no tolerance. With a BAC of only 0.02, a person under the age of 21 can be arrested and charged with DUI.
Similarly, if you have a Commercial Driver’s License, learn about CDL DUI defense here.
On the other hand, you can also be charged of a DUID (or Drug DUI) for driving under the influence of certain narcotics.
To learn more about Virginia DUI laws and how your situation fits into the legal provisions, contact a Fairfax DUI lawyer.
When arrested for driving with a BAC between 0.08 and 0.14, and convicted with a first offense DUI, one receives a minimum fine of $250, a mandatory license suspension for one year, and mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP). If the driver was transporting a minor while under the influence of alcohol, he or she may also incur up to an additional $1000 in fines.
Second and third offenses carry harsher penalties, including mandatory jail sentences; license suspension and the potential compulsory installation of an ignition interlock device (IID). However, by working immediately with a Fairfax DUI lawyer, you may be able to take steps to reduce the charges and penalties associated with subsequent DUI offenses.
With an elevated BAC, the penalties increase, even for a first offense. With a BAC of 0.15 to 0.20, in addition to the penalties for a lesser BAC first-time offense, the individual will spend a minimum of five days in jail, have his or her license suspended for one year, and must have an ignition interlock device placed on any vehicle that he or she may drive.
Any subsequent DUI occurrences with such an elevated BAC may be subject to even more severe fines and penalties, which is why you should contact a Fairfax DUI lawyer immediately if you are being charged.
If you have been arrested and charged with driving under the influence, it is important that you seek legal counsel from an attorney who has knowledge of Virginia DUI laws and testing procedures. You can benefit from a DUI lawyer in Fairfax who knows how to provide a powerful defense that can help you avoid conviction and minimize the negative impacts on your life. Call a Fairfax DUI lawyer today for a free consultation.