Arlington, Virginia DUI Attorneys

An arrest for driving under the influence in Arlington, Virginia can result in multiple types of serious consequences. A person charged with DUI may face criminal charges that could lead to a jail sentence and thousands of dollars in fines, as well as a potential license suspension and a criminal record that may affect their employment and other areas of their life. However, with the legal representation from a skilled attorney, steps may be taken to challenge the evidence, seek a reduction in the severity of the charges, or even have the case dismissed.

At Robinson Law, PLLC, our lawyers can analyze the facts surrounding an arrest for drunk driving, identifying potential weaknesses in the evidence and exploring every available avenue for defense against a DUI conviction. Whether a case involves a first-time misdemeanor DUI or a felony DUI charge involving aggravating circumstances, we will develop a legal strategy based on the specific facts of each situation. We work to secure the best possible results for our clients, whether that is a case dismissal, acquittal at trial, or a favorable plea agreement that minimizes the impact of the charges.

Penalties for DUI in Virginia

In Virginia, DUI charges may apply if a person is accused of operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both. A person is considered to be impaired if they have a blood alcohol concentration (BAC) of 0.08 percent or more, but DUI charges may also apply at lower BAC levels if a person's behavior indicates that they were unable to drive safely due to the use of alcohol or other substances.

Most first and second DUI offenses are classified as Class 1 misdemeanors. The penalties a person may face if they are convicted of DUI for the first time may include a jail sentence of up to 12 months, a fine ranging from $250 to $2,500, and a one-year driver's license suspension. For a conviction of a second DUI offense within 10 years, the minimum sentence is typically one month in jail. Higher fines may also apply, and a license suspension of three years will usually be imposed.

A third or subsequent DUI offense is treated as a Class 6 felony. Penalties may include a minimum sentence of 90 days in jail and a maximum sentence of five years, fines ranging from $1,000 to $2,500, and an indefinite license revocation. Additional aggravating factors can lead to increased charges and more serious penalties, such as the presence of a minor or an accident that resulted in a serious injury.

Refusal to Submit to a Breath Test

The implied consent law that applies to all Virginia drivers states that anyone who has been arrested on suspicion of DUI is required to take a breath or blood test that will measure their BAC. A breath test refusal will result in immediate and automatic consequences. A first-time refusal is a civil offense that will result in a one-year driver's license suspension. A second or subsequent refusal is a Class 1 misdemeanor, and it will result in a three-year license suspension.

A breath test refusal can complicate a DUI case, as the prosecution may attempt to use the refusal itself as evidence of a person's guilt. However, it may also create opportunities for the defense to challenge the legality of the arrest or highlight the absence of scientific evidence showing that a person was intoxicated.