Fairfax, VA DUI/DWI Defense Lawyers

Types of DUI/DWI Cases We Can Help Address

Our Fairfax DUI attorneys assist with a wide range of DUI-related charges, including:

First-Time DUI

If you have been charged with DUI for the first time, you may be unfamiliar with the criminal justice system, and you may be unsure about your rights. We can provide guidance throughout the legal process, explaining the charges you are facing, the possible penalties, and the available options for defense. We can help you determine whether you may be eligible for alternative sentencing or diversion programs, and we will help you understand the best ways to move forward and avoid ongoing issues related to a DUI charge.

Repeat DUI Offenses

Second, third, or additional DUI offenses can result in increasingly severe consequences, including mandatory minimum jail sentences, longer periods of license suspension or revocation, higher fines, and other penalties. If you are facing multiple DUI charges, our attorneys can help you determine the best options for defending against a conviction, while mitigating the impact that your case may have on your life.

High BAC or Aggravated DUI

If your blood alcohol concentration (BAC) was measured at 0.15 percent or higher, you could face enhanced penalties in a DUI case. The potential consequences of a conviction could include mandatory jail time, increased fines, and stricter probation conditions. Our lawyers can challenge the testing procedures and the maintenance and calibration of testing devices while determining other options for defending against a conviction or minimizing the penalties that may apply.

Drug-Related DUI

Allegations of driving under the influence of drugs, including illegal controlled substances, prescription medications, over-the-counter drugs, or a combination of multiple substances, can lead to DUI charges. These cases may involve issues such as toxicology reports and reports from drug recognition experts (DREs). Our attorneys can examine the validity of the drug tests, the effects of the substances that allegedly led to intoxication, and other factors. Our attorneys may argue that the prosecution cannot prove that you were actually impaired, or we may take other steps to defend against a conviction and avoid serious consequences.

Underage DUI

Drivers under the age of 21 are subject to Virginia's zero-tolerance laws, which may impose penalties if a young person was allegedly driving with a BAC of 0.02 percent or higher. In underage DUI cases, our lawyers help young drivers protect their futures by working to avoid criminal records, license suspensions, and other penalties that could affect their education, career opportunities, or other aspects of their lives.

Commercial Driver DUI

Operators of commercial vehicles are held to stricter standards when it comes to alcohol use or other issues that could lead to impairment. A legal limit of 0.04 percent BAC applies when a person is operating a commercial vehicle. A DUI conviction can result in disqualification from holding a commercial driver's license (CDL), even for a first offense. Our attorneys work to preserve our clients' professional driving privileges and protect their livelihoods as they defend against DUI charges.

DUI Accidents or Injuries

If a DUI offense allegedly resulted in an accident in which someone was injured or killed, the driver may be charged with a felony offense such as DUI maiming or DUI manslaughter. These charges can lead to substantial prison time and other severe penalties. A strong, well-prepared defense can be crucial in these situations. Our lawyers will conduct thorough investigations and present evidence to challenge the prosecution's narrative while taking steps to mitigate the potential consequences a person may face.

Considerations in DUI Cases

We help our clients understand the potential penalties for DUI, which may include fines of several thousand dollars, a lengthy driver's license suspension, possible jail time, the requirement to use an ignition interlock device, possible participation in an Alcohol Safety Action Program (ASAP), a permanent criminal record, and court-ordered restitution. Penalties may increase if a case allegedly involved aggravating factors such as an elevated blood alcohol concentration (BAC) or an accident in which serious injuries occurred.

Virginia's implied consent law requires drivers to submit to chemical testing if they are lawfully arrested for DUI or DWI. Refusal to comply with a DUI breath test or blood test can result in an automatic driver's license suspension or additional criminal charges. First-time refusals will result in a one-year suspension, while subsequent refusals may lead to misdemeanor charges. Our attorneys can help address breath test refusals or other issues related to chemical testing in Virginia DUI cases.

DUI Defense Strategies

At Robinson Law, PLLC, we can build strategic defenses to help our clients avoid convictions or resolve cases while minimizing the penalties that may be imposed. Some of the common defenses we may use in DUI/DWI cases include:

• Unlawful Traffic Stop: When a police officer did not have a reasonable suspicion of a criminal offense before pulling a driver over, we may seek to have evidence obtained during the traffic stop suppressed.
• Improper Arrest Procedures: We will review the steps followed by law enforcement during an arrest. If a police officer did not follow the proper protocols, such as failing to advise the driver of their rights, we can seek a dismissal or advocate for reduced charges.
• Faulty Field Sobriety Tests: We may be able to challenge the validity of tests performed during a traffic stop. Depending on the circumstances of a case, we can highlight issues such as environmental conditions or medical factors that may have affected a person's performance.
• Inaccurate BAC Results: Breathalyzer devices must be properly calibrated, and officers must follow specific procedures when administering breath tests. Blood tests must be performed by people with medical training, and samples must be handled correctly to avoid contamination or other issues that may affect the results. We can highlight a failure to follow the proper protocols during testing or argue that test results were inaccurate.
• Lack of Evidence of Impairment: When BAC evidence is inconclusive, we may argue that the driver's behavior did not meet the legal standards for impairment.
• Rising BAC Defense: In some cases, a person's BAC may have been below the legal limit while they were driving, but it rose to an unlawful level later due to alcohol absorption. We can introduce expert testimony to support this claim.

Our goal is to identify weaknesses in the prosecution's case and leverage them to achieve reduced charges, have a case dismissed, or secure an acquittal.

Why Choose Robinson Law, PLLC for Your DUI Defense?

At Robinson Law, PLLC, our team has a proven track record of helping clients defend against DUI charges and other types of criminal offenses. With a thorough understanding of Virginia DUI laws and a commitment to individualized representation, we are prepared to advocate for you. We can provide:

• Experienced Representation: As a former prosecutor, Attorney Michael Robinson can provide a strategic perspective on DUI cases and determine the best ways to counter arguments made by the prosecution. Our team has extensive trial experience, and we can provide the skilled defense needed to resolve cases successfully.
• Client-Centered Approach: With over 350 5-star reviews, our firm is known for providing effective, compassionate representation in criminal cases. We have received numerous awards, including being recognized as Super Lawyers and Leaders in Criminal Defense.

Contact Our Fairfax, Virginia DUI Defense Attorneys

At Robinson Law, PLLC, we are here to help you fight back against DUI charges. Contact our Fairfax DUI/DWI lawyers at 703-844-3746 to schedule a free DUI consultation. Reach out today to get the representation you need as you work to put this situation behind you and move forward with your life.