Leesburg DUI Defense Attorneys

DUI Charges and Penalties in Virginia

Under Virginia Code § 18.2-266, DUI charges may apply if a person is accused of operating a motor vehicle with a BAC of 0.08 percent or higher. Even if a person's BAC was under the legal limit, they could still face DUI charges if an officer believed that they were under the influence of alcohol, drugs, or a combination of substances that caused them to become impaired to the point where they could not operate a vehicle safely.

A person charged with DUI may face various penalties depending on the number of prior offenses and the circumstances of the arrest. A first-time DUI charge is typically classified as a Class 1 misdemeanor, and the potential penalties may include up to 12 months in jail, a fine ranging from $250 to $2,500, and a driver's license suspension for one year.

The penalties increase for people who have multiple DUI convictions on their record. A second DUI offense within 10 years is also a Class 1 misdemeanor, but the minimum jail sentence is one month, the minimum fine is $500, and a driver's license suspension will last for three years. A third DUI conviction within 10 years is a Class 6 felony with a minimum sentence of 90 days and a maximum sentence of five years, as well as a fine ranging from $1,000 to $2,500 and an indefinite driver's license revocation.

DUI for Drivers Under 21 in Virginia

Virginia follows a zero-tolerance policy for drivers under the age of 21. According to Virginia Code § 18.2-266.1, any driver under 21 who operates a motor vehicle with a BAC of 0.02 percent or more may be charged with underage DUI. In these cases, a minor may be charged with a Class 1 misdemeanor. A person may be required to pay a minimum fine of $500 or perform at least 50 hours of community service. A conviction will also result in a one-year driver's license suspension.

Although underage DUI is often prosecuted differently from adult DUI, the consequences can still be serious. A conviction may impact a minor's ability to apply for college, maintain scholarships, or seek certain types of employment. It can also result in increased insurance premiums and other penalties. Our attorneys can help advocate for alternative sentencing options such as deferred adjudication or enrollment in educational programs that may lead to reduced charges or the dismissal of a case upon successful completion.

Legal Defenses Against DUI Charges

Our DUI defense lawyers can develop effective legal strategies to help prevent a conviction for DUI or to minimize the penalties that may affect our client. Some potential defense strategies may include:

• Challenging the Legality of the Traffic Stop: If the officer did not have reasonable suspicion of a traffic violation or other offense when stopping a vehicle, any evidence they obtained may be inadmissible.
• Challenging Field Sobriety Tests: The tests used during a traffic stop to gauge potential intoxication can be subjective. We may be able to argue that these tests were influenced by other factors and did not truly reflect our client's level of impairment.
• Improper Administration of Chemical Tests: Officers must follow specific protocols when performing breath tests or blood tests. Any deviations from the proper procedures could invalidate the results of tests.
• Rising BAC: Due to the alcohol absorption rates that may differ from person to person, a chemical test performed following an arrest may indicate a higher BAC than when the person was actually driving.
• Medical Conditions or Prescription Medications: Certain health conditions or substances people use may affect chemical test results. We may argue that these factors were misinterpreted by police and that our client was not intoxicated.

Contact Our Leesburg, Virginia DUI Defense Lawyers

Legal guidance and representation are crucial after an arrest for DUI. The consequences of a DUI conviction can affect every aspect of your life, and you will want to take the right steps to avoid a conviction. At Robinson Law, PLLC, our lawyers can assess your case, explain your options, and advocate for the most favorable outcome possible. Contact our Leesburg DUI/DWI defense attorneys at 703-844-3746 to schedule a free consultation and get the representation you need.