Lorton, Virginia DUI Defense Attorneys

People who are accused of drunk or intoxicated driving are often seen as dangerous, with little regard for the safety of others. When you are facing DUI charges, the path forward can feel uncertain, and you may worry that people's negative attitudes toward drunk drivers could affect your case, regardless of what actually happened. You may be unsure about what these charges will mean for your future, how the legal process works, or whether anything can be done to protect your rights.

These are exactly the issues that the attorneys at Robinson Law, PLLC are here to answer. We provide effective legal representation for people in Lorton and Fairfax County who have been arrested for DUI. We work to ensure that our clients are treated fairly while guiding them toward solutions that will help to minimize the penalties they may face.

Our attorneys know that a DUI charge does not tell the whole story of who you are. We will take the time to understand the full circumstances of your case, and we will build defense strategies grounded in the specific facts and the applicable laws while working to achieve the most favorable outcome possible. Whether your case involves a first-time misdemeanor charge or more serious felony DUI allegations, we are ready to help you.

Misdemeanor and Felony DUI Charges in Virginia

One of the most important things to understand after a DUI arrest is whether a person may face a misdemeanor or felony charge. In Virginia, that distinction will usually depend on a person's prior DUI history and the specific circumstances surrounding the alleged offense.

When DUI Is Charged as a Misdemeanor

Most first and second DUI offenses in Virginia are prosecuted as Class 1 misdemeanors. A conviction will carry a potential sentence of up to 12 months in jail and fines of up to $2,500. While a misdemeanor may be considered a lesser offense, the penalties and long-term consequences of a DUI conviction at this level are serious, and they should not be underestimated.

In addition to criminal penalties, a first-time DUI conviction will typically result in a 12-month driver's license suspension, and a person may be required to participate in DUI education classes and use an ignition interlock device after regaining their driving privileges. For a second DUI conviction, the consequences can escalate. A second offense within five years carries a mandatory minimum of 20 days in jail, and a judge will be more likely to impose a longer sentence. The period of license suspension after a second DUI will be three years.

When DUI Becomes a Felony

A third DUI offense may be charged as a Class 6 felony in Virginia if it took place within 10 years of a first offense. Felony DUI charges carry additional consequences. A felony conviction can permanently affect a person's right to vote and possess firearms, and it will show up on background checks for employment, housing, and professional licensing for the rest of their life.

The mandatory minimum jail sentence for a third offense within 10 years is 90 days. If all three offenses occurred within a five-year window, the mandatory minimum increases to six months. Significant fines will also apply, and a person's driver's license will be revoked indefinitely.

DUI can also be charged as a felony when a person allegedly caused an injury or death because of intoxicated driving. Charges of DUI maiming may apply if a person is accused of causing a serious injury. This offense is a Class 6 felony. is a felony that can result in substantial prison time. When DUI allegedly resulted in death, a person may be charged with involuntary manslaughter. This is a Class 5 felony that may result in more serious penalties.

Underage DUI Charges in Virginia

Virginia law takes a strict approach to DUI offenses involving drivers who are under the age of 21. The state's zero-tolerance policy is meant to prevent underage drivers from consuming any amount of alcohol before getting behind the wheel. An underage driver can be charged with DUI if their BAC is 0.02 percent or higher. This threshold is low enough that even a single drink could place a young driver at risk of a criminal charge.

An underage DUI conviction will typically result in a mandatory minimum fine of $500 or a requirement to perform 50 hours of community service. The young person's driver's license will be suspended for one year. If an underage driver had a BAC of 0.08 percent or higher, they may face the same penalties as an adult who is charged with DUI.