Loudoun County, Virginia DUI Defense Lawyers

Virginia's Implied Consent Law and DUI Testing Procedures

When driving in Virginia, the law considers you to have given consent to a chemical test if you are lawfully arrested for DUI. Implied consent applies to tests that are performed following an arrest, which may include:

• Breath Tests: A breathalyzer is the most common method used to determine blood alcohol concentration (BAC). This device will measure the amount of alcohol in your system based on an analysis of your breath. Refusing a breath test after a lawful arrest will lead to an automatic license suspension. The results of a properly administered breath test can be used as evidence in court.
• Blood Tests: In some cases, a blood test may be used instead of or in addition to a breath test. Blood tests must be conducted following strict procedures. Failure to follow those procedures may result in the test results being excluded from evidence.

Challenging the validity of chemical test results due to issues such as improper calibration of equipment, chain of custody issues, or constitutional violations can be a key component of an effective DUI defense strategy. Our attorneys can help determine how to address breath and blood tests as we assist with your case.

Types of DUI Charges in Loudoun County

Robinson Law, PLLC defends clients facing all types of DUI charges, including:

• First-Time DUI: A first offense of driving under the influence is generally classified as a Class 1 misdemeanor in Virginia. If you are convicted, you could be sentenced to up to 12 months in jail. You may be required to pay fines of $250 to $2,500. Your driver's license may be suspended for up to one year.
• Multiple DUI Offenses: Penalties increase significantly each time you are convicted of DUI. A second DUI is a misdemeanor offense, but a third, fourth, or subsequent DUI will be charged as a felony. If you are convicted, you may face a jail sentence of several years, thousands of dollars in fines, and the revocation of your license for several years or indefinitely.
• Drug-Related DUI: Charges of driving under the influence of drugs are just as serious as charges of driving under the influence of alcohol. You could face DUI charges based on the use of controlled substances, prescription medications, or a combination of multiple substances. Because these cases often involve complex toxicology evidence, it is important to work with an attorney who knows how to address the specific factors that may affect your case.
• Underage DUI: Drivers who are under the age of 21 are subject to zero-tolerance laws. For these drivers, a BAC of 0.02% or higher can result in DUI charges in Virginia. Minors may face penalties that include license suspensions and fines or community service.

DUI Defense Strategies Used by Robinson Law, PLLC

Every DUI case involves unique facts, and our attorneys will develop defense strategies based on the circumstances surrounding the arrest, the evidence involved in the case, and other factors. Some strategies we may use include:

• Challenging the Traffic Stop: If there was no valid reason for a police officer to pull you over, evidence obtained after you were stopped may be excluded from your case, or the charges against you may be dismissed. We can review video footage and other evidence to determine whether an officer had reasonable suspicion that you had committed an offense or was simply operating under the belief that you were intoxicated, without any way to back that up.
• Challenging Field Sobriety Tests: The tests performed by police officers at the side of the road are subjective, and they may be influenced by weather, footwear, medical conditions, or improper instructions. We can challenge the officer's observations and question whether your performance indicated that you were intoxicated.
• Contesting Breath Test or Blood Test Results: Breathalyzer machines require regular maintenance and calibration. The blood samples used in blood tests must be handled using the proper chain of custody. We can look at whether the proper procedures were followed and determine whether the results of these tests can be questioned.

Contact Our Loudoun County DUI Attorneys

If you have been arrested for DUI in Loudoun County, do not wait to get legal help. You will face consequences almost immediately following your arrest, but with legal counsel from Robinson Law, PLLC, you can take steps to minimize these penalties and defend against a conviction. Contact our Loudoun County, VA DUI defense lawyers today by calling 703-844-3746 and scheduling a free consultation.