FAIRFAX DUI LAWYER (18.2-266)  

Our law firm has defended DUI clients for over the past 10 years. As a Fairfax DUI lawyer, I can fight your case in court and protect your legal driving rights.

read below penalties and defenses of DUI in Fairfax County Virginia

Driving in Fairfax Virginia with a (BAC) Blood Alcohol Content of 0.08 or higher, according to VA code 18.2-266, is grounds for being convicted with a Fairfax DUI first offense.

You are also risking being convicted of a 2nd DUI in VA or a 3rd DUI in VA if you have prior DUI convictions.

In this article, our skilled Fairfax DUI Lawyer will explain the main Virginia DUI Law.

In a DUI traffic stop, a probable cause for the DUI stop is the first evidence that gets challenged by your attorney.

Another important detail of your case is your statements to the officer regarding how much alcohol or drugs were consumed and the officer’s observations that led to the traffic stop.

Your Fairfax DUI attorney will request any video recording showing the traffic stop and any DUI field sobriety tests you might have taken.

In addition, other evidence requested is the results of the breathalyzer or certificate of blood analysis or blood work from the hospital.

Multiple other areas are reviewed by your Fairfax DWI lawyer to determine the best DUI defense strategy in your case.

What Are Fairfax Virginia DUI Penalties You Might Face For a DUI Virginia Conviction?

Any BAC at or above .08 while driving is enough for a DUI conviction. 

However, if the BAC reaches a certain level the driver faces enhanced penalties.

For instance, if your BAC ranges 0.15 to .21, the Fairfax Commonwealth Attorney will request a mandatory jail sentence upon conviction.

Fairfax DUI Lawyer Explains The Consequences of Being Convicted With VA code 18.2-266

One of the main concerns for those facing a possible conviction of a DWI in Virginia is the loss of driving privileges. 

Convicted DUI offenders can be required to install an ignition interlock device on their vehicle.

That option is not available to CDL (commercial driver’s license) drivers.

The interlock functions as a breathalyzer that is attached to the car ignition system.

The interlock will prevent the car from starting if it detects alcohol in the driver’s breath.

Interlocks are expensive to install and are often not practical for offenders that own multiple vehicles.

Another potential risk is a loss of your security clearance because of the severity of the DUI conviction.

Employment opportunities can also be affected as employers often run criminal background checks on applicants.

Some colleges will also conduct a background check which can impact your chances for scholarships or financial aid.

Finally, DUI convictions can have a drastic impact on a driver’s insurance rate.

We encourage you to consult with our expert Fairfax DUI lawyer regarding your DUI charge.

Implied Consent Law

When you apply for and receive a driver’s license in Virginia, you have given consent to have your BAC tested either by a breathalyzer or a blood test. 

VA code 18.2-268.2 provides the details regarding Virginia’s implied consent law. If you refuse to submit to a testing method for your DUI level the officer can issue a civil citation of refusal.

Can I Be Convicted of a DUI in Fairfax County Virginia If I Was Just Sitting Behind The Steering Wheel?

Who was in physical control of the vehicle? Our DUI lawyer in Fairfax County highlights the focus areas regarding a valid DUI stop:

• Is the key in the ignition switch?
• Are you operating the vehicle on a public road or highway?
• Is the individual sitting behind the steering wheel?

You can be convicted of a DWI if you answer yes to all the above questions.

Are Officers Required To Videotape DUI Sobriety Tests Including All Audio Communications?

It is important to note that Fairfax County policy does not require officers to record their DUI and stops sobriety tests.

That is why you must hire a DUI attorney experienced in defending DUI charges in Fairfax County General District Court and Circuit Courts.

In some cases, attorneys can use the lack of video to challenge the officer’s evidence about the DUI stop.

Weaknesses in the officer’s traffic stop can help an attorney negotiate with the prosecutor.

Remember though, the outcome may be very much different if the DUI charge was based on an accident, if there were injuries or fatalities, or if they were minor children in the vehicle.