Arlington DUI Lawyer

DUI Lawyer Arlington VA

An Arlington, VA DUI lawyer trusted by the community may be a critical resource following an arrest and charge for driving under the influence. Even if you are clearly under the influence and are told by police that you are “guilty beyond a reasonable doubt,” it can still help to have a DUI lawyer on your side. Rights violations or investigative errors on the part of the police are not uncommon. Furthermore, feasible “loopholes” may exist and could be used to your advantage. If any of the above applies to your case, your DUI charges may be reduced—or even dismissed.

The DUI lawyers in Arlington, VA, have been providing honest legal advocacy for years. Our extensive knowledge of state legislation and legal precedents has enabled us to secure favorable outcomes for thousands of clients charged with varying degrees of DUI offenses. When you choose our firm, you can feel confident knowing your case will be handled with care, precision, and due diligence. Guided by a tenacious zeal and an aggressive approach to criminal defense, your DUI lawyer is committed to fighting for your rights and your future.

Table Of Contents:

• Why You Should Have a DUI Lawyer
• DUI Charges and Legal Representation
• After a DUI Arrest
• The Arraignment Process
• Driving Under the Influence
• Possible DUI Charge Penalties
• Arlington DUI Law Infographic
• How Penalties Differ for Private and Commercial Motorists
• What to Expect After Getting Charged with a DUI
• Arlington DUI Law FAQs
• Choose a DUI Law Firm Who Is On YOUR SIDE

Why You Should Have a DUI Lawyer

A DUI can have repercussions that take effect immediately and may continue to impact your life long after the initial charge. At May Law LLP, we understand that you may regret your actions but struggle to express that effectively before a judge. On the other hand, you may believe you are innocent and want to fight the charges. Alternatively, your rights may have been violated during the process. Regardless of your situation or how you feel, a DUI lawyer in Arlington, VA, can provide both legal guidance and moral support.

Your DUI lawyer can speak on your behalf, reducing the risk of unintentionally saying something that could harm your case. A skilled attorney—such as one from May Law LLP—may also be familiar with the judge and prosecutor handling your case and can help negotiate a deal that minimizes the penalties you face.

DUI Charges and Legal Representation

We have significant experience, training, and knowledge of the legal system, motor vehicle laws, and the judicial process. May Law, LLP has substantial resources at our disposal, and we use them to vigorously defend our clients. The sooner you call us, the sooner a DUI lawyer in Arlington, VA, can take charge of your case, ensure that your rights are protected, and help you avoid incarceration that might otherwise be preventable. In addition:

• We can make sure all necessary paperwork is completed before deadlines.

• We can represent you during all hearings, as well as during your trial, should a trial be necessary.

• We can communicate on your behalf with the prosecutor, the court, your insurance company, and others.

After a DUI Arrest

After a DUI Arrest
After being arrested for a DUI, your lawyer will have a clear understanding of the steps involved in defending against the charges. As a DUI lawyer in Arlington, VA, we base this understanding on the unique facts and circumstances of your case. The process may proceed as follows:

• You are arrested for a DUI.

• You will appear before a judge for arraignment. This means you will be formally charged with the DUI and asked to respond to the charge with either a guilty or not guilty plea. (We will be at your side, so you should not have to undergo this process alone—as long as you call us immediately after being charged.)

• Your bail amount may be set. We may argue on your behalf that you should be released on bail and that the amount should be reasonable.

The Arraignment Process

The Arraignment Process
As mentioned, we are happy to explain in detail what to expect during the arraignment and other phases of the legal process. In most cases, you can expect the following to occur:

• You will enter a plea of guilty or not guilty to the DUI charge.

• The judge will determine whether you should be released on bail. If bail is granted, the amount will be set at that time. Your Arlington DUI lawyer may be able to arrange for your release even before the arraignment.

• Your lawyer will advise you on whether a jury trial may be preferable in your case or if you might benefit from waiving that option.

Driving Under the Influence

DUI laws and regulations vary by state and may also differ depending on whether a federal occupation or agency is involved. However, one fact remains consistent across the country: the legal drinking age is 21, and operating a vehicle with a blood alcohol content (BAC) of 0.08 or higher is illegal.

If you are stopped by law enforcement and accused of driving under the influence, you may be asked to submit to a breathalyzer test. Legally, you are not required to comply; however, refusing the test could result in an immediate license suspension and additional charges—particularly in states with implied consent laws.

Remaining Silent While Being Arrested for a DUI
Under the U.S. Constitution, you have the right to remain silent, and exercising that right by refusing a breathalyzer test should not be used against you. However, many states—including Virginia—have DUI laws that allow prosecutors and juries to draw inferences from a driver’s refusal to submit to sobriety testing. This may be brought up during trial, and prosecutors could be permitted to comment on your decision to remain silent.

That said, choosing whether to take a sobriety test is not a simple decision. In most cases, you will not be given time to consult with a DUI lawyer in Arlington, VA, before making that choice. In fact, telling an officer that you wish to speak with an attorney before taking the test may itself be considered a refusal.

If you are visibly intoxicated, submitting to the test may simply add to the evidence against you—so in some cases, refusing may be in your best interest. However, be aware that if you refuse a breathalyzer or field sobriety test, you may be required to take a mandatory blood test. This typically occurs when you’re a repeat offender or have been involved in an accident, and it may involve being transported to a hospital for a blood draw.

How Police Detect Drunk Driving on the Road

Law enforcement officers are trained to identify specific signs of drunk or impaired driving before initiating a traffic stop. In Virginia, officers must have legal cause to pull a driver over, so they rely on observable behaviors to justify the stop. These may include:

• Speeding or running red lights

• Difficulty maintaining consistent speed

• Making wide or erratic turns

• Weaving or drifting into other lanes

• Delayed reactions to traffic signals (e.g., sitting too long at a green light)

Once a driver is stopped, officers may perform field sobriety tests to assess impairment. These often include:

• One-Leg Stand – The driver must balance on one foot for 30 seconds.

• Walk-and-Turn – The driver walks heel-to-toe in a straight line, turns, and walks back the same way.

Failing a sobriety test often leads to arrest and charges of driving under the influence. If you believe the officer stopped you without cause or improperly administered the test, it’s essential to speak with a DUI lawyer in Arlington, VA as soon as possible. The legal team at May Law, LLP can assess the details of your case and protect your rights.

Possible DUI Charge Penalties

DUI penalties can vary from state to state and typically depend on the circumstances of your case—such as whether it’s your first offense or a repeat violation. The judge’s decision will likely reflect these factors and may include:

• Suspension of your driver’s license and/or CDL

• Revocation of your driver’s license and/or CDL

• Court-imposed fines

• Jail time

• Community service

• Probation

• Mandatory SCRAM bracelet (alcohol-monitoring device)

• Permanent criminal record

• Random drug or alcohol testing

• Increased insurance premiums

The consequences of a DUI conviction often create a ripple effect that extends far beyond the courtroom. Your family and professional life may suffer—resulting in strained relationships, job loss, the revocation of a professional license, and significant emotional stress.

Importantly, the total cost of a DUI—including fines, lost income, and long-term financial setbacks—can be far greater than the cost of hiring a qualified DUI lawyer in Arlington, VA. At May Law, LLP, we’re committed to helping you fight your charges and protect your future.

Arlington DUI Law Infographic

Different Rules That Apply to Commercial Carriers and Private Motorists Facing Drunk Driving Charges

A motorist operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher is typically at risk of being arrested for driving under the influence. However, that legal threshold is significantly lower—0.04%—for individuals driving with a commercial driver’s license (CDL).

An experienced DUI lawyer in Arlington, VA, such as those at May Law, LLP, will explain that this is just one example of how DUI laws differ between private motorists and commercial drivers. In many cases, both the Federal Motor Carrier Safety Administration (FMCSA) and Virginia state law impose stricter rules and penalties on commercial drivers. These may affect everything from license suspension to employment consequences—making experienced legal guidance essential for CDL holder

Pre-Trip Prohibitions Applicable to Commercial Carriers

Commercial carriers include anyone operating a vehicle for hire, or driving on behalf of a government agency, civic organization, or religious group. According to Federal Motor Carrier Safety Administration (FMCSA) regulations, these individuals are prohibited from consuming any alcoholic beverages within four hours prior to operating a commercial vehicle.

How Penalties Differ for Private and Commercial Motorists

Most first and second DUI charges faced by private motorists in Virginia are classified as misdemeanors, punishable by fines and up to 12 months in jail upon conviction. A first-time DUI conviction typically results in a 12-month driver’s license suspension, while a second offense can lead to a 36-month suspension. A third or fourth DUI offense is considered a felony in Virginia, with penalties including up to five years in prison and the indefinite loss of driving privileges.

Penalties for commercial drivers convicted of DUI are equally severe. A first offense can result in a one-year CDL suspension, which increases to three years if the driver was transporting hazardous materials. For a second DUI conviction, public safety officials may permanently revoke the commercial driver’s license.

Because the consequences are so serious, whether you’re a private or commercial driver, it’s critical to consult an experienced DUI lawyer in Arlington, VA—like those at May Law, LLP—as soon as possible.

Post-Conviction Penalties Applicable to Commercial Carriers

If you were operating a commercial vehicle at the time of your drunk driving arrest, you can expect several additional penalties to apply following a DUI conviction. These may include:

• Mandatory self-reporting of your conviction to your employer within 30 days

• Ineligibility to work for your fleet company during the entire duration of your license suspension

• Random drug and alcohol testing whenever there is suspected intoxication

Any experienced DUI lawyer in Arlington, VA, including those at May Law, LLP, will tell you that this is not an exhaustive list of penalties that CDL holders may face. Additional consequences may apply depending on:

• Whether you refused BAC testing

• The severity of your intoxication

• Whether property damage or injury to human life occurred during the incident

What to Expect After Getting Charged with a DUI

As a DUI lawyer in Arlington, VA, we at May Law, LLP proudly represent members of the Arlington community who have been charged with driving under the influence (DUI). This is a very serious offense with potentially severe consequences upon conviction. If you’ve been arrested for DUI, it’s critical that you contact an Arlington, VA DUI lawyer right away, as there are strict time constraints that may impact your ability to preserve your driving privileges.

Without the guidance of an experienced DUI lawyer in Arlington, VA, you risk being convicted of a serious crime—one that could result in:

• Suspension or revocation of your driver’s license

• Heavy fines

• Mandatory community service or rehabilitation programs

• Points added to your driving record

• Potential jail time

As a DUI lawyer Arlington, VA drivers trust, our firm has successfully represented thousands of motorists, protecting their right to a fair trial, negotiating favorable plea deals, and in many cases, getting charges reduced or dismissed altogether.

Arlington DUI Statistics

Arlington DUI Law FAQs

What Does BAC Mean?

BAC, or blood alcohol concentration, refers to the amount of alcohol present in your bloodstream. Police use this measurement to assess impairment when stopping a driver. BAC is typically determined through breathalyzer tests, blood tests, or urine tests. Breathalyzer tests are usually administered at the scene, while blood and urine tests are conducted at a police station.

In most states, a BAC of 0.08 or higher is considered over the legal limit and can result in DUI charges. Some states still use a limit of 0.10. The results of these tests are often used as key evidence in court.

This is one of the critical factors a DUI lawyer in Arlington, VA will evaluate when preparing your defense. Depending on the circumstances and applicable laws, breathalyzer results may be challenged in court due to potential inaccuracies. Your attorney will also review how the test was administered and whether officers had the proper legal authority—such as a warrant—for collecting blood or urine samples.

Can You Refuse To Take a BAC Test?

In many states, refusing to submit to a blood alcohol concentration (BAC) test can be considered a criminal offense, separate from the DUI charge itself. This refusal often leads to additional penalties, such as license suspension, fines, or enhanced sentencing if you’re ultimately convicted of DUI.

At May Law, LLP, we typically advise clients to cooperate with law enforcement within reason. You are required to provide basic identifying information—such as your name, address, and driver’s license—but you have the right to remain silent beyond that.

While you can legally refuse a breathalyzer, doing so may still result in administrative penalties like a license suspension under Virginia’s implied consent laws. However, if officers have a valid warrant, it is generally best to comply with a blood test, as refusing it may result in more severe consequences.

Importantly, you are not obligated to answer all of the police officer’s questions. You have the right to request legal representation, and a DUI lawyer in Arlington, VA, can be present during questioning to protect your rights.

What Happens If You Drive With a Suspended License?

Why Should I Hire a DUI Lawyer?

Hiring a DUI lawyer in Arlington, VA gives you a critical advantage when facing criminal charges. An experienced attorney understands Virginia DUI laws and knows how to build the strongest possible defense on your behalf. No matter how serious your charges may be, your lawyer will identify the best legal strategy to pursue a favorable outcome.

Criminal defense should never be taken lightly. Saying or doing the wrong thing—especially early in the process—can unintentionally damage your case. A DUI lawyer will guide you through each step and advise you on what to say (or not say) to protect your rights and strengthen your defense.

Can’t I Fight a Charge On My Own?

While it’s legally possible to represent yourself, doing so is rarely a wise decision—especially if you’re dealing with prior convictions, felony charges, or unfamiliarity with the legal process. DUI laws are complex, and the consequences of losing your case can be severe.

A skilled DUI lawyer in Arlington, VA has the training, courtroom experience, and legal knowledge necessary to build a strong defense. By choosing to represent yourself, you risk missing critical legal opportunities and exposing yourself to avoidable penalties. For the best chance at a reduced sentence—or even a case dismissal—trust a lawyer who knows how to get results.

What Should I Know About DUI Penalties?

DUI penalties can vary based on several factors, including your BAC level, whether there was property damage or injury, and if you have prior offenses. Charges may be classified as either misdemeanors or felonies, with increasing consequences for repeat offenses.

A conviction can lead to license suspension, large fines, mandatory substance abuse treatment, community service, jail time, and a permanent criminal record. Because the potential hardships can be life-altering, it’s essential to work with a DUI lawyer in Arlington, VA who can help minimize the impact—or avoid a conviction altogether. 

What Should I Do If I’m Stopped by the Police?

If you’re pulled over for suspected DUI, it’s important to know your rights. While you must provide basic information like your name, license, and registration, you are not required to answer incriminating questions. If you’re unsure what to say, it’s best to remain polite but silent, and immediately request legal representation.

Refusing a field sobriety or chemical test may carry consequences under Virginia’s implied consent laws, including license suspension and additional penalties. A DUI lawyer from May Law, LLP can later evaluate whether your rights were violated during the stop or arrest, and may be able to challenge the admissibility of test results.

Questions To Ask Your DUI Lawyer in Arlington, VA

If you’ve been charged with DUI in Virginia, it’s essential to secure legal representation as soon as possible. Ideally, you’ll have the opportunity to meet with potential attorneys during an initial consultation. Before that meeting, prepare a list of questions that focus on the lawyer’s background, their assessment of your case, and how they will manage it. These conversations can help you choose the right DUI lawyer in Arlington, VA to handle your defense.

Attorney Background

There are clear advantages to hiring attorneys from May Law, LLP, who have extensive experience defending DUI clients in Arlington and throughout Northern Virginia. When interviewing potential lawyers, it’s important to ask about their years of practice, legal focus areas, and familiarity with local courts. A DUI lawyer who frequently appears in the same jurisdiction as your case may already have working relationships with the prosecutor and judge—giving you a strategic advantage during negotiations or trial.

Here are three essential background questions to ask during your consultation:

• How long have you been representing clients facing DUI charges?

• What percentage of your caseload is devoted to DUI cases?

• Have you worked with the prosecutor or judge assigned to my case before?

Assessment of Your Case

One of the most pressing concerns for any defendant is how a lawyer views the strengths and weaknesses of the case. While no attorney can guarantee results, a seasoned DUI lawyer in Arlington, VA will draw on past experience to provide realistic expectations and recommend defense strategies that have proven effective.

To better understand your legal position and options, ask the following:

• What factors in my case could work in my favor?

• Are there any weaknesses or concerns I should be aware of?

• Do you think I should accept a plea deal or go to trial?

• What possible outcomes should I be prepared for?

The attorneys at May Law, LLP will thoroughly evaluate your case and walk you through each step of the legal process with clarity and confidence.

 Case Management

Communication is a common concern among clients. Delays, missed updates, or lack of transparency can be frustrating. During your consultation, ask specific questions about how your case will be handled so you know what to expect.

Here are questions that will help clarify case management:

• Will you personally represent me, or will another attorney from your firm handle my case?

• Will you attend all court hearings on my behalf? If not, who will?

• What is the best way to reach you if I have questions or concerns?

• How frequently will I receive updates, and what information will those updates include?

Arlington DUI Glossary

If you’ve been charged with driving under the influence in Arlington, VA, you may feel overwhelmed by the legal process and its unfamiliar terminology. At May Law, LLP, we’ve been defending clients in DUI cases since 1995, offering trusted legal representation in Arlington, Prince William, Fairfax, and across Northern Virginia. Below, we’ve outlined key DUI terms you may encounter, along with how our firm can help at each step.

Driving Under The Influence (DUI)

Driving Under the Influence (DUI) refers to operating a motor vehicle while impaired by alcohol or drugs. In Virginia, the legal Blood Alcohol Content (BAC) limit is 0.08% for private motorists and 0.04% for commercial drivers. A DUI conviction can lead to fines, jail time, license suspension, and higher insurance rates. As experienced DUI lawyers in Arlington, VA, we work aggressively to defend your rights, challenge the evidence, and pursue all possible defenses.

Blood Alcohol Content (BAC)

BAC measures the percentage of alcohol in your bloodstream and is central to most DUI cases. Law enforcement may use breathalyzers, blood tests, or urine tests to determine your BAC. While a BAC above the legal limit often leads to charges, these tests are not always reliable. At May Law, LLP, we frequently challenge BAC evidence—examining how tests were administered, whether proper procedures were followed, and if the testing devices were correctly calibrated.

Implied Consent Laws

Virginia’s implied consent law requires drivers to submit to chemical testing (e.g., breath or blood tests) when an officer has probable cause to believe they were driving under the influence. Refusing a test can trigger Administrative License Suspension (ALS), even before your criminal trial begins. Many drivers aren’t aware that refusing can lead to immediate penalties. Our attorneys will review your arrest to determine whether your rights were violated and help reduce or contest any resulting suspension.

Arraignment

An arraignment is typically your first formal court appearance. During this proceeding, the charges against you are read, and you’re asked to enter a plea: guilty, not guilty, or no contest. The judge may also decide whether to set bail. Having a DUI lawyer in Arlington, VA by your side at this early stage can make a significant difference. We’ll explain your legal options clearly and ensure your rights are protected from day one.

Administrative License Suspension (ALS)

ALS is a civil penalty imposed when a driver either fails or refuses a BAC test. Unlike criminal penalties, ALS can begin shortly after your arrest and take effect before you appear in court. This sudden loss of driving privileges can have serious consequences for your job, family, and daily routine. At May Law, LLP, we help clients appeal ALS penalties, explore early reinstatement, and apply for restricted licenses when possible. 

Committed Legal Support

May Law, LLP, Arlington DUI Lawyer

3033 Wilson Blvd, Arlington, VA 22201

Choose a DUI Law Firm Who Is On YOUR SIDE

It is your right to hire a lawyer, and if possible, you should. Our firm can help you to understand our fees and explain what payment options may be available. To consult a DUI lawyer for free, call May Law LLP. All types of sobriety tests do not violate your rights, but they are almost always upheld in a court of law. Realistically the only way to avoid them is to refuse a test or not drink and drive in the first place. If you have been charged with an Arlington VA DUI, it may be in your best interest to not say anything more until you have sought free legal advice from a good DUI lawyer Arlington VA residents recommend.