DUI Defense Attorney in Fairfax, Virginia
If you have been arrested and charged with DUI in Virginia, you may have many questions, especially if this is your first offense and/or first time involved with the criminal justice system. It is important to understand the charges you are facing and the potential penalties if you are convicted. It is also important to begin building a defense to these charges right away. This is why anyone charged with driving under the influence offense should meet with a DUI defense attorney Fairfax VA clients recommend right away.
What Is Required in a DUI Arrest?
In Virginia, just as in all of the states in the U.S., any person who is 21 years of age or older and is driving a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher can be charged with a DUI. However, it is not just having alcohol in their system that can result in a driver arrested for DUI. A driver can also be charged if they are intoxicated by any drugs that are found in their system. Keep in mind, however, that the BAC standard is even lower for any driver who is under the legal drinking age of 21. Under Virginia’s zero-tolerance policy, the driver must have a BAC of 0.0 or can be charged with DUI.
License Suspension
A person convicted of DUI will automatically have their license suspended because of mandator sentences required by state law. The amount of time the license is suspended depends on the person’s past history and if they have prior DUI convictions.
Even if a driver is found not guilty of DUI, if they refused to submit to chemical testing when stopped by police, they will likely face a mandatory loss of license under the state’s implied consent law. Under this law, any person who accepts a driver’s license agrees that they will submit to chemical testing when requested by police and that they understand failure to comply results in driving privileges being suspended.
Jail Sentence
The penalty a person receives after they have been convicted depends on several circumstances, including any prior convictions. In addition to loss of license, additional penalties include court costs, fines, probation, jail, or a combination of any of these options.
The court may take several factors into consideration when handing down a sentence to a convicted driver. Ideally, a DUI defense attorney Fairfax VA residents trust will be able to defend against these charges, however, in some situations, the evidence is too overwhelming. A skilled attorney may be able to work with the prosecutor to have the charges downgraded and/or convince the judge that extenuating circumstances warrant a more lenient sentence.
Let Our Defense Firm Help
If you have been charged with DUI, contact May Law, LLP right away to meet with a seasoned Fairfax VA DUI defense attorney. We will schedule a free and confidential consultation and discuss what legal options you may have.