DUI Lawyer Fairfax, VA

Legal Defense After DUI Charges

In some states, the charges of DUI and DWI might represent different laws altogether. In other circumstances, the terms might be used interchangeably. In Virginia, the terms DUI and DWI are just two of several different theories of impaired driving that fall under one single law. Virginia Code §18.2-266. If you or someone you care about find themselves charged under this law, contact May Law LLP to speak with our premier DUI lawyer.

If you are arrested for drunk driving, Virginia law creates an obligation that you submit to a chemical analysis under the law of Implied Consent. Virginia Code §18.2-268.2. Typically, that is in the form of a Blood Alcohol Concentration (BAC) breath test. Virginia law then applies an inference of alcohol impairment at a BAC level of 0.08% or more. Virginia Code §18.2-269. This type of case would generally be referred to as DWI. The prosecution’s case would rest largely on the BAC number itself and a conviction would rely heavily on the weight given by the inference of impairment within the law. Our Fairfax, VA DUI lawyer understands the law related to this chemical evidence and can use that knowledge to help you mount a strong defense.

But what about a situation where a suspect is physically unable to submit to a BAC test or perhaps refuses to submit to such a test after arrest?  In many cases this results in a secondary allegation called Refusal to Submit to Chemical Analysis, Virginia Code §18.2-268.3. Even if you are unable or unwilling to submit to the test, the prosecution can still pursue a drunk driving conviction under Virginia Code §18.2-266(ii). This is what is commonly referred to in Virginia as DUI.

Here, the court would consider a full range of evidence – including driving behavior, interaction with police, admissions, and roadside field sobriety tests – to determine whether an accused was impaired by alcohol. As opposed to a straight DWI prosecution based on a BAC level, evidence in a DUI prosecution is subjective by nature, far more nuanced, and lends itself to the skillful argument. Our experienced DUI lawyers may help you manage these complications, analyze possible issues, create a strong trial strategy, and get the best result possible.

This version of drunk driving in Virginia is no more or less serious than DWI. Both are Class 1 misdemeanors and carry the same potential punishment. For first-time offenders that means fines up to $2,500, up to one year in the county jail, 12 months suspension of driver’s license, and one year of ASAP probation. There are situations where the punishment can even be more severe -for example, where there is evidence of a BAC level of 0.15% or more, or a record of prior drunk driving conviction.  In these situations, a DUI attorney may be able to attack the validity of the BAC results depending on a variety of factors. A lower BAC impacts fines, jail time and other aspects of the case.

Our top DUI lawyer understands the ramification a DUI conviction can have on your career and on your family. We have the experience and expertise to help you with the complex and specialized issues related to DUI law. We will work with you through every step of the process from information gathering, analyzing evidence, building a strong defense, plea bargain negotiation, and fighting for you at trial.  If you are in need of a trusted legal representation, contact us at May Law, LLP and arrange a free consultation.

Table Of Contents:

• Legal Defense After DUI Charges
• Understanding Court-Ordered Substance Abuse Evaluations
• How Our DUI Lawyer Can Help You
• Fairfax DUI Infographic
• DUI Statistics
• DUI FAQs
• May Law, LLP
• Put Our Experience In Your Corner

If You Were Charged with a Misdemeanor DUI

If you have been charged with “only” misdemeanor DUI, this is not an occasion to let your guard down. The fact is, your misdemeanor may be escalated by the prosecutor to a felony DUI. Such escalations primarily occur when there are extenuating circumstances. Without an experienced defense lawyer by your side to advocate on your behalf with the prosecutor and judge, if any of the following are true, you will remain particularly vulnerable to a felony charge:

• You have one or more previous convictions for DUI.
• You injured someone while you were DUI.
• You killed someone while you were DUI.
• You exhibited reckless behavior while DUI. Common examples include road rage, weaving in and out of traffic or between lanes, driving off road, or driving through a crowd of pedestrians.
• Your blood alcohol content (BAC) was substantially higher than the maximum amount of BAC allowed by law when driving.

If You Were Charged with a Felony DUI

It is all the more urgent to contact our Fairfax DUI lawyer if you have been charged with a felony. A felony DUI conviction can substantially disrupt your life in many ways and can do so far into the future. Every case is different, and we will examine yours closely to determine if and how law enforcement overstepped their legal bounds in any way as grounds for a dismissal of your charge. When a dismissal is not possible, our attorney may be able to negotiate a plea bargain for a lesser charge.

The Possible Consequences of a Felony DUI Conviction

As mentioned, every case is different and that is because of the many possible variables involved. For instance, do you have a prior record for DUI? Did you injure anyone while DUI? These are just some of the aspects of your case that must be considered when you meet with an experienced lawyer. Without the assistance of our skilled DUI lawyers from May Law, LLP, you will remain vulnerable and may have your life forever altered by any of the following penalties upon a felony conviction: prison time, significant fines in the many thousands of dollars, required participation in drug or alcohol counseling, loss of driving privileges, difficulty in acquiring a job and housing, and more.

Understanding Court-Ordered Substance Abuse Evaluations

Most of the time, a substance abuse evaluation may not be performed by “just anyone.” An agency certified by the state must complete the evaluation. With that said, an agency’s methods, assessment protocol, and corresponding treatments may vary.

The goal of a substance abuse evaluation is to determine whether the individual being assessed is being affected by a substance abuse condition and to what extent that condition is affecting the individual’s life and well-being. In general, this assessment will be followed up by the creation of a treatment plan designed to address any significant findings by the evaluator. The findings may or may not impact an individual’s sentence in the event of a DUI or DWI conviction.

Virginia’s Court-Ordered Alcohol Education Classes

All persons convicted of DUI in Virginia must complete an Alcohol Safety Action Program, also known as ASAP or VASAP. DUI offenders receive monitoring as well as other services ASAP. The program might include intervention interviews, driving improvement classes, reckless/aggressive driving classes, or habitual offender evaluations. The court assigns DUI offenders to one of 24 ASAP programs in Virginia, usually the ASAP located in the prosecuting court’s jurisdiction.

How Our DUI Lawyer Can Help You

It can be a huge help to have trustworthy legal advice on your side. Law enforcement officials may tell you one thing and family members another, possibly leaving you confused about your actual rights. For example, friends may tell you to refuse to take a blood alcohol test, but that can worsen the charges against you. With our experienced DUI lawyer, you can know what things you should and shouldn’t do for your case.

• Building a Strong Case

Another way our team at May Law helps you is by building a strong defense for your case. We can take care of gathering evidence to defend you, interviewing experts, and analyzing the prosecution’s evidence against you. The stronger your case, the better the chance of having the charges dropped, reaching a favorable plea deal or reducing the offense from a felony to a misdemeanor.

• Defending You Against the DUI Charges

Our Fairfax DUI lawyer may help to prepare you for court, advising you on what to say and do while on the stand. A good defense is indispensable if you want to fight the charges and have a clean record. If officers made mistakes in the methods followed with breath tests or pulling you over, your lawyer may be able to get the case thrown out. We can also look for errors in chemical testing equipment or procedures.

• Helping You Avoid Conviction

Is it possible to beat DUI charges? Yes, it is. The outcome of your case depends on many factors, such as the amount of evidence the prosecution has and the type of actions that led to your arrest. Our team can let you know during your consultation how strong a case you have and what your options are. Our goal is to give you the best possible outcome based on the circumstances, which can be avoiding conviction or having a lesser sentence.

• Negotiating a Plea Deal

Sometimes, a plea deal is a right choice. If avoiding conviction doesn’t look likely, our DUI attorney may be able negotiate reduced penalties. Instead of losing your driver’s license completely, you may be able to maintain a restricted license that allows you to keep driving to work. That way, you can maintain your income and continue providing for your family.

Too often, individuals only seek legal guidance when they are in the middle of a legal crisis. Educating yourself about your situation so that you can minimize the impact that a conviction may have on your life is critically important – and is a step that too few individuals choose to take. Our firm has worked with individuals impacted by DUI charges for years and years. We would be happy to answer any questions you may have and to explore any legal options that may be available to you.

Fairfax DUI Infographic

Fairfax DUI Statistics

According to the Virginia Department of Transportation, there were 6,749 alcohol-related accidents in 2021. Of these, 4,224 involved an injury and 247 involved a fatality. When it comes to drunk driving charges, you want a lawyer with courtroom experience related specifically to DUI/DWI cases. Call our office today.

DUI FAQs

Should I accept a plea deal?

Not every criminal case goes to trial. If you have ever watched a legal drama on television, then you are probably aware that a significant number of cases end in a plea bargain instead of a jury verdict. A plea bargain is an agreement between the defendant and the prosecution that settles the case.

Here is what usually happens: The defendant is charged with a crime. The prosecution offers a reduced sentence (punishment) or drops some of the charges if the defendant agrees to plead guilty or “no contest.” If the defendant agrees, there is a plea agreement. It is important to speak with an experienced legal counsel if you are facing a criminal charge. The dedicated team at May Law LLP can help guide you through a trial or potential plea bargain while keeping your best interests in mind.

Can I withdraw my plea after I have made the agreement?

Yes. You may take back the plea and elect to go to trial at any time before sentencing.

Is there any other way to get out of a plea agreement?

Once the court announces your sentence the only option you have is to file an appeal. You can either argue that your sentence is too harsh or that you did not understand what you were agreeing to/you were coerced into accepting the deal. It is important to work with a trusted DUI attorney to confirm that you fully understand the plea agreement and that it is entirely your decision if you should choose to accept or decline.

If I don’t accept the plea bargain and then I lose at trial, is it too late to accept the plea?

Yes. Furthermore, you could be given the maximum sentence for your crime. That said, our team may help you determine whether going to trial or accepting a plea deal is in your best interest.

If the plea agreement is between the prosecution and me, does the judge have to accept it?

No. However, it is likely that the judge will go along with the prosecution’s deal. The possibility that the judge might order a different sentence is something an experienced lawyer may help you prepare for.

Do I have any options if the judge gives me a harsher sentence than what is in my plea deal?

Yes. You may file an appeal. If the appellate judge agrees that your punishment is too severe then your case will be remanded to the trial judge, who will have to reduce your sentence.

What can I expect from a court-ordered substance abuse evaluation?

The penalties associated with being charged and/or convicted of a DUI or DWI tend to vary. States have unique laws related to this specific kind of infraction. Penalties may also vary based on the severity of the offense and as a result of whether an individual is a first-time or repeat offender. Sometimes, a court will order someone who has been charged with a DUI or DWI to undergo a substance abuse evaluation. 

This order may or may not accompany an otherwise reduced sentence or may serve as a way to avoid conviction altogether. For some, this kind of evaluation is valuable and eventually inspires relief that they are receiving some necessary assistance. For others, such an evaluation is insulting and frustrating. 

Regardless of how it is perceived, it is important that those individuals ordered by the court to submit to such an evaluation comply with the terms of the order. Failure to do so could lead to severe criminal consequences. If you have been ordered to undergo such an evaluation, do not ignore it. If you have questions, reach out to our team of professionals who can speak with you about your circumstances and legal options.

Can I pre-enroll in ASAP classes before I’m convicted?

Yes. Upon enrollment, you must pay the full fee and it isn’t refundable. You risk paying out-of-pocket for a program you might not need if you are not convicted. The classes may be helpful though, to show you are proactive in your rehabilitation.

If I pre-enroll, does any of my ASAP time get credited toward my court-assigned probationary time?

No. You can’t get any time credit toward a probation sentence. You can, however, receive credit for any classes you attend before your conviction. Our DUI defense lawyer may help you decide if you want to pre-enroll based on the circumstances of your case.

When do I report to ASAP?

The Code of Virginia requires ASAP enrollment within 15 days of your conviction. If you miss the 15-day requirement, ASAP may deny your application and inform the court of your non-compliance. The resulting penalties vary from court to court.

What if my court is not located in the jurisdiction where I live?

Once you enroll in ASAP, your case can be transferred to a program closer to your home.

What are the fees for ASAP?

The standard fee for ASAP is $300. There is an added $100 intervention fee and charges for canceled appointments and bounced checks. The ASAP fee does not cover a treatment evaluation or treatments. You must pay the treatment provider directly for all services.

How long are the ASAP classes?

ASAP classes are two hours long and held weekly for approximately 10 weeks.

Can I be charged with a DUI if my BAC is below .08?

Yes. Many people assume that they can only be arrested for a DUI if their BAC was above the legal limit of .08. However, if you exhibit signs of drunk driving, like swerving in and out of lanes or driving too slowly, a police officer may still pull you over for suspicion of drunk driving. If you slur your words, smell like alcohol, or show other signs of being drunk, the officer may still arrest you.

What are the penalties for a DUI?

The type of penalties you face for a DUI in Virginia depends on how far you were over the legal limit. For example, if your BAC was 0.14 or below, you may face up to a $2,500 fine, 12-month driver license suspension, alcohol safety action program classes, and up to 12 months in jail.

What is implied consent in DUI cases?

When you operate a motor vehicle in Virginia, you must give implied consent that you will submit a breath or blood test if you’re suspected of drinking or driving. If you refuse the test, you may face harsher penalties.

Fairfax DUI Glossary

Understanding Key DUI Legal Terms

If you are facing DUI (Driving Under the Influence) charges or seeking legal assistance from our Fairfax VA DUI lawyer, it’s essential to understand the legal terminology used in these cases. Since 1995 our team at May Law, LLP has successfully provided clients with thorough and professional legal representation. We understand that although DUI laws vary by state, certain legal concepts and terms are widely used across jurisdictions. Below are five key DUI-related legal terms, along with their definitions and explanations.

Implied Consent 

Implied consent refers to the legal principle that by obtaining a driver’s license, an individual automatically agrees to submit to chemical testing—such as breath, blood, or urine tests—if suspected of driving under the influence. According to our Fairfax DUI lawyer, if a law enforcement officer has probable cause to believe a driver is intoxicated, the driver is legally obligated to comply with testing. Refusing to take a chemical test can result in automatic penalties, such as a suspended driver’s license and additional fines. In many states, refusal can also be used as evidence of guilt in court. The specific penalties for refusal vary, but they often include an immediate license suspension for several months or even years.

A Field Sobriety Test (FST)

A FST is a series of physical and cognitive exercises conducted by law enforcement officers during a DUI stop to assess whether a driver is impaired. These tests, standardized by the National Highway Traffic Safety Administration (NHTSA), include the Walk-and-Turn test, where the suspect must walk heel-to-toe in a straight line, turn, and return in the same manner; the One-Leg Stand test, which requires standing on one leg while counting aloud; and the Horizontal Gaze Nystagmus (HGN) test, which measures involuntary eye movements when the driver follows a moving object like a pen or flashlight. These tests aim to identify signs of impairment, but they are not foolproof. Medical conditions, nervousness, or poor balance can lead to false positives. While FSTs are voluntary in most states, refusal may raise suspicion and result in further testing.

Blood Alcohol Concentration (BAC)

This measures the amount of alcohol in a person’s bloodstream, expressed as a percentage. For example, a BAC of 0.08% means 0.08 grams of alcohol per 100 milliliters of blood, which is the legal intoxication limit in most U.S. states for drivers over 21. BAC levels are influenced by various factors, including the amount of alcohol consumed, a person’s weight and metabolism, the duration over which the alcohol was consumed, and whether food was eaten alongside alcohol. A higher BAC level can lead to harsher penalties, including aggravated DUI charges if the BAC is significantly over the legal limit. In some states, even lower BAC levels can result in DUI charges if there is evidence of impaired driving.

Administrative License Revocation (ALR)

An Administrative License Revocation is a civil penalty imposed by the Department of Motor Vehicles (DMV) when a driver either fails or refuses a chemical test. This action is separate from criminal DUI proceedings and can result in an immediate suspension of the driver’s license, often before a court case is even heard. A driver is typically given a short period, often 7 to 10 days, to request a hearing to contest the suspension. If the hearing is not requested or the driver loses, the suspension takes effect for a set period, which can range from 90 days to a year or more. Even if a DUI charge is later dismissed, the ALR suspension may still remain in effect unless successfully challenged. Because ALR is a separate process from criminal prosecution, having a DUI lawyer assist with the hearing is often critical for preserving driving privileges.

An Ignition Interlock Device (IID) 

An ignition interlock device is a breathalyzer connected to a vehicle’s ignition system. Before starting the car, the driver must blow into the device, which measures their Blood Alcohol Concentration (BAC). If the BAC is above a preset limit, usually around 0.02% or lower, the vehicle will not start. IIDs are commonly required as a condition for reinstating driving privileges after a DUI conviction. They are often mandatory for repeat offenders or those with high BAC levels, and in some states, even first-time offenders may be required to install an IID. The driver must periodically retest while driving to ensure they remain sober, and tampering with or attempting to bypass an IID can result in additional legal penalties. Our Fairfax DUI lawyer cautions that failing to comply with IID requirements can lead to an extended license suspension.

May Law, LLP

Put Our Experience In Your Corner

Contact May Law LLP today for a consultation if you have been charged with drunk driving and are facing criminal prosecution. Our Fairfax VA DUI lawyer that locals recommend may assist in building your defense and obtaining the best possible outcome based on the circumstances of your case.

If you’ve recently been charged with a DUI or DWI and are concerned about the potential consequences of your situation, please do not hesitate to connect with our experienced professionals. It may be possible to mitigate any potential consequences before your situation resolves. Similarly, if you have been convicted of a DUI or DWI and have questions about how this conviction will affect you moving forward, please consider getting in touch.

Client Review

“I was referred to Mike May through another attorney and could not be happier with the successful outcome he was able to achieve for me. He is extremely knowledgeable, responsive and straightforward in his approach and I would not hesitate to work with him again should the need arise. I highly recommend him.”
Mina Lucks