Fairfax County DUI Lawyer
Most people have seen the commercials and other advertisements warning against the dangers of drunk driving. But they are meaningless when you are facing those blue lights, and the police are asking you to blow into a breathalyzer. At that point, you need to know your rights and how best to protect yourself. Once the police have accused you of a DUI, it is your job to ensure you have the best possible outcome.
You may be well-served by speaking with an attorney at your earliest chance. You may have options which could affect the result of an accusation. It may be essential to take advantage of your rights immediately.
Call a Fairfax County DUI lawyer as soon as you can to learn more about the process and what may happen going forward. You may find an aggressive defense attorney to be invaluable during this time.
DUI Laws in Fairfax County
The definition of driving while drunk is that the driver either:
- Has a blood alcohol concentration of 0.08
- Is influenced by the amount of alcohol consumed
- Has consumed drugs that impair the driver’s ability to drive
- Has consumed drugs and alcohol which lessens the driver’s driving abilities
- Has certain percentages of drugs in the driver’s body, as noted in Code of Virginia §18.2-266
The law in Fairfax County states that a driver in the area consents to a post-arrest blood test just by operating a vehicle in the area.
Penalties for DUI
For a first offense, the court may find the driver guilty of a Class 1 misdemeanor and order a minimum fine of $250, as stated in Code of Virginia §18.2-270. There are enhanced punishments for drivers with 0.15 and up to 0.20 blood alcohol content, which includes at least five days in jail. If the driver’s blood alcohol content was more than 0.20, the court must send that person to prison for at least ten days.
For a second offense, committed less than five years after a first conviction, the court must order the driver to pay a fine of at least $500 and go to jail for one month and up to one year. Individuals facing these harsh penalties should reach out to a DUI lawyer in Fairfax County as soon as possible.
Underage DUI
If a person is under the legal drinking age of 21 and has a blood alcohol content of at least 0.02, the police may arrest that driver for driving under the influence, as described in Code of Virginia §18.2-266.1.
For a first offense, the court may find the driver guilty of a Class 1 misdemeanor, suspend the driver’s license for up to one year and order the person to pay a fine of at $500 and do at least 50 hours of community service.
Refusing a DUI Test
Once the police have arrested a person for driving while intoxicated, if the driver refuses to submit to an alcohol test, the court may suspend the driver’s license for one year, which is in Code of Virginia §18.2-268.3.
If the driver had violated any DUI-related law in the past ten years, the current refusal of a blood alcohol test might result in a Class 1 misdemeanor on top of the suspension of driving privileges for one year. For more information about refusing DUI tests and license suspensions, contact a knowledgeable lawyer.
Get in Touch with a Fairfax County DUI Attorney Today
No one plans for the police to accuse them of driving under the influence, but you have options if this does happen. Reach out to an aggressive Fairfax County DUI lawyer who may be able to help you navigate the complicated process ahead. Let an attorney explain to you any defenses you may have, which may lessen or even avoid some of the possible adverse outcomes related to a driving while intoxicated charge. Do not give up hope, but instead take your future into your own hands and fight to protect your rights and your freedom.
