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DUI / DWI

Knowledgeable DUI/DWI Criminal Defense Attorneys Serving Northern Virginia

Although Lawyer Up Virginia handles all criminal and traffic matters, we have a focus in DUI and DWI defense throughout northern Virginia. Some of the jurisdictions include DUI in Fairfax, DUI in Arlington County, DUI in Alexandria, DUI in Prince William County, and DUI in Loudoun County. Our DUI lawyers are standing by ready to discuss your DUI case free of charge: 703-542-3616. Criminal lawyers for DUI and DWI defense in Fairfax, Arlington, Loudoun and Prince William counties and Alexandria. The Commonwealth of Virginia is known for having some of the strictest DWI and DUI laws in the country. If you have been charged with DUI, DWI, or Refusal in northern Virginia, you are likely facing severe penalties. The severity of these penalties varies, but increases for those who have higher BAC levels and for repeat offenders. Robinson Law, PLLC, has represented DUI and DWI clients throughout northern Virginia, and has proven results with former clients.

Is DUI / DWI A Misdemeanor Or Felony Offense In Virginia?

A first-offense DUI and second-offense DUI in Virginia are both categorized as misdemeanors. A third-offense DUI and any subsequent DUI charges are felonies.

What Are The Penalties For A Virginia DUI?

The penalties for a Virginia DUI conviction depend heavily on whether the defendant has any prior DUI convictions and the blood alcohol content (BAC) of the defendant. Each DUI case our criminal lawyers take on has its own set of facts – no DUI case can be compared to another DUI case. Whether you were charged with DUI in Fairfax or DUI in Manassas, our criminal lawyers have the experience and knowledge to build the most favorable defense for your case.

What’s The Difference Between DWI And DUI In Virginia?

DWI refers to Driving While Intoxicated, in violation of VA Code §18.2-266. DUI refers to Driving Under the Influence (of drugs or alcohol), also in violation of VA Code §18.2-266. Although Virginia recognizes these terms interchangeably, a slight difference exists in the statute. The difference between DWI and DUI is identified in subsection (i) in the above statute, where the defendant’s blood alcohol content (BAC) is .08% or higher. This is “DWI” and there are two possible tests the Commonwealth of Virginia may use to determine your BAC: Breath Test or Blood Sample Test. DUI, on the other hand, is the charge given when the defendant takes neither a breath test nor a blood test. DUI is obtained when an individual has consumed enough alcohol (or drugs) to the point of “…observably affect[ing] his manner, disposition, speech, muscular movement, general appearance or behavior” (VA Code §4.1-100). In sum, a DWI charge has a scientific component (i.e. the result of your breath or blood test). DUI is the charge given to an individual who appears to be under the influence of alcohol or drugs, but refuses to submit to the chemical testing of his or her breath/blood.

Should I Fight My Drunk Driving Charges Or Just Plead Guilty?

Fighting a DUI charge is often worth it. Pleading guilty immediately can mean missed opportunities to fight for your future. Having a DUI on your record can make life more difficult. It can come up on background checks, limiting potential job opportunities. You can also temporarily or permanently lose your driver’s license, making transportation more difficult. DUIs can also be expensive. For first-time DUI offenses in Virginia, you may have to pay anywhere from $250.

Breath Test And Blood Sample: Implied Consent Law

By driving on Virginia’s highways, you have legally consented to the chemical testing of your breath or blood to establish your blood alcohol content (BAC). This is outlined in Virginia’s Implied Consent Law (section A of VA Code §18.2-268.2). Because a driver’s license is a privilege rather than a right, the state of Virginia has the power to mandate any rule pertaining to it. You do not have the option of choosing which test you would like to have administered. If you are unable to submit to a breath test, you will likely be offered the opportunity to provide a blood sample. If you refuse to submit to either test, you receive a separate, civil violation charge known as “Refusal” in addition to your DUI. The operating vehicle must be on a highway and the breath or blood test must be given within three hours of the time of arrest. Note “highway” in this statute refers to a very broad understanding of the term. Understand the definition of “highway” here.

DWI, First Offense In Virginia

The Commonwealth of Virginia classifies a first DWI offense as a Class 1 misdemeanor. If convicted, you may face some or all the following penalties:

Seven-day administrative license suspension (license reinstated seven days after your arrest date)
Court fines ranging from $250 to $2,500
One-year license suspension (possibly eligible for a restricted license)
Possible jail time (mandatory five-day minimum IF driving with a minor in the car)
Possible Alcohol Safety Action Program (ASAP)
Ignition interlock device
Criminal record
Any court-ordered restitution

DWI, Second Offense In Virginia

The Commonwealth of Virginia classifies a second DWI offense as a Class 1 misdemeanor. If convicted, you may face some or all of the following penalties:

Sixty-day administrative license suspension (license reinstated 60 days after your arrest date)
Court fines ranging from $500 to $2,500
Indefinite license revocation (possibly eligible for a restricted license)
If within less than five years of the first offense, a mandatory one to 12-month jail sentence
If within 10 years of the first offense, a mandatory minimum of 10-day jail sentence
Possible Alcohol Safety Action Program (ASAP)
Ignition interlock device
Criminal record
Any court-ordered restitution

DWI, Third Offense In Virginia

The Commonwealth of Virginia classifies a third DWI offense as a Class 6 felony. If convicted, you may face some or all the following penalties:

Administrative license suspension until your trial date
Felony charge (vehicle is subject to seizure and forfeiture)
$1000 minimum fine
Indefinite license revocation
If within five years of second offense, minimum six-month jail sentence
If within 10 years of second offense, minimum three-month jail sentence
Alcohol Safety Action Program (ASAP)
Ignition interlock device
Criminal record
Any court-ordered restitution

DWI, Fourth Offense In Virginia

The Commonwealth of Virginia classifies a fourth DWI offense as a Class 6 felony. If convicted, you may face some of all of the following penalties:

Administrative license suspension until your trial date
Felony charge (vehicle is subject to seizure and forfeiture)
$1000 minimum fine
Indefinite license revocation
Minimum 12-month jail sentence
Possible Alcohol Safety Action Program (ASAP)
Ignition interlock device
Criminal record
Any court-ordered restitution

Elevated Blood Alcohol Content (BAC) In A Virginia DUI

In addition to the penalties listed above, if your BAC is .15% or higher, you may be facing the following penalties: BAC of .15% to .19%:

1st offense: additional mandatory, minimum five-day jail sentence
2nd offense: (if within 10 years of 1st offense) mandatory, minimum additional 10-day jail sentence

BAC of .20% or higher:

1st offense: additional mandatory, minimum 10-day jail sentence
2nd offense: (if within 10 years of 1st offense) mandatory, minimum additional 20-day jail sentence plus $500 fine

Criminal Lawyer for DWI Under the Age of 21: “Baby DUI” in Virginia

The Commonwealth of Virginia has a strict zero-tolerance policy for underage drinking and driving. You will receive the same harsh punishments as those who are charged at 21 or older. If you are younger than 21 years and your BAC is between .02%-.07% at the time of arrest, you can be charged with DUI. When an underage driver’s BAC is above a .07%, the standard DUI/DWI rules apply.

Up to 12 months in jail
Court fines of up to $2,500
Mandatory minimum $500 fine OR minimum 50 hours of community service
Twelve-month license suspension (possibly eligible for a restricted license)
Possible Alcohol Safety Action Program (ASAP)
Possible ignition interlock device
Criminal record (Class 1 misdemeanor)
Any court-ordered restitution

Refusing The Breath Or Blood Test In A Virginia DUI

As stated above, Virginia drivers automatically consent to have their BAC tested in the event of DUI or DWI arrest. If you refuse to submit to either test, you will be charged with the civil violation of Refusal as outlined in Virginia Code 18.2-268.3. Refusal, 1st Offense in Virginia:

One-year license suspension (NOT eligible for a restricted license)
Noncriminal violation

Refusal, 2nd Offense within 10 Years:

Maximum court fine of $1,000
Maximum six-month jail sentence
Three-year license suspension (NOT eligible for a restricted license)
Criminal violation (Class 2 misdemeanor)

Refusal, 3rd Offense within 10 Years:

Maximum court fine of $2,500
Maximum one-year jail sentence
Three-year license suspension (NOT eligible for a restricted license)
Criminal violation (Class 1 misdemeanor)

Fight Your DUI Charge With Help From Robinson Law, PLLC

Your DUI charge may leave you feeling scared. However, it doesn’t have to. Set up a free consultation with our office today by calling 703-542-3616 or completing our contact form. Our lawyers can review the details of your case and create a tailored defense strategy that addresses your concerns and helps you seek your desired outcomes.