Under state law, a driver is guilty of DUI if their blood alcohol content (BAC) is higher than 0.08% while operating a motor vehicle or watercraft. A driver may also be found guilty of a DUI for being under the influence of drugs while driving.
Whether or not you’re found guilty in court, a DUI charge can be extremely costly. If found guilty of a DUI, you could face fines and costs totaling thousands of dollars, risk losing your license, and end up in jail. 
If you’ve been charged with DUI, it is essential to work with a local, experienced Fairfax criminal defense lawyer to ensure that your rights and livelihood are protected. Attorneys from Select Law Partners PLLC have helped many clients facing DUI charges achieve the best possible outcome in their case. Call (855) 541-4867 to schedule your case evaluation.
In Fairfax, police officers may pull over a driver for any valid reason, discover during the traffic stop that they suspect the driver is intoxicated, and then begin their investigation for a DUI.
After providing an explanation for the traffic stop, the police will ask the driver some questions. Generally, one of the first questions will be whether or not the driver has been drinking or using drugs. While asking questions, the officer will be looking for other signs of intoxication, such as:
Persons with physical handicaps may fail the walk-and-turn and appear intoxicated simply due to their disability.
The one-leg stand is another FST, which requires a person to stand on one leg for a period of time.
Completing this test requires that both legs function well enough to provide the balance, physical coordination, muscle power, and endurance to stand on one leg for however long the officer requires it.
Sober individuals, including the officer conducting the FSTs, might find it difficult to stand on one leg for any amount of time.
The horizontal gaze nystagmus is considered to be the most accurate field sobriety test, and involves the officer shining a light and requiring that you follow the light with only your eyes.
Police must follow specific steps for this test to be considered in court, and the attorneys at Select Law Partners PLLC are sometimes able to prove that these steps aren’t properly followed.
Even when law enforcement officers find that you have failed one or more FST, your attorney may be able to successfully challenge the result of the test or tests.
If you refuse a breath or blood test, the state requires that the court suspend your license for a period of one year. Losing your ability to drive for an entire year can have far-reaching and costly complications in many areas of your life.
Working with an experienced attorney who understands how to scrutinize the evidence against you helps ensure that the Commonwealth is not pushing forward on a DUI charge that they don’t have sufficient evidence to prove. An effective DUI lawyer can challenge the charges against you, potentially leading to getting them being dropped or dismissed altogether.
The first offense for DUI with drugs is a Class 1 misdemeanor, which can be punished by up to 1 year in jail, a fine up to $2,500, and a license suspension for 1 year. DUI with drugs offenders who have a prior DUI conviction may encounter increased penalties as with second DUIs.
If you’ve been charged with DUI, it is essential to work with a local, experienced Fairfax criminal defense lawyer to ensure that your rights and livelihood are protected. Attorneys from Select Law Partners PLLC have helped many clients facing DUI charges achieve the best possible outcome in their case. Call (855) 541-4867 to schedule your case evaluation.
What to say when you’re arrested for DUI
If you’ve been arrested for a DUI, the most effective thing to say, outside of stating that you would like to invoke your right to a lawyer, is nothing. You’ve likely heard the phrase, “you have the right to remain silent. Anything that you say may be used against you in court,” and that is all true. Simply stating that you would like to speak with a lawyer as soon as possible, then refusing to answer anything further, is the best way to protect yourself. Connect with an experienced DUI lawyer as soon as possible – it’s vital to your case.The traffic stop
When a driver is pulled over by the police when a DUI is suspected, police officers are required to follow a specific order of actions. When the traffic stop is initiated, that order officially begins. The officer begins by explaining to the driver why they were pulled over and why the driver’s actions were against the law. An officer will note that they observed the driver engaging in an activity that could indicate intoxication. Examples of this include driving in the wrong lane, weaving through traffic, breaking the speed limit, or violating other traffic laws.
In Fairfax, police officers may pull over a driver for any valid reason, discover during the traffic stop that they suspect the driver is intoxicated, and then begin their investigation for a DUI.
After providing an explanation for the traffic stop, the police will ask the driver some questions. Generally, one of the first questions will be whether or not the driver has been drinking or using drugs. While asking questions, the officer will be looking for other signs of intoxication, such as:
- Bloodshot eyes
- Nystagmus (or the involuntary, rapid, and repetitive movement of the eyes)
- Slurred speech
- Smell of alcohol
- Visible liquor or wine bottles, beer cans, etc.
Field sobriety tests
Fairfax police officers are expected to complete field sobriety tests (“FSTs”) on individuals who are under suspicion of a DUI so that they can collect further evidence in support of their investigation. The three field sobriety tests you are most likely to encounter are:- Walk-and-turn
- Horizontal gaze nystagmus
- One-leg stand
Persons with physical handicaps may fail the walk-and-turn and appear intoxicated simply due to their disability.
The one-leg stand is another FST, which requires a person to stand on one leg for a period of time.
Completing this test requires that both legs function well enough to provide the balance, physical coordination, muscle power, and endurance to stand on one leg for however long the officer requires it.
Sober individuals, including the officer conducting the FSTs, might find it difficult to stand on one leg for any amount of time.
The horizontal gaze nystagmus is considered to be the most accurate field sobriety test, and involves the officer shining a light and requiring that you follow the light with only your eyes.
Police must follow specific steps for this test to be considered in court, and the attorneys at Select Law Partners PLLC are sometimes able to prove that these steps aren’t properly followed.
Even when law enforcement officers find that you have failed one or more FST, your attorney may be able to successfully challenge the result of the test or tests.
You could face consequences for refusing a chemical test
Different types of chemical tests that officers can use to determine whether or not a driver is actually intoxicated include tests of breath, blood, or urine. The breathalyzer test, which is used to measure the amount of alcohol present in the breath of the driver, is the chemical test you’re most likely to encounter. Under Virginia Code Section 18.2-266, when the blood alcohol content (BAC) of a driver is determined to be 0.08% or higher through a breath test, the driver will be arrested. If the officer determines that the individual is intoxicated due to drugs or other intoxicating substances that cannot be measured through a breath test, the driver may also be arrested. While refusing a chemical test is within your rights, the state has established stringent penalties when a chemical test is unreasonably refused. This is because when you get a driver’s license in Virginia, you provide consent to a breath or blood test upon arrest for a DUI.
If you refuse a breath or blood test, the state requires that the court suspend your license for a period of one year. Losing your ability to drive for an entire year can have far-reaching and costly complications in many areas of your life.
Types of DUI and corresponding penalties
All DUI convictions in Fairfax are to be taken seriously, as they can lead to the suspension of your license, fines, and even jail time. The severity of the potential punishments highlight the importance of hiring an experienced DUI attorney. Your DUI attorney advocates for your best interests and ensures that you aren’t held accountable for charges that the Commonwealth cannot prove.First offense DUI
The penalties for a 1st DUI include:- A maximum fine of $2,500
- A maximum jail term of 1 year
- A minimum fine of $250
- If your BAC was over .15 but under .20, at least 5 days in jail
- If your BAC is over 0.20%, at least 10 days in jail
- A 7-day administrative license suspension
- A 12-month license suspension through the court
- Required installation of an Ignition Interlock device
- Required attendance at Virginia Alcohol Safety Action Program ( “VASAP” or “ASAP”) classes
Second DUI in 10 years
When a second DUI was received within 5-10 years of the first, the driver may face:- A maximum fine of $2,500, a mandatory minimum of $500
- A jail sentence of 1 month to 1 year, with at least 10 days mandatory in jail
- An additional 10 days in jail for BACs over 0.15%
- 20 additional days in jail for a BAC over 0.20%
- Restricted license eligibility after 4 months
- An ignition interlock will be required between 6 months to 3 years
- A 3-year license suspension by the DMV
Second DUI in 5 years
If you received a second DUI within 5 years of the first, you may face:- A maximum fine of $2,500, with a minimum fine of $500
- A minimum loss of your freedom for 20 days in jail
- 10 additional days in jail if your BAC was over 0.15%
- 20 additional days in jail for BACs over 0.20%
- You are eligible for a restricted license after 1 year
- An ignition interlock is required for a minimum of 6 months
DUI with bodily injury
When a DUI involves injuries, the circumstances are much more serious and the consequences that result can be even more substantial and impactful on your life. If you cause a fatality while driving under the influence of drugs or alcohol, your DUI charge could also include involuntary manslaughter or a charge of aggravated vehicular manslaughter. The penalties associated with these charges include the loss of your right to vote, the forfeiture of your vehicle, and up to 20 years in prison. You will also have a felony charge that will stay on your record and will be impossible to hide from potential employers and others in the future.DUI with controlled substances
When a driver is found to be impaired and a chemical test verifies the presence of drugs present in their system, they can be charged with a DUI. A DUI of drugs can include driving under the influence of prescription pills, marijuana, cocaine, and even over-the-counter medications.
Working with an experienced attorney who understands how to scrutinize the evidence against you helps ensure that the Commonwealth is not pushing forward on a DUI charge that they don’t have sufficient evidence to prove. An effective DUI lawyer can challenge the charges against you, potentially leading to getting them being dropped or dismissed altogether.
The first offense for DUI with drugs is a Class 1 misdemeanor, which can be punished by up to 1 year in jail, a fine up to $2,500, and a license suspension for 1 year. DUI with drugs offenders who have a prior DUI conviction may encounter increased penalties as with second DUIs.
