Fairfax, VA DUI Defense Attorneys

Skilled Lawyers for People Accused of Drunk Driving in Fairfax

Virginia takes drunk driving offenses seriously, and suspected offenders may be exposed to serious criminal charges in court. Depending on the circumstances behind the arrest, driving under the influence (DUI) can be charged as a misdemeanor or felony. With that in mind, seeking out strong counsel is critical. A Fairfax DUI defense lawyer can help you navigate these charges and pursue an ideal outcome on your behalf.

At Salvado Law Offices, our attorneys have experience addressing allegations of drunk driving. We can work with you soon after your arrest to start discussing your options, considering all of your options to protect your record and avoid losing your driving privileges.

Defining DUI in Virginia

In Virginia, driving under the influence (DUI) occurs when an individual operates a motor vehicle while impaired by alcohol, drugs, or a combination of both. The state's per se blood alcohol concentration (BAC) limit is 0.08 percent for most drivers, 0.02 percent for those under 21, and 0.04 percent for commercial drivers.

Penalties for a first offense can include up to one year in jail, a fine of up to $2,500, driver's license suspension of up to one year, and mandatory participation in an alcohol safety action program. Subsequent convictions carry increasingly severe consequences, including longer license suspensions, mandatory jail time, and installation of an ignition interlock device. Beyond statutory penalties, a DUI conviction can hurt your driving record and expose you to increased insurance rates, difficulties with employment or housing applications, and social stigma.

Aggravating Circumstances in a Virginia DUI

While any DUI carries risks, certain factors can elevate charges and intensify penalties. Aggravating circumstances may transform a standard misdemeanor DUI into a more serious offense or subject the driver to mandatory minimum sentences. Key aggravating factors include:

• Driving with a minor passenger
• Causing an accident that results in bodily injury or death
• Having a BAC of 0.15 percent or higher
• Driving with a suspended or revoked license

When one or more of these conditions apply, Virginia law often mandates minimum jail terms or enhanced fines. For example, driving with a minor aboard carries a minimum five-day jail commitment, and a high BAC can trigger at least five days behind bars. A DUI resulting in an accident can bring felony charges if serious injury or fatality occurs, potentially leading to a years-long prison sentence. Identifying whether and how these factors apply is crucial to crafting an effective defense strategy.

The Importance of Reasonable Suspicion in Fairfax DUI Stops

Every lawful traffic stop in Virginia must be supported by reasonable suspicion, with specific, articulable facts suggesting criminal activity. In Fairfax County, officers must observe behavior such as swerving, speeding, running a red light, or other traffic violations before initiating a stop. If an officer lacks reasonable suspicion, any evidence gathered afterward, including field sobriety tests or chemical test results, could be suppressed. Challenging reasonable suspicion often involves dissecting dashcam footage, police reports, and witness statements to show that the initial stop was unjustified.

A successful motion to suppress can weaken the prosecution's case or lead to entire charges being dismissed. In Fairfax DUI cases, early collaboration with an experienced defense attorney to scrutinize stop procedures, question officer testimony, and pursue evidentiary motions can make a major difference in your case.

At Salvado Law Offices, we provide strong defense against DUI charges, working to safeguard your driving privileges and protect your future.