Arlington Criminal Defense & DUI Lawyer

Criminal charges are broad in scope. While felony convictions can result in lengthy prison sentences, even misdemeanors carry consequences that can seriously impact your future. If you are questioned regarding your involvement in a criminal matter, you may politely assert your right to remain silent until you seek qualified counsel. Any statements you make–even proclaiming your innocence–can be used to incriminate you. An attorney keeps your best interests in mind when helping you cooperate with the investigation while maintaining your rights.

If you have been arrested and charged with a crime in Arlington, Virginia, you may be confused and frightened. Facing criminal charges can lead to overwhelming anxiety about the consequences of a conviction. An Arlington criminal defense and DUI lawyer could fight vigorously in your defense and work tirelessly to get you the best possible outcome for your trial. En Español.

Finding a Knowledgeable DUI Attorney in Arlington County

If you have been charged with driving under the influence, you are probably feeling lost, scared, confused, and frustrated. You may also think that you have no other alternative but to plead guilty and accept whatever punishment the judge deems proper. But this is simply not true – you have rights and options. A knowledgeable attorney can help you assert them. A well-practiced Arlington DUI lawyer will strive to defend those rights.

Our attorneys know the ins and outs of DUI law in Virginia and know how to help you put on a case that maximizes your chances of success. This knowledge comes from experience in the courtroom, from local relationships forged with judges and prosecutors, and it comes through years of studying case law and statutes. All of this knowledge and experience will be used in order to help you and your case. They will inform you of potential penalties for a driving under the influence conviction and work to build a sound defense against those charges.

• Traffic stops
• Laws
• How Cases are Handled
• Penalties
• Field Sobriety Tests
• What Happens to Your Vehicle
• Appeals
• Courts

DUI First-Offense Penalties

A person facing charges of intoxicated driving for the first time can expect one or more of the following penalties. While Virginia’s DUI penalties may seem steep—and they are—the assistance of a qualified Arlington criminal defense attorney can work to make sure your punishment is as lenient as possible given the circumstances of your first offense and the details of your arrest.

• Fines: A minimum fine of $250, plus court costs. A person can also be charged for the costs of police and emergency personnel (ambulance, fire truck), if they are necessary, totaling up to $2,500
• Jail Time: Up to 12 months in jail. For a DUI with a BAC of between 0.08% and 0.15%, sentencing will be up to the judge. A BAC between 0.15% and 0.20% requires a mandatory five days in jail. A BAC level of 0.20% or higher will result in ten days in jail
• License: A first offender will have his or her drivers’ license suspended for at least 12 months, but a judge may grant a restricted license during that period
• Ignition Interlock: If you get arrested for a DUI with a BAC level of .15% or higher, you will have to get an ignition interlock device installed on your car for as long as is decided by the court. An ignition interlock may also be required as a condition of a restricted license
• Chemical Test Refusal: If you refuse a chemical drug test in the wake of your DUI arrest, your license will be automatically revoked for a year. In these cases, a restricted license cannot be granted

Facing a DUI Charge

Nobody intends to get a DUI. But the fact of the matter is that every year, thousands of people are charged with the crime of driving after having had too much to drink. If you are facing a first, second, your third DUI offense, or even a felony DUI charge, the potential consequences can be overwhelming. But you do not have to face these charges on your own. An Arlington DUI lawyer can assist you as you address these criminal charges.

They will walk you through the process and inform you on what you should expect from the prosecution of a DUI case. Contact us today to schedule a free case analysis.

The Benefits of Legal Counsel

One of the most confusing things about going to court is the paperwork and the bureaucracy. For someone facing criminal charges for the first time, they may not know what to expect and that the burden of proof lies with the prosecution. As a result, they can easily become overwhelmed by the large and intimidating legal system—the piles of paperwork and the confusing terminology.

At the offices of Karin Riley Porter Attorney at Law, our criminal defense and DUI lawyers know which papers to file and with whom, thus eliminating the chances of your case being delayed on account of improper filings and common mistakes. In doing this, our legal professionals might be able to save you money in court fees, as well as massive amounts of time.

Besides possessing knowledge of the law and experience practicing it, our attorneys are compassionate and understanding people who genuinely want to help you to the fullest extent possible. Our lawyers know that being charged with a legal infraction can be a source of embarrassment, shame, and stress.

That is why your attorney can go over every part of your case with you in detail and work hard to get you a lenient outcome, regardless of if you were charged with an alcohol or drug-related DUI, or another criminal offense. A charge is not always the end of the world.

DUI Defense Strategies

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious charges that can have significant repercussions, including fines, license suspension, and even jail time. However, being charged with a DUI does not automatically mean conviction. Experienced Arlington criminal defense and DUI lawyers employ various defense strategies to challenge the charges. Here, we delve into some common tactics used to defend against these charges.

1. Questioning the Legality of the Traffic Stop

One of the first lines of defense in a DUI case is to examine the legality of the traffic stop. Law enforcement officers must have reasonable suspicion to initiate a traffic stop. If the defense can prove that the officer lacked reasonable suspicion, any evidence obtained during the stop may be deemed inadmissible in court. This includes results from field sobriety and Breathalyzer tests.

2. Challenging Field Sobriety Tests

Field sobriety tests (FSTs) are commonly used by officers to determine whether a driver is impaired. These tests include the Horizontal Gaze Nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. These tests can be highly subjective and influenced by factors such as the driver’s physical condition, fatigue, or even road conditions. Defense attorneys often challenge the administration and interpretation of these tests, arguing that they do not provide reliable evidence of intoxication.

3. Contesting Breathalyzer Accuracy

Breathalyzer tests are widely used to measure blood alcohol content (BAC). However, these devices are not infallible. Factors such as improper calibration, maintenance issues, the presence of certain chemicals, or medical conditions can lead to inaccurate readings. Defense attorneys may request maintenance logs and calibration records of the Breathalyzer device to uncover any irregularities that could invalidate the test results.

4. Medical Conditions and Medications

Certain medical conditions, such as acid reflux or diabetes, can produce symptoms or chemical reactions that mimic intoxication. For instance, diabetic ketoacidosis can result in a false positive on a Breathalyzer test. An effective defense may involve presenting medical evidence to explain the symptoms or test results that led to the DUI arrest.

5. Rising Blood Alcohol Defense

The rising blood alcohol defense argues that the driver’s BAC was below the legal limit while driving but increased to an illegal level by the time the Breathalyzer test was administered. This defense is based on the premise that alcohol takes time to be absorbed into the bloodstream, and the BAC at the time of testing may not accurately reflect the BAC at the time of driving.

6. Violations of Protocol

Law enforcement officers are required to follow specific protocols during DUI stops and arrests. Any deviations from these procedures can be grounds for a defense. This includes the proper administration of Miranda rights, the timing of BAC tests, and the handling of evidence. If any procedural errors are identified, the defense can argue that the evidence obtained should be excluded from the trial.

Other Defense Strategies

Improper Training or Certification of the Officer

If the officer conducting the DUI stop or administering the Breathalyzer test was not properly trained or certified, the defense can argue that the evidence collected is unreliable. Officers must undergo specific training to conduct field sobriety tests and operate Breathalyzer equipment. Any lapses in this training can be used to challenge the evidence.

Improper Handling of Blood Tests

Blood tests are sometimes used to determine BAC, especially in cases where a breathalyzer is not available or appropriate. The handling and analysis of blood samples must follow strict procedures to ensure accuracy. Any deviation from these procedures, such as improper storage or contamination, can be grounds for challenging the test results.

Eyewitness Testimony

In some cases, eyewitnesses can provide testimony that contradicts the officer’s account of the events leading to the DUI arrest. This can include statements from passengers, bystanders, or other drivers who observed the incident. Eyewitness testimony can be a powerful tool in challenging the prosecution’s case.

Video Evidence

Many police vehicles are equipped with dashboard cameras, and some officers wear body cameras. Video evidence can be reviewed to determine whether the officer’s account of the traffic stop and subsequent arrest matches what actually occurred. Discrepancies between the officer’s report and the video footage can be used to challenge the validity of the arrest and any evidence obtained.

By employing these and other defense strategies, an experienced Arlington criminal defense and DUI lawyer can help protect the rights of individuals facing DUI charges and work towards the best possible outcome for their case.

Understanding the Arlington Judicial System

If you are charged with a crime, your case will most likely be heard at the Arlington General District Court, located at 1425 North Courthouse Road in Arlington, Virginia.

Arlington County is one of the most populated areas in the Commonwealth of Virginia, and its proximity to the District of Columbia ensures that there are a steady stream of people coming in and out every single day.

That means that the criminal defense attorneys who represent clients in Arlington are among the busiest in the Commonwealth. They represent clients against the charges listed above, and dozens more.

If you are facing a criminal charge and you are not sure whether or not you need an attorney, or if our office even offers the services you are looking for, we recommend that you set up a free consultation with one of our attorneys to ask any questions you might have. We can help you understand how our office might be able to help you, as well as the specific charge you are facing and the penalties that it could carry.

Do not take your charge lightly. If the Commonwealth has managed to produce a charge against you, that means that they are serious about prosecuting it and could pursue a maximum allowable sentence for your offense. If you are facing a charge, and the potential impact that penalties could bring with a conviction, you owe it to yourself to pursue the best possible chance at a positive result.

Reach out to a Skilled Arlington County Criminal Defense & DUI Attorney for Assistance

An Arlington criminal defense & DUI attorney will work tirelessly on your behalf, making sure that your best interests are looked out for and your rights are protected—all while working towards a positive result. We have the experience that has proven successful, and while no two cases are alike (because they changed drastically based on unique circumstances), that experience gives our attorneys a strong foundation to handle your defense.

Arlington is unique among the counties because of the relationship it has with its towns. Technically, it is comprised of separate neighborhoods and are not allowed to incorporate any towns. While the neighborhoods are commonly referred to by name only—as if they were a unique town or city—they do not have their own government and all fall under the umbrella of Arlington. This means that if you are charged with a crime in any of its neighborhoods, you will be charged and prosecuted in the Arlington Court system.

Our attorneys have experience throughout Arlington, so if you have been accused of a crime, or if you have been formally charged in – Ballston, Crystal City, Rosslyn, Westover, Clarendon, Lyon Village, Shirlington, Wiliamsburg Circle, Courthouse, Pentagon City, Virginia Square or Palisades – contact us today to schedule a free consultation.