Virginia law is very clear on when someone can be charged with driving under the influence in Chantilly. If your blood alcohol concentration is .08 or higher or if you are impaired by drugs or alcohol, you can face criminal prosecution.
The job of a Chantilly DUI lawyer is to help you fight that prosecution to try to avoid a conviction or to enter a plea deal so your penalties are reduced.
Call and schedule a consultation with a defense attorney in Chantilly today if you are facing driving under the influence charges.
After a DUI arrest, a decision must be made on how to plead. Your attorney will help you make the choice on whether pleading guilty or not guilty will likely result in the best outcome for your case. There are many different things to consider when deciding on how to plead, including the evidence against you, whether the Constitution was followed in obtaining that evidence, and your tolerance for risk.
A Chantilly DUI attorney can help you to make a careful evaluation and informed decision so you can decide how best to proceed.
Whatever your choice, your attorney can work hard to help you get the best outcome possible. This means putting together arguments to present to a jury, arguing for illegally-obtained evidence to be suppressed, or negotiating with the prosecutor on your behalf to arrange a plea deal.
An understanding of Virginia law is important when responding to charges, and a Chantilly DUI lawyer has the experience, especially on the nuances of DUI charges in Chantilly, you need to advocate for you and advise you during the DUI criminal process.
Virginia Code Section 18.2-266 establishes the rule that a defendant with a blood alcohol concentration of .08 or higher is too impaired to drive. This does not mean that you will always be convicted if you test with a high BAC. You can argue there was a problem with the testing procedure, that the evidence was not properly handled, or that law enforcement officers should not have even tested your BAC in the first place because there was no probable cause.
Mistakes are made with breathalyzers and even with blood tests and lab tests, so do not assume you will be found guilty of a crime just because you have paperwork showing you were presumed impaired.
If you are found guilty of a DUI, the penalties will vary based on whether you have any prior convictions or not. A first offense can result in a mandatory $250 fine (and possibly up to a $2,500 fine) and a driver’s license suspension for 12 months, with more serious penalties for a BAC of 0.15. A BAC above this level can result in a mandatory minimum five day jail term. A BAC of more than 0.21 carries a 10-day mandatory jail term.
Repeat offenses mean more jail time, higher fines and costs, and a longer period in which driving is prohibited. For example, a second offense can lead to a three-year license suspension and a third offense can lead to an indefinite suspension. Negotiating a plea deal or pleading to lesser charges may be an option to reduce the consequences that could result from a guilty verdict.
After a person is arrested for a DUI, they can receive medical attention if there are any apparent injuries if they were involved in an accident, if they request medical attention, and if they are too intoxicated to function, and if the officers are concerned about their health issues.
A police officer determines if somebody needs medical attention based on their training and experience. Usually, law enforcement officers err on the side of providing medical attention and calling an ambulance, however, they make the determination of whether or not to provide it.
A person can also refuse medical attention if they wish. A person probably should not refuse medical attention if they know that they are not injured and they are intoxicated.
If a person should have received medical attention and did not, it is important for a Chantilly DUI attorney to know because sometimes it can make a difference in the defense of an individual’s case. If there is some injury that was not treated or another cause or symptoms that were exhibited when interacting with the arresting officer, when videotaped, or when otherwise answering questions, it can play a very important role in supporting an individual’s DUI defense.
When someone did not receive medical attention, a defense attorney might be able to use that as a defense in situations where the person is exhibiting symptoms that are explainable by some type of medical issue or the person is able to attribute some of the factors that the officer initially took for a DUI related symptoms to the person’s medical issue.
It is important that somebody charged with a DUI who did receive medical attention to contact a Chantilly DUI lawyer because often receiving medical attention can be the basis for certain defenses and will provide more information for an attorney to look at when providing advice for a comprehensive DUI defense.
DUI is serious and you need to respond proactively and aggressively if someone is accusing you of breaking the law.
Call a Chantilly DUI lawyer to face the threat to your future head-on and be released on bond as soon as possible.
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