First Time DUI Charges in Chantilly
DUI charges are very serious in Chantilly, and the penalties can be equally severe, even if a person has no previous offenses on their criminal record. For this reason, it is imperative that a person facing first time DUI charges in Chantilly contact a Chantilly first offense DUI lawyer as soon as possible. An experienced DUI attorney in Chantilly can assist in building a defense and mitigating the damage of a first offense as much as possible. To learn more or begin building your defense, call and schedule a consultation today.
In Chantilly, first time DUI charges are typically heard in general district court in Fairfax County. Chantilly courts treat first time DUI charges very seriously. An individual is not going to receive lenient treatment just because they have no committed other offenses and is going to be looking at some type of jail time or some type of suspended jail time as the best case scenario.
Determining the Penalties
Some prosecutors may handle first time DUI charges differently, however, depending on the facts of a case, who the prosecutor is, and the individual’s criminal history a person could face a number of serious penalties. For example, if a person is a first-time offender and they do not have anything else on their record, sometimes something can be worked out differently than it would if the person already had something on their record or if the facts of the case were bad.
Penalties for a first time DUI in Chantilly ultimately vary depending on the person’s criminal background. The penalties that are sentenced are based on the facts of the case, such as whether or not there were any injuries and what the person’s blood alcohol level was.
It is also important to keep in mind that in Chantilly there are no diversionary, pre-trial, or probation programs offered.
A person’s driver’s license will be suspended for 12 months for a first offense DUI conviction, 3 years for a second offense, and indefinitely for a felony third offense. If a person is convicted, having their license suspended is statutory; however, they can ask or apply for some type of restricted license and it is up to the judge’s discretion whether to grant it.
If a person is not convicted of a DUI, then their license will not be suspended for the 12 month period. Upon an arrest for a DUI first offense, though, there is a seven-day administrative suspension.
Mistakes to Avoid
Some people may think they can take care of themselves or solve things on their own, but not hiring a Chantilly first offense DUI attorney when facing criminal charges, including first time DUI charges in Chantilly, is a big mistake. Without an attorney to help a person in their case, the court will come out with a much worst outcome and almost certainly the person will be found guilty.
Another mistake would be for somebody to talk with a police officer or with the prosecutor without an attorney present. Anything a person says to them can be used against them in court in the future.
Additionally, during a person’s initial interaction with the officer, before they are charged, the big mistakes that people make are admitting anything to the officer, agreeing to engage in a field sobriety tests, and agreeing to take the preliminary breath test.
Building a Defense
An attorney can build a defense for first time DUI charges in Chantilly by looking at the facts and attacking what they think are the weak points in the facts. They look at the interaction when the officer pulled over the vehicle and how the officer first came into contact with the vehicle. After that, they look at the interaction between the officer and the individual, the person’s performance on the field sobriety test, the person’s performance on the preliminary breath test, and the person’s observable behavior by the officer.