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Falls Church DUI Lawyer

If you have been accused of driving while intoxicated or under the influence of drugs you can be charged with DUI under  Virginia Code Section 18.2-266.  Allegations can even apply to operating a watercraft under the influence [Virginia Code  29.1-738].

For this reason, the need for a Falls Church DUI lawyer is even more crucial, considering the penalties and standards for DUI have undergone revisions that pose even greater dangers to suspects who are convicted if, for example:

  • The suspect’s blood alcohol content (BAC) is as low as 0.02 (prior to the changes it was 0.08)
  • They are “under the influence of alcohol” to the point of impairment, in the opinion of the arresting officer, sometimes in spite of their BAC
  • The suspect is under the influence of any drug, again, in the opinion of the arresting officer
  • The operator is under the influence of a combination of drugs and alcohol

If you have been accused of DUI, consult with a criminal attorney in Falls Church as soon as possible, so they may begin investigating the circumstances of your arrest and start building a defense.

Virginia DUI Laws

The new DUI laws modified how driving under the influence charges are applied to minors (under 21), now according to Virginia Code 18.2-266.1, underage penalties include a fine of $500, a one year driver’s license suspension, and 50 hours of community service.  And if the BAC is 0.08, adult-type penalties may apply.

The suspect’s drivers’ license is immediately suspended upon being charged.  If they wish to drive leading up to their court appearance, the Virginia Department of Motor Vehicles (VDMV) must be petitioned for a restricted license. Their success can depend on the circumstances of the arrest and previous DUI convictions all of which will be taken into account by a Falls Church DUI lawyer.

If convicted, their insurance rates take a sharp jump and it’s possible that coverage could be cancelled if this is not a first offense. The statutes also require that an ignition interlock device (IID) be installed on the convicted driver’s vehicle once they are allowed to drive again.

Getting Pulled Over For DUI

If you are pulled over or arrested by law enforcement probable cause for both the stop and the arrest must be shown. This means that if an officer has no good reason to pull you over in the first place a Falls Church DUI lawyer may be able to use these factors in your defense.

Once you go to the police station, a formal blood chemical test is administered, usually with a breathalyzer, but sometimes your blood will be drawn instead.  The penalty for refusal of this test is the loss of your privilege to drive in Virginia for a year [VA Code  18.2-268.3].  Then, if convicted, the driver is  prohibited from applying to the DMV for a restricted license, making it even more important that a DUI lawyer in Virginia is contacted..

Even though BAC tests are strong evidence, Falls Church DUI lawyers have successfully had them thrown out on many points, such as procedural errors in conducting the test, improper maintenance of the chain of custody of evidence, and administrative errors.

Contacting a DUI Lawyer in Falls Church

If you have been pulled over and suspected of driving under the influence, it is important you consult with a Falls Church DUI lawyer as soon as possible. An experienced attorney will be able to look at the various aspects associated with your stop and build the strongest possible defense for your case. Call today and schedule a free consultation to find out what a DUi attorney in Falls Church can do for you.

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