On its own, being charged – and potentially convicted – for a DUI or DWI is a nightmare scenario for everyone. But an administrative license suspension (ALS) worsens that situation – it withholds driving privileges immediately upon a DUI/DWI arrest. For this and other reasons, you need the best DUI/DWI attorney in Fairfax, VA, to fight on your behalf.
Even if you’re facing difficult charges, you still have rights. So, seek legal representation from an experienced DUI/DWI attorney at Dua Law Firm and exercise those rights. Our legal team can help you to build a case and preserve your driving record. Staffed by a collection of seasoned trial lawyers, Dua Law fights and defends clients’ interests. Our range of practice areas has given us ample experience and helped us build valuable relationships in Fairfax’s legal community.
Below, we describe how an ALS works in Virginia as well as the benefits of Dua Law’s representation:
Defining an Administrative License Suspension
Virginia code section 46.2-391.2 defines an Administrative license suspension as the revocation of driving privileges following a DUI/DWI arrest. Specifically, this suspension occurs before your trial but is handled by the Court and the DMV. Thus, an ALS is not legally punitive since you may ultimately avoid a conviction.
Anyone who receives a .08 on a breathalyzer test or refuses to take one can expect an ALS with a DUI/DWI arrest. Furthermore, the suspension period lengthens for repeated violations. First-time DUI/DWI offenders receive a 7-day ALS period. Second-time offenders receive either 60 days or the period until their trial date – whichever comes first. Third-time (or serial) offenders lose their license until their trial, no matter how long it takes to arrive.
How Do I Get My License Back After a DUI/DWI Arrest?
If you are arrested for a DUI/DWI charge, the arresting officer will serve you a notice of suspension, informing you that your privilege to driving in the Commonwealth of Virginia has been suspended. The arresting officer will then take possession of your driver’s license. After the expiration of the suspension period, the clerk of the court will return the license to you.
You may elect to retrieve the license in person from the clerk’s office or have it mailed to you.
Can I Get My License Back Before the Suspension Period Expires?
Yes. You may petition the court to review the suspension. The court can rescind the petition if you are able to show that the arresting officer did not have probable cause for the arrest.
How Dua Law Firm Can Help
If you receive a DUI/DWI charge, you should have an expert to fight on your behalf. A Dua Law attorney can challenge the case against you by examining several avenues of defense. They can delve into constitutional, evidential, and interpretive questions to protect your legal rights.
Even if you cannot avoid a DUI charge entirely, an experienced lawyer can negotiate terms on your behalf. They can challenge an ALS and, potentially, restore your license before the standard suspension period ends. These benefits make a DUI/DWI attorney an asset to your legal position and your future.
Get a Top DUI/DWI Attorney in Fairfax, VA, at Dua Law Firm
As a whole and in its details, a DUI/DWI charge frightens virtually everyone. If you face such a situation – no matter the circumstances – reach out to Dua Law Firm for accomplished legal representation. Our professional DUI/DWI attorney team offers the best defense and support throughout Fairfax, VA. We can explore your legal rights and protections to find the best path forward in your case. Call us today at (703) 382-7300 or fill out our online form.