{"id":4759,"date":"2023-04-14T08:17:02","date_gmt":"2023-04-14T12:17:02","guid":{"rendered":"https:\/\/www.dualawfirm.com\/?page_id=4759"},"modified":"2023-05-02T15:23:25","modified_gmt":"2023-05-02T19:23:25","slug":"dui-dwi-lawyer-in-fairfax-virginia-2","status":"publish","type":"page","link":"https:\/\/www.dualawfirm.com\/dui-dwi-lawyer-in-fairfax-virginia-2\/","title":{"rendered":"DUI\/DWI Lawyer in Fairfax, Virginia"},"content":{"rendered":"\t\t
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DUI\/DWI Lawyer in Fairfax, Virginia<\/u><\/h1>

If you are charged with a DUI, you may be under the mistaken belief that you have no other option than to accept whatever the government puts on the table, along with paying a large fine, attending a driver training courses and living with the fact that you will now have a DUI on your record.\u00a0 This is not true.<\/p>

It is important to understand that you have certain legal rights that need to be respected and the government has the burden of proving guilt beyond a reasonable doubt. This is why it makes sense to retain the services of an experienced Fairfax DUI lawyer. There is a lot riding on the outcome of your DUI case. A conviction could result in your losing your job, losing your security clearance, or possibly prohibit you from finding new employment or housing. You\u2019ll also be forced to pay much higher automobile insurance premiums since the conviction will be on your driving record.<\/p>

What is Considered a DUI in Virginia?<\/strong><\/h3>

Driving Under the Influence (DUI\/DWI) is one of the most common criminal offenses in the Commonwealth of Virginia. The penalties associated with a conviction escalate dramatically with any subsequent violations. According to \u00a7 18.2-266 of the Code of Virginia<\/a>, you can be charged with a DUI\/DWI if you are found to be operating a vehicle on a highway with a blood alcohol content at or above .08 percent. In addition, according to \u00a7 18.2-270 of the Code of Virginia<\/a>, a first DUI conviction means a mandatory driver\u2019s license suspension, fines, and possible jail time, as well as a criminal record that could affect the rest of your life. If that was not bad enough, you will almost assuredly be looking at jail time if you have a second or subsequent DUI conviction.<\/p>

What is the Difference Between DUI and DWI?<\/strong><\/h3>

In Virginia, there is not much difference between Driving Under the Influence (DUI) and Driving While Intoxicated (DWI).\u00a0 The terms are used interchangeably when discussing drunk driving and the statute and the punishment are the same.<\/p>

However, the technical difference is that a DUI means that you were driving under the influence of alcohol or other intoxicant after having consumed enough of that substance to affect your manner, speech, muscular movement, disposition and general appearance.\u00a0 A DWI means that you were driving with a blood alcohol level higher than a 08.\u00a0 So, technically under Virginia law, you could be convicted of a DUI with an blood alcohol level of .06 or .07.<\/p>

A Heavily Punished Crime \u2013 That is Why you Need a Lawyer<\/strong><\/h3>

DUI\/DWI is one of the most heavily punished, first offense misdemeanors in Virginia.\u00a0 The mandatory minimum fine is $250, a 12-month license suspension, a Virginia Alcohol Safety Action Program (VASAP) requirement.\u00a0 Most courts also impose jail time (active and\/or suspended). \u00a0Those convicted with elevated BAC levels, or with prior convictions, face mandatory jail, longer license suspensions, and ignition interlock requirements.<\/p>

A Complicated Area With Many Potential Issues and Defenses<\/strong><\/h3>

Driving Under the Influence of Alcohol (\u201cDUI\u201d) cases are some of the most complex cases in criminal law.\u00a0 They involve the following:<\/p>