DUI Lawyer, Leesburg, Reston, Loudoun County Virginia DWI Attorney

Phone: 703.777.6106 | Fax: 703.777.0015 | E-Mail

(Q) What must the Commonwealth prove for conviction of DUI/DWI?

(A) DUI charges are brought pursuant to Va. Code §18.2-266. DUIs are classified as a Class 1 misdemeanor crime. The Commonwealth bears the burden to prove that the defendant (1) operated a vehicle while the defendant's blood alcohol content (BAC) was .08 or greater or, (2) operated a motor vehicle while impaired by alcohol or drugs.

(Q) What are the penalties for a DUI/DWI conviction?

(A) Effective legal representation is essential to protect your rights. Potential and mandatory penalties for a DUI are extensive and increase in severity with respect to repeat offenders, aggravating circumstances, and heightened blood alcohol content.

First Offense

Jail of up to 12 months authorized.
12 months loss of license-restricted license permitted in certain circumstances.
Court fine of $250-$2500 plus court costs.
If BAC was .15 or greater-mandatory jail of 5 days.
If BAC was more than .20-add 10 days of mandatory jail time.
If BAC was .15 or greater installation of ignition interlock device required as condition of restricted license.
Required probation and participation in ASAP as we'll as attendance at Victim Impact Panel.

Second Offense (w/in 5 years of First Offense)

Jail term of 1 to 12 months.
Mandatory jail term of 20 days. (10 days mandatory jail term if w/in 5-10 years of First Offense)
Loss of license for 3 years-restricted license permitted after 1 year and subject to requirements. (4 months if w/in 5-10 years of First Offense)
Court fine of $500-$2500 plus court costs.
If BAC was .15 or more-add 10 days of mandatory jail time.
If BAC .20 or more-add 20 days of mandatory jail time.· If BAC was .15 or greater installation of ignition interlock device required as condition of restricted license.
Required probation and participation in ASAP as we'll as attendance at Victim Impact Panel.

Third Offense (w/in 5 years of First/Second Offense)

Felony classification.
Jail of up to 5 years authorized.
Mandatory jail term of 180 days. (90 day mandatory jail term if 5-10 years from prior offense).
Loss of license for 5 years-restricted license not permitted.
Court fine of $1,000-$2500 plus court costs.
State may seize vehicle. (w/in 10 years of prior offense)
Persons convicted of 3 DUI offenses w/in 5 years refused bail if charged with any subsequent crime.

Fourth Offense (w/in 10 years)

Felony classification.
Jail of up to 5 years authorized.
Mandatory jail term of 12 months.
Loss of license for 3 years-restricted license not permitted.
Court fine of $1,000-$2500 plus court costs.
Vehicle seizure, and forfeiture of same, permitted.

Offense by Person under Age 21 (BAC of .02-less than .08)

Loss of license for one year.
Fine of $500 or 50 hours of community service plus court costs.

(Q) Other than penalties provided by law, what are the other consequences of a DUI/DWI conviction?

(A) Beyond limiting criminal exposure, the importance of effective legal representation includes the management of other potential consequences of conviction. In addition to criminal sanctions, a DUI conviction imposes harsh consequences including the following:

A 2004 study concluded that a DUI conviction costs up to $20,000 over the life of a convicted defendant in the form of increased insurance premiums and other fees. DMV will also assess points to your record (-6) for a DUI conviction. A DUI conviction will result in the suspension or revocation of driving privileges, and mandated participation in an alcohol education program. Many employers will refuse to hire someone who has been convicted of a DUI or will terminate existing employment. And, a conviction of DUI can lead to the loss of a federal government security clearance.

(Q) What will your office do to defend me?

(A) At the Law Office of William R.F. Conners, P.C., we will:

Engage in an extensive consultation with you to review your arrest.
Examine every aspect of your arrest for defects in process.
Analyze the constitutional aspects of your stop.
Analyze all relevant legal documents to ensure compliance with the law.
Secure your breath/blood test results from the Commonwealth’s forensics laboratory and ensure that the test is properly provided as required by law.
Ensure that the breath/blood test was properly administered (technically and legally).
Secure evidence in the Commonwealth’s possession which is against you.
Review and analyze whether the law enforcement officer properly tested you.
Determine the defenses available to you.
Determine opportunities for dismissal of the charge.
Discuss your legal rights and options with you.
Prepare your case for trial.
Negotiate on your behalf with the Commonwealth to minimize penalties.
Aggressively and diligently fight for you at trial. Please note that the aforementioned merely recites some elements of our defense.

(Q) Why is it important to be represented by an attorney?

(A) A DUI charge is a serious, criminal matter that can have far reaching effects on many aspects of life, work and family. The Commonwealth has almost unlimited resources which they will use against you. Only an attorney skilled in DUI legal procedure, trial strategy, and DUI, constitutional, and criminal law can level the playing field to fight for and protect your rights. Such an attorney has the knowledge necessary to win a dismissal of the charge or limit your exposure to sanctions. The high stakes nature of a DUI charge demands effective, aggressive, and skilled legal representation.

(Q) What legal fees are involved?

(A) In DUI/DWI matters, the Law Office of William R.F. Conners, P.C., charges for legal services by flat fee. Visa/MasterCard accepted.

Contact the Law Office of William R. F. Conners, P.C. for assistance with your, family law, criminal defense, personal injury claim, contract dispute or other legal matter. We would be honored to assist and serve you.

Free consultations offered by appointment ● Credit cards accepted