ALL YOU NEED TO KNOW ABOUT DUI CRIMES AND DEFENSES
Driving under Influence (DUI) charges are quite common in Arlington VA. In Arlington VA, DUI can be charged either as a felony or misdemeanor depending on the facts and circumstances of the case. The Commonwealth of Virginia has the severest Driving under Influence laws and penalties in the US. This makes it crucial to engage reputed and experienced DUI lawyers in Arlington, VA. If you want clarity on charges and convictions, contact the best DUI lawyers Arlington VA at The Law Offices of SRIS, P.C.
ELEMENTS OF DUI CRIME IN VA
There are four elements to the Driving under Influence offense in Arlington, VA, which are best explained by the lawyers with extensive training and experience.
THE FOUR ELEMENTS FOR A DUI IN VA ARE:
- Driving with blood alcohol content on or above the prescribed legal limit of .08 as stated by Virginia law;
- If the person is physical and mentally impaired;
- If the person is driving under the influence of drugs; or
- Prescribed drugs of a higher quantity that impairs the ability to safely operate a motor vehicle.
Notwithstanding the different charges imposed, the DUI lawyers in Arlington VA associated with The Law Offices of SRIS, P.C. can defend your case efficiently.
According to Virginia Code § 46.2-391.2, the convicted will lose the driving license following the arrest. If you are facing this situation, contact the best DUI lawyers in Arlington VA straightaway.
THE LICENSE SUSPENSION PERIOD COULD BE:
- Suspension of license for seven days after the first offense;
- Suspension of license for sixty days or till the date of trial whichever is earlier after an alleged second offense within 10 years;
- Suspension of license till trial date or alleged third offense
In case, the accused does not possess a driver’s license issued by the state of Virginia and is a resident of another state, then he/she forfeits the privileges to drive in the state of Virginia for the period mentioned above. The suspension comes into effect immediately and the license is confiscated. Act fast and hire experienced lawyers in Arlington, VA to revoke the suspension. Once the suspension period elapses, the accused can collect the license from the office of Clerk of the Court as per (§46.2-391.2(a)). For more on the rules, get in touch with DUI lawyers in Arlington VA. With several details involved in each case, it is best explained by the proficient lawyers in Arlington, VA at The Law Offices of SRIS, P.C.
HOW IS A DRIVING UNDER THE INFLUENCE CHARGE INITIATED?
An officer can stop any vehicle anywhere and anytime if there is a probable cause. The officer can also stop the vehicle based on driving or complaints or a tip-off. If you feel your rights were violated, talk to some of our best DUI lawyers at The Law Offices of SRIS, P.C. in Arlington, VA. Generally, you can be charged if you have a Blood Alcohol Content (BAC) level of .08 or more. But in Virginia, a BAC lower than .08 can lead to DUI charges and conviction. Call DUI lawyers in Arlington VA and discuss your defense if you are charged and convicted and the best option in this scenario would be calling The Law Offices of SRIS, P.C.
Here, the lawyer prosecuting has to prove beyond doubt that you are guilty. But the focus shifts to the accused and hiring specialized DUI lawyers in Arlington VA associated with The Law Offices of SRIS, P.C. to defend can help come out of serious repercussions.
- If the BAC is over .08, you will be summoned by the Arlington court. If you have evidence to prove otherwise, engage a DUI lawyer in Arlington VA to fight your case.
- If the BAC is between .05 and .08, the prosecutor has to prove that the accused was drunk while driving. DUI lawyers in Arlington, VA can find ways to strengthen your case.
- If the BAC is .05 and less, the court will presume that you are not driving under the influence of intoxication and it is up to the prosecution to prove otherwise. For this, you will need the assistance of DUI lawyers Arlington, VA.
Virginia Driving Under Influence laws can be confusing and unfair at times and an intervention by a reputed law firm like the Law Offices of SRIS, P.C. with well-qualified lawyers, can protect your rights. The DUI lawyers in Arlington VA here are experienced and specialized in handling the defense.
REFUSAL TO TAKE THE BAC TEST
A person detained on Driving under Influence or underage DUI charges is liable for breath or blood analysis or both to check the alcohol content. In Arlington VA, there is a special charge called Conviction of Refusal and lawyers can throw light on this. On refusing to take a BAC test, your driver’s license is suspended automatically for one year under Virginia Code 18.2-263.3. If convicted, you may be disqualified for a restricted driver’s license for one year. DUI lawyers in Arlington VA work a way out in such cases.
WHAT IS A RESTRICTED LICENSE AND IS THE ACCUSED ELIGIBLE FOR IT?
If your driver’s license is suspended, you may be granted a restricted license. With the restricted license, you can drive only to certain places like to and fro workplace, medical appointments, picking up and dropping kids at school, or essential trips. In the Virginia Code 18.2.271.1, you can find the stipulated waiting period to get a restricted license. For more info on a restricted license, contact DUI lawyers in Arlington VA.
A DUI LAWYER’S ASSISTANCE IN VA WITH APPEALS AGAINST LICENSE SUSPENSION
On suspension of driver’s license post charges, the accused may file a petition to revoke the suspension. To succeed in the case, the DUI lawyers in Arlington VA have to prove a preponderance of evidence stating there are no grounds for the charge. On these findings, the court shall rescind the suspension. Similarly, a person facing a suspension of more than seven days, in conformity with §46.2-391.2, has the right to file a petition in the court to curtail the suspension period upon evidence preponderance that there is no subsequent charge. If the case is proven, the period for suspension may be reduced. The finer details in such issues are taken care of by the lawyers in Arlington VA.
The prosecution in Virginia triggers the rebuttable presumption to prove a charge. Want to know more about rebuttable presumption? Contact the best DUI lawyers in Arlington, VA at The Law Offices of SRIS, P.C. Generally, the prosecution opts for scientific tests like breathalyzer or blood test to check the alcohol content in the blood and anything above the prescribed level of .08 is enough to frame the charges. This presumption is enough for a jury or judge to charge the defendant for the offense. Now it is up to the accused to disprove the evidence. This could be a tough fight but chances are not nil. So act now, call DUI lawyers in Arlington, VA and get protection from severe penalties. The best DUI lawyers in Arlington VA at The Law Offices of SRIS, P.C. can defend by indicating problems of calibration in the breathalyzer.
DUI LAWYERS IN ARLINGTON, VA HELP IN REDUCING DRIVING UNDER INFLUENCE CHARGE TO RECKLESS DRIVING
As far as Driving under the Influence case is concerned, the accused cannot completely beat the case and walk out free. The law in Arlington VA is very strict when it comes to this offense. But many DUI lawyers in Arlington, VA try to get a reduced conviction. You can get charges reduced to reckless driving by adding penalties like license suspension and the Virginia Alcohol Safety Action Program (VASAP). Talk to your DUI lawyers in Arlington, VA for more on reducing the charges.
CAN A VIDEO HELP IN THE DEFENSE OF A DUI IN ARLINGTON, VA?
The judges may believe the law enforcement officer when there is no video evidence. If there is a video, inform your lawyers in Arlington, VA immediately, as it can help to prove the charges are not as severe as claimed by the prosecution. There may be a mistaken testimony and it can help in the case. The best DUI lawyer in Arlington, VA at The Law Offices of SRIS, P.C. can find a way out in reducing your charges and penalties.
DRIVING UNDER INFLUENCE PENALTIES
1. First DUI or §18.2-270(A): The first offense is charged as Class I Misdemeanor and is punishable:
- BAC less than 0.15: Maximum 1-year jail term and fine up to $2,500 with a minimum mandatory fine of $250, suspension of driver’s license for 1 year with restricted privileges, and an ignition interlock for minimum 6 months.
- BAC 0.15 to 0.20: Same as above with a mandatory active jail term of 5 days minimum.
- BAC 0.20 or more: Same as above with minimum mandatory active jail for 10 days.
DUI lawyers in Arlington, VA can explain the penalties and possible defense.
2. Second DUI within 5 years or §18.2-270(B): The second offense within five years is charged as Class1 Misdemeanor and the guilty is punishable:
- BAC below 0.15: Mandatory minimum jail sentence of 30 days of which 10 may be suspended and a maximum of 1-year jail term. A maximum fine of $2,500 and a mandatory minimum fine of $500 with the suspension of driver’s license or privileges to drive in Arlington VA for 3 years. Ignition interlock device to be installed for six months to three years for restricted driving.
- BAC between 0.15 and 0.20: Same as above with additional jail term of 10 days to be minimum and mandatory.
- BAC 0.20 and more: Same as above with additional mandatory minimum jail term of 20 days. Engage the best DUI lawyers in Arlington, VA at The Law Offices of SRIS, P.C. to settle for minimum penalties.
DUI lawyers in Arlington, VA can help reduce your penalties.
3. Second DUI within 10 years or §18.2-270(B): A second offense between 5 to 10 years shall be guilty under Class 1 Misdemeanor and is punishable:
- Mandatory minimum jail sentence of 30 days of which 20 days may be suspended and a maximum of 1 year in jail. Want a suspended jail term? Contact DUI lawyers in Arlington, VA at once. A maximum fine of $2,500 and a mandatory minimum fine of $500 with the suspension of driver’s license or restrictions to drive in Arlington VA for 3 years. Ignition interlock device to be installed for six months to three years for restricted driving. To understand your legal rights better, contact DUI lawyers in Arlington, VA.
- BAC between 0.15 and 0.20: Same as above with additional jail term of 10 days to be minimum and mandatory. The best DUI lawyer in Arlington, VA can ensure minimum jail sentence and fine.
- BAC 0.20 and more: Same as above with additional mandatory minimum jail term of 20 days. With DUI lawyers in Arlington, VA by your side you can settle for minimum penalties.
Therefore, the best DUI lawyers in Arlington, VA at The Law Offices of SRIS, P.C. is your one-stop solution for working towards minimum sentencing.
4. Third DUI within 5 years or §18.2-270(C):
For the third offense within 5 years, you shall be guilty of Class 6 Felony and can face 1 to 5 years jail in the State Penitentiary, 6 months minimum incarceration, maximum 12 months local jail, fines up to $2,500 and a mandatory minimum fine of $1,000, and suspension of driving license indefinitely. The accused with the help of DUI lawyers in Arlington VA can file a petition for restricted driving privileges after completion of 3 years and full privileges after 5 years. The vehicle can be seized by the state.
Despite the severity of the punishment, DUI lawyers in Arlington, VA can put their best foot forward for reduced punishment.
5. Third DUI within 10 years or §18.2-270(C):
For the third offense within 10 years, you shall be guilty of Class 6 felony with a maximum 12-month local jail sentence or 5 years in State Penitentiary, 3 months mandatory minimum term of incarceration, a maximum fine of $2,500, mandatory minimum fine of $1,000 and indefinite suspension of driver’s license or driving privileges in Arlington VA. DUI lawyers in Arlington, VA can build your defense for a reduced term. A petition can be moved in the court by DUI lawyers in Arlington, VA for restricted driving privileges after 3 years and full privileges after 5 years. The vehicle can be seized by the state.
Though, there is no way out of the punishment, DUI lawyers in Arlington, VA work in close coordination with the client for an amicable solution with the state.
6. Fourth DUI offense or §18.2-270(C)(2):
For the fourth offense within 10 years, you shall be guilty of Class 6 felony with 5 years in State Penitentiary or maximum 1 years in the local jail, 3 months mandatory minimum term of incarceration, a maximum fine of $2,500 and a minimum mandatory fine of $1,000 and indefinite suspension of driver’s license. The defendant’s lawyers in Arlington, VA can petition the court for restricted driving privileges after 3 years and full privileges after 5 years. The vehicle can be seized by the state and a probationary status for 3 years has to be maintained by the defendant.
If you are looking for the best DUI lawyers in Arlington, VA, to defend your case, The Law Offices of SRIS, P.C. is the right choice.
7. Driving under Influence while transporting a minor or §18.2-270(D):
The charges while transporting a minor are punishable by an additional 5 days mandatory minimum jail and an additional fine of $500 to $1,000. In such cases, hiring the top DUI lawyer in Arlington, VA could be your trump card. Therefore, engage the best DUI lawyers in Arlington, VA at The Law Offices of SRIS, P.C. to settle for minimum penalties.
WHY DUI LAWYERS IN ARLINGTON VA ARE ESSENTIAL IN DEALING WITH UNDERAGE DUI?
Driving Under the Influence of alcohol or drugs is considered to be a felony or misdemeanor depending on the repeat offense, and if the accused is found to be underage, severe penalties are bound to be inflicted like jail imprisonment for one year, fine payments, confiscation of license and suspension for a fixed period and several hours of community services. The accused can also be enrolled in programs related to safety when under the influence of alcohol. When these charges are slapped, it is advisable to contact the best DUI lawyers Arlington VA.
WHY YOU NEED THE BEST DUI LAWYERS IN ARLINGTON VA?
- The best DUI lawyers in Arlington VA can help underage convicts to serve alternate punishments like community services, rehabilitation programs, seizure of license, etc. instead of jail imprisonments. However, if the consequences of the crime are severe, the final decision will be made by the judge after looking into the facts related to the case thoroughly.
- Once when charges against a person are proved at the court, there can be restrictions on the driving license. The best DUI lawyers in Arlington VA are capable of clarifying their client’s queries concerning the limitations on travel. License restrictions can also include ignition locks irrespective of the age of the accused.
- This crime is treated the same as any other offense in the Arlington Court. The convicts will have to live with the criminal record throughout their lives. It becomes even more difficult when the convicts are seeking a job as their criminal record will be a major drawback. The DUI lawyers in Arlington VA will not just provide legal assistance but will help acquaint clients in handling the case and its aftermath.
- The crimes can have bad influences on the convict’s future. Placements in good schools, colleges, and workplaces may become difficult. Therefore, if the child is accused of these crimes, it is the responsibility of the parent to contact and seek the guidance of experienced DUI lawyers in Arlington VA as they help process the case with minimal penalties.
- The best DUI lawyers in Arlington VA are well-known for their efficient services and success rates throughout the state.
- DUI lawyers in Arlington VA render best defenses at the time of trial and navigate their clients smoothly throughout the court proceedings.
- The best DUI lawyers in Arlington VA will elaborate on the penalties the accused is likely to face once proven guilty.
- All possible shortcomings of the case will be explained beforehand and the best DUI lawyers in Arlington VA will prepare the juvenile to face any situation at the court instead of just giving false hopes.
The best DUI lawyers in Arlington VA at The Law Offices of SRIS, P.C. will be an integral component of the cases and handle it effectively and assist in achieving the desired results at an affordable fee. The lawyers here are resourceful and can make you aware of your rights while following up with the investigation and work a defense strategy.
Don’t fight your DUI in Arlington, Virginia alone. Call 888-437-7747.
Driving Under Influence (DUI) charges in Arlington, VA, can lead to severe penalties. The Law Offices of SRIS, P.C. provides experienced DUI lawyers in Arlington to defend your case. DUI offenses involve driving with a BAC above the legal limit, impairment from drugs, or prescribed drugs affecting driving ability. License suspension periods vary, and refusal to take a BAC test results in automatic suspension. Our DUI lawyers can help with license appeals and reduced charges. Penalties range from fines to jail time, depending on the offense. Underage DUI carries additional penalties. We protect your rights and work towards minimum sentencing.
DUI Lawyers Arlington VA | DUI Lawyers Arlington VA Laws Penalties
Having a knowledgeable and experienced attorney on your side is essential if you have recently been accused of driving under the influence in Arlington. A DUI conviction can have serious repercussions, such as expensive fines, license suspension, and jail time. Because of this, you require a devoted group of DUI attorneys in Arlington who will stand up for your rights and work relentlessly to get the best result for your case. The Law Offices of SRIS.P.C. is experienced in defending people accused of DUI, and we are familiar with the Virginia DUI statutes’ intricacies.
Why should I hire an Arlington DUI attorney?
- There are many benefits to hiring an Arlington DUI attorney who focuses on DUI defense. An experienced DUI lawyer can handle the complexities of your case and, most importantly, is familiar with the nuances of Virginia’s DUI laws.
- They can assess the evidence against you, spot any procedural blunders, and develop a strong defense plan. Additionally, DUI attorneys have developed relationships with judges and prosecutors and have a solid understanding of the local court system.
- This information and network can be beneficial when negotiating plea deals, lowering the severity of the accusations, or even having your case dropped.
- Additionally, a DUI attorney will guarantee that your rights are upheld throughout the court proceedings and will offer direction.
What can The Law Offices of SRIS.P.C. do for me in my DUI case?
The Law Offices of SRIS.P.C. are committed to providing quality legal assistance to Arlington residents facing DUI accusations. Our team comprises highly trained DUI attorneys who have successfully defended many clients accused of DUI. We recognize the severe consequences of a DUI conviction and are devoted to vigorously battling for your rights and interests.
Our knowledgeable lawyers will thoroughly investigate your case, assess the facts, and design a robust defense plan tailored to your circumstances. We will vigorously contest the prosecution’s case and fight relentlessly to secure the most decisive possible result for your case. You may be confident that The Law Offices of SRIS.P.C. is on your side. You’ll get experienced advice, loyal support, and first-rate legal representation.
What should I do if I’m arrested for DUI in Arlington?
If you are arrested for a DUI in Arlington, you must move quickly and seek legal assistance. Make statements to law enforcement officers once your attorney is present. Be courteous and cooperative, but do not reveal any information that could lead to your arrest. Remember to keep track of any information about the arrest, such as apparent infringement of your rights or unlawful police behavior, as they may be used in your defense.
How can an Arlington DUI attorney support me with my case?
A DUI attorney in Arlington can help you in a variety of ways. They will extensively examine the evidence against you, including breathalyzer or blood test results, field sobriety test findings, and police records, to discover any faults or discrepancies. They can argue the accuracy of the tests or the legality of the first traffic stop.