Reston DUI Lawyer

Reston VA DUI Lawyers—Win Your DWI-DUI Case

Reston VA DUI Lawyer: Are you facing DUI allegations in Virginia? You have all the rights to be concerned because the penalties for such allegations are pretty harsh.

Besides, DUI allegations might attract other charges.

Additional Charges that DUI Allegations Attracts in Virginia

In Virginia, the DUI allegation doesn’t come alone. It commonly comes along with criminal offenses like:

  1. Reckless driving
  2. A variety of miscellaneous moving violations
  3. Endangerment of a child.

And these allegations are grave in Virginia. In fact, the state does not offer any diversion program that may allow a defendant to escape criminal guilt in a plea bargain.

To stand a fighting chance to defend your rights, you might need a professional DUI attorney. How will an attorney help?

How A DUI Attorney Will Help

  • S/he will separate facts from myths of a DUI case
  • Walk you through each step of the case from posting a bond to appealing a conviction
  • Fight for a fair bail term during an arraignment
  • Discover all relevant evidence concerning the arrest
  • Make motions to exclude illegal evidence
  • Presenting a defense at trial that create a reasonable doubt concerning the prosecutor’s case

The Core DUI Statute in Virginia

The fundamental Commonwealth’s DUI law is the VA Code §18.2-266. It provides the officers and prosecutors an estimate of five options to charge a defendant with DUI. These options are:

  1. Driving while having a blood/ alcohol content of .08% or more
  2. Driving while under the influence of alcohol
  3. Driving while under the influence of any drug of any kind
  4. Driving while under the influence of any combination of drugs and alcohol
  5. Driving while having a blood/alcohol concentration above legal limits

As a result, a DUI charge may come about in two main ways:

  1. Basing on the scientific evidence. An officer takes a breath or blood test to find the blood/alcohol content
  2. Secondly, based on the officer’s opinion. An officer can arrest if he judges that a person’s driving ability is compromised due to the presence of drug or alcohol in their system

Arrest under either of these scenarios leads to identical charges for DUI in the court. But for the charge to hold, the vehicle must be on a highway in Virginia.

Under VA Code §46.2-100, highway includes any way or place held open to the use of vehicles in the Commonwealth.

What are the Criminal Penalties for a First DUI Conviction?

At the core, DUI is a Class 1 misdemeanor. The court can sentence a guilty defendant for up to a one-year jail term, fine the convict for up to $2500 but not less than $250, or both under VA Code §18.2-11.

This penalty only applies to people:

  1. Of legal drinking age
  2. Who endure the first conviction
  3. And DUI without aggravation factors

Sometimes, a court might bypass jail term and instead allow someone to install an alcohol monitoring device in their vehicle.

What are the Aggravating Factors of DUI Charge

  • Enhanced state of intoxication

When a blood test indicates an alcohol content range between .15% and .20%, the charge attracts an additional mandatory sentence of five days.

  • Presence of a Previous DUI conviction

VA Code §18.2-270 (2) states that a second DUI conviction within a period five to ten years after the first requires fining of not less than $500 and a minimum jail term of a month. The defendant must spend ten days of this sentence in jail.

  • A third conviction for DUI

A third DUI conviction is a Class 6 felony. It attracts a mandatory minimum jail sentence of 90 days when committed within ten years and 180 days when committed within five years. It also increases the mandatory fine to $1000.

Should you find a Virginia DUI Attorney to Help you

A DUI allegation can be traumatizing, especially when you are unclear as to why an officer arrested you. And suppose you’re in Reston, facing serious DUI charges, you’d like to consider a professional DUI attorney who’s familiar with courts throughout Northern Virginia.

And Jad Sarsour might be the right answer to your DUI need.

Schedule A Free Case Consultation