Virginia’s DUI/DWI laws are without question some of the strictest and most complicated in the country. If you were arrested for driving under the influence of alcohol or drugs, you are potentially facing a jail sentence, a court trial, an automatic license suspension, hundreds or thousands of dollars in fines, mandatory installation of an ignition interlock device in your vehicle, required attendance in an alcohol safety program, a permanent criminal record, and other penalties and court sanctions. Prince William DUI / DWI Attorney Faraji Rosenthall represents defendants accused of drunk driving and offers a free case review.
In Virginia, driving while intoxicated, driving under the influence of alcohol, driving under the influence of drugs and driving while impaired are all illegal as proscribed in the Code of Virginia, Sections 18.2-266-273. Both “DUI” and “DWI” are commonly used to refer to drunk and/or drugged driving.
DUI / DWI Penalties in Virginia
Penalties vary according to each case. The following will affect your case:
- Whether it is your first, second, third or subsequent drunk driving offense. Penalties escalate with each offense.
- The proximity in time between a prior DUI conviction and a present arrest and potential conviction
- BAC level – the higher the blood alcohol content level, the more severe the penalty
- Whether you submitted to testing for alcohol or drugs. A refusal to submit will generally result in greater penalties, such as a 12 month license suspension. Virginia has an implied consent law that requires drivers to submit to a chemical test if lawfully arrested on suspicion of driving under the influence.
Challenging DUI / DWI
There are numerous legal challenges that may be employed to challenge a DUI/DWI charge. If the arresting officer did not have probable cause to believe that you were actually intoxicated, this may be challenged. If you were given field sobriety tests and the officer incorrectly administered the test or incorrectly assessed your performance, the premise of the arrest may be challenged. If the breath-testing machine was without certification, in disrepair, improperly calibrated or otherwise defective, the results may be tainted, providing potential grounds for a challenge. Attorney Rosenthall will look at all relevant information that can bolster your case and potentially result in a not-guilty verdict, dismissal, reduction of charges, or other favorable outcome.
The Law Office of Faraji Rosenthall
Attorney Faraji Rosenthall is a former Assistant Commonwealth Attorney, or Prosecutor, and was responsible for thousands of DUI/DWI cases and criminal misdemeanors and felonies. As a former prosecutor he has an intimate understanding of how cases are prosecuted, as well as how they are most effectively challenged. He will utilize his years of experience in his defense of your case. Attorney Rosenthall offers a complimentary case review for you to ask questions, obtain real answers, and review your potential options. To schedule your appointment, contact The Law Office of Faraji Rosenthall at 703-934-0101.