Dumfries DUI Lawyer
After an arrest for driving under the influence, a Dumfries DUI lawyer can help try to protect your license, stay out of jail, and avoid a criminal conviction. A DUI arrest can lead to an automatic license suspension, as well as a criminal trial. You need to act quickly to ensure you don’t lose your right to drive and to begin putting together a defense to DUI charges. An attorney in Dumfries can help.
How a Dumfries DUI Attorney Can Help You
Under Virginia Code Section 46.2-391.2, defendants who either refuse a blood alcohol concentration (BAC) test or who test too high can have their license suspended automatically. This automatic administrative suspension occurs even if there is no criminal conviction and even before a trial. A Dumfries DUI lawyer can help you fight it so you don’t lose the ability to drive legally.
A prosecutor can also charge you with driving under the influence, which means going to court. Your attorney can:
- Advise you as you determine how to plead to DUI charges.
- Advise you of potential defenses to DUI Charges that may apply in your situation.
- Review the details of your traffic stop and subsequent BAC test to determine if the Fourth Amendment was violated. Illegally obtained evidence cannot be presented by a prosecutor in court, so an attorney can petition the court to suppress evidence if a search violated the Constitution.
- Review the procedures used to handle the evidence and perform BAC testing. If proper protocols were not filed, the evidence may not provide convincing proof of guilt.
- Explore all options to introduce reasonable doubt, which can mean no conviction in a system where a prosecutor must prove the case against you.
DUI Cases can be complicated. An experienced attorney can advise you at every step of your case so you’ll have solid legal advice before making any decisions on handling serious criminal charges.
Driving Under the Influence Laws in Dumfries
Virginia’s DUI statute is found in Code Section 18.2-266. The law prohibits driving under the influence of alcohol or drugs. A defendant may be charged if he has a blood alcohol concentration of .08 or higher, and a BAC at this level creates the presumption the driver was impaired. A defendant can also be charged with any combination of drugs and alcohol that affect driving abilities.
Penalties for conviction vary based on whether a defendant has a past criminal record. A first offense is a Class 1 misdemeanor. With a BAC below .15, penalties include a $250 fine and a one-year suspension of a Virginia driver’s license. With a BAC of .15 or above for a first offense, there is a mandatory minimum jail sentence of five days. A BAC of .21 or higher means a mandatory minimum of 10 days in jail. The length of jail terms and the period of license suspension gets longer with past convictions for DUI.
Getting Help from a Dumfries DUI Lawyer
A DUI arrest is frightening, but it does not have to result in a criminal conviction, nor does it have to affect your ability to drive. Get help from a Dumfries DUI lawyer to try to fight charges or minimize consequences associated with impaired driving allegations. Call today to learn more.