Best Fairfax DUI Lawyer Aggressive & Experienced - Ervin Kibria Law

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Contact Ervin Kibria Today:

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Washington, DC:

1627 I ST, NW
Suite 600 #509
Washington, DC 20006
Direct: (202) 689-4439
Fax: (866) 709-5280

Virginia:

1775 Tysons Blvd.
5th Floor
Tysons, VA 22102
Direct: (703) 962-7790
Fax: (866) 709-5280

Ervin Kibria Law Reviews:

Ervin Kibria Law
5.0
Based on 180 reviews
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Sam Khan
Sam Khan
16:08 28 Feb 20
Outstanding experience with this attorney and his firm were exceptional. Really saved my family from a disaster. A really great DC attorney, super responsive and pleasant to deal with. Highly recommended!read more
Noman Jamshidy
Noman Jamshidy
15:11 25 Feb 20
Oh my god Mr. Kibria was amazing. I was so nervous about a ridiculous situation. From the start he told me he would keep me safe and take care of everything. He did exactly that but i did not expect how quickly he took care of things and all very professionally. I am so relieved and thankful. Outstanding DC lawyer who communicates exceptionally. I can’t recommend him and the firm enough!I really really appreciate your help Mr. Kibria.read more
N. Rice
N. Rice
20:18 21 Feb 20
Just got off the phone with Mr. Kibria. Definitely can tell he cares about getting fair results for his clients from the way he handles himself on the phone as well as in person. He doesn’t just spit out a price like other attorneys, he actually hears you out. Also his prices are at least 30% lower than any other quotes I’ve gotten in the city. I don’t know why you’d go anywhere else!read more
Ben Marsh
Ben Marsh
14:58 13 Feb 20
Wonderful DC defense lawyer. Got my case dismissed. His communication and professionalism is exceptional. Took care of me just like he said he would. Definitely call this firm if you need a top notch DC attorney! Also very fair with fees.read more
Alejandra Argueta
Alejandra Argueta
18:01 03 Feb 20
Mr. Kibria was truly amazing. I’ve never knew a lawyer would be so hands on with a case. He helped me through a serious and difficult time and helped protect me and my family. Not only was he always available when I needed him, no matter what, he also did so much to make sure I was safe. Hopefully I never need a lawyer again anywhere but if I do Mr. Kibria is the only lawyer I want. If they had more than 5 star I would give him more.read more
Antonio Smith
Antonio Smith
14:48 22 Jan 20
Mr. Kibria is an amazing attorney. I can’t say enough about. He truly saved me in a difficult period in my life where I was facing a lot of time behind bars. I am so glad I had him as an attorney. People should call him if they need a great attorney. He went above and beyond what was asked of him. He’s not just a amazing attorney but a wonderful person. Treated me and my family like we were his family.read more
Erin Escobar
Erin Escobar
15:25 19 Dec 19
Had a complicated case and decided to reach out to many lawyers, but then I got in contact with the best DC defense Lawyer – Mr. Kibria. My main concern was having a record on file that would prevent me from jobs. From the very beginning he made me feel comfortable as he was attentive and always available. I got a favorable outcome and could not be more satisfied with his work. He and his firm were amazing from beginning to end. He did exactly what he told me he would do from the start and always kept my anxiety at bay. Also the fees and rates at this firm were amazing given then lengths they go to to deliver the best representation in town. Mr. Kibria and his firm get my highest recommendation!read more
Yeshiwas Sewayehu
Yeshiwas Sewayehu
14:27 26 Nov 19
Outstanding DC defense lawyer. Can’t say enough. Got my case dismissed immediately. Also was always available when I needed him from minute one. Great rates too. Simply the best! Mr. Kibria and his firm are exceptional.read more
Adarsh Natwa
Adarsh Natwa
18:17 18 Nov 19
Mr. Kibria did an exceptional job representing me. I was in a wrong place, wrong time situation, and Mr. Kibria did his best in getting my case dismissed ASAP. He only ensured the best outcome for me, and I’m thankful for his services. On top of that he treated me like a family member and was ALWAYS available to me and my family members who had questions. ALWAYS AVAILABLE! Fantastic DC defense lawyer. Also outstanding rates. In short, I’d say the best in the business in DC!read more
Marcus Smith
Marcus Smith
16:31 15 Nov 19
Unmatched professionalism and service. Mr. Kibria was excellent. He got my cases dismissed and did it all while keeping my anxiety low. Not only did he dismiss all if my cases he was always available when I needed me and took care of me like I was family. Firm was also immensely fair with their rates/fees. Cant say enough about Mr. Kibrias representation of me. Outstanding DC defense lawyer! The only attorney in DC you should look to.read more
donna maurer
donna maurer
15:02 15 Nov 19
Mr. Kibria and his firm were amazing. We don’t know what we’d do if he didn’t answer the phone. Truly a god-send. No one else even picked up. Then in regards to handling me and my case. Mr. Kibria treated me like a family member. He went above and beyond the call of duty and got me through a very difficult situation. He delivered in excellent fashion. Can’t say enough about him and the firm. A great attorney. He has my highest recommendation!read more
Tiki Taka
Tiki Taka
15:14 28 Oct 19
Mr. Kibria and his firm were fantastic! Got my serious case dismissed. But above all its clear that the reviews and reputation are above and beyond everything i read before hiring him and the firm. He truly goes above and beyond the call of duty and he truly cares for the client. Also always available when needed and always answering all questions concerns and anxiety. The best. I urge everyone to retain this firm if they need a DC defense lawyer. Fees are also very fair given that he is top dc lawyer.read more
Clinton Leonard
Clinton Leonard
15:48 25 Oct 19
Amazing attorney and firm. Excellent DC defense attorney. Simply put he made my problems go away almost in a snap. Always available when i needed him and also extremely fair in regards to fees. This firm and Mr. Kibria are the go to if you need a top DC lawyer.read more
Tre Carlee
Tre Carlee
16:03 18 Oct 19
Mr. Kibria and his firm were superb. I can’t say enough. Amazing lawyer. Had a serious case but he got it dismissed immediately. I didn’t have to do a thing. He was always available whenever i needed to talk. Always kept me informed and calm and did everything he said he was going to do. Great dc defense attorney. The lawyer and the firm to hire if you need one in DC. Truly outstanding!read more
John Harrison
John Harrison
15:16 18 Oct 19
Mr. Kibria and his firm were amazing. I was charged unfairly for a wrong place wrong time deal. Mr. Kibria got my case dismissed immediately. I was so relieved. He was available to me at all times to answer all my questions and keep me calm. He did exactly what he said he would do. I am going to keep him as my lawyer for everything. Also very fair on fees. You should absolutely call Mr. Kibria if you are in trouble.-Attorney Nabeel Kibriaread more
Hyeon Jo
Hyeon Jo
13:59 17 Oct 19
Mr. Kibria and his firm were amazing! Had a serious case but Mr. Kibria got it dismissed immediately. He is a great DC defense attorney. Amazing client engagement and responsiveness. Available at all times of need and very fair with fees. Beyond pleased. Please call Mr. Kibria if you need a DC attorney!read more
Abdul Ab
Abdul Ab
14:09 10 Sep 19
Mr. Kibria and his firm were excellent. Got bogus case dismissed immediately. Excellent client engagement and communication. Extremely satisfied. Highly recommend. Great DC attorney.read more
Umair Ali
Umair Ali
18:13 05 Sep 19
Nabeel and his firm are as good as it gets. Nobody better if you’re in trouble in DC. Hands down the best Washington DC criminal and DUI lawyers around! Don’t waste your time or money with anyone else. Put your trust and life in these guys hands. They will absolutely take care of you and always have your best interests at heart.read more
William Matthews
William Matthews
14:30 30 Aug 19
Mr. Kibria and his firm were excellent. Got my case dismissed. Excellent attorney who was always available when needed and fought aggressively for me. Also very fair with fees. I highly recommend him and the firm. If you need a DC defense attorney make sure to call him.read more
Helton mejia
Helton mejia
17:37 28 Aug 19
I was really scare to start this process, being my first offense. I was expecting the worst based on my case but Mr. Kibria. fought for my case and got me a way lower outcome. Excellent DC defense attorney. Always available when I needed him. He is the guy to call in DC. Highest Recommendation!read more
정우영
정우영
14:00 27 Aug 19
Mr.Kibria and his firm were excellent. Adjusted court dates for me due to travel and got my case dismissed immediately. Communication and client service was unbelievable. Excellent attorney , excellent firm. Highest recommendation. Be sure to call them.read more
Franklin Osorio
Franklin Osorio
15:44 13 Aug 19
Mr. Kibria is an excellent DC defense attorney. Made a bad situation go away. He got my case dismissed. Also his care and communication are second to none. Always available when needed with answers to all questions. Also he and his firm were very fair and generous when it came to pricing. Mr. Kibria and his firm are the go to for sure in Washington DC. Highest recommendation.read more
Samantha W
Samantha W
14:51 07 Aug 19
Nabeel is an excellent attorney. He was always available for questions and kept me informed through every step of the process. I am co fife the that with any other lawyer, my situation would have been quite different. Mr. Kibria did everything in his power to help me and was personally invested in me. I am so grateful for his help.read more
Noe Martinez
Noe Martinez
16:30 06 Aug 19
Mr. Kibria was outstanding. Best Washington DC defense attorney hands down. Took a terrible situation and resolved it for me. He got my case dismissed. On top of everything his communication and responsiveness are exceptional. He was there at all times of need. Also very affordable for a top lawyer. I highly recommend him and his firm.read more
Justice Wayne
Justice Wayne
15:48 28 Jun 19
Very professional and handle my case very well. Fight very hard for the case and made the impossible happen in my case. I Would recommend him to anyone. I would say hes the best Washington DC criminal defense lawyer. His communication and client engagement are unmatched. Mr. Kibria and his firm are the people to go to. Also prices were incredibly fair.read more
Peter Otunba
Peter Otunba
17:10 25 Jun 19
Mr. Kibria and his firm were excellent. He made a terrible situation a lot better and was willing to keep on fighting at every turn. He had my back throughout the process. Excellent DC defense attorney, also extremely affordable for a top rated DC lawyer. I highly recommend him and his firm.read more
Eyob Mengistu
Eyob Mengistu
16:21 25 Jun 19
Mr. Kibria and his firm were excellent. Fantastic DC defense attorney. Went above and beyond the call for me. Got my case dismissed within the first appearance. Mr. Kibria has my highest recommendation! Also very fair when it came to his fees- best I’ve seen for a top rated attorney.read more
Ken Baktai
Ken Baktai
17:04 21 Jun 19
Mr Kibria and his firm were excellent. He got my case dismissed immediately. Great DC defense lawyer. I highly recommend him and his firm. Very affordable!!!!read more
Pre Gib
Pre Gib
13:26 11 Jun 19
Mr. Kibria and his firm were excellent. Got my case dismissed right away. Excellent dc defense attorney. Great communication. Gave me an idea from the start how things would go and what he would do and that’s exactly what he did. I give him and his firm my highest recommendation.read more
Jesus Enriquez
Jesus Enriquez
13:52 29 May 19
Mr Kibria and he’s law firm did a magnificent job helping me with my federal criminal case. He helped me answer questions and weren’t even related to the case. I would definately recommend his business and his trust. Excellent DC defense attorney!read more
Eamonn McCaffrey
Eamonn McCaffrey
16:14 20 May 19
Mr. Kibria and his firm are amazing. I can’t say enough. Initially I was with a public defender. Although I had met and consulted with Mr. Kibria I decided to stay with the public defender figuring it was all the same with any lawyer. I was so wrong. My public defender was forcing me to eat a bs charge and i basically thought I had no choice but to agree. Weeks later when I was in court ready to eat the charge, Mr. Kibria saw me an asked what I was doing. I told him and he said I was crazy to eat a charge given the facts of my case. He said he would get my case dismissed. He took my case right then and there and requested a dismissal,l. In fact he got the government to agree to dismissal even before I had paid him. He got my case dismissed as he said he would. Unbelievable. He is the best defense attorney in Washington DC bar none. If you need a defense lawyer in dc don’t bother calling anyone else.read more
Rebecca Huang
Rebecca Huang
15:13 03 May 19
Mr . Kibria and his from were excellent. He told me how things were going to go from the start and that’s exactly how it went, in fact better. Client engagement and communication were second to none. Great DC defense attorney. Highly recommended.read more
Markee Young
Markee Young
13:37 30 Apr 19
Wow. Amazing. Hired Mr. Kibria to replace public defender for some crazy trumped up charges the police were trying to bring me down on, some serious charges. Mr. Kibria was on the case for 3 weeks and got my case completely dismissed even before the next court date! Truly preserved my life and career. This guy is the defense attorney in DC to hire. Don’t mess around with any other lawyers, directly call this man.read more
Sami Swag
Sami Swag
16:40 23 Apr 19
Great firm, great attorney. Mr. Kibria is an excellent DC defense attorney. He got my case dismissed and got me through the court process very fast. He told me exactly how things would go when he took my case and that’s exactly how it went. His communication with me at all times was great and immediate. Also he was very generous to me with his rates since I am a student. I highly recommend him and this firm.read more
Victoria Steriopoulos
Victoria Steriopoulos
13:59 23 Apr 19
Mr. Kibria and his firm were excellent throughout the entire process. Mr. Kibria is a great DC defense attorney, he got my case dismissed immediately. Highly responsive and great fee rates. He’s the lawyer to go to in DC.read more
Keith Jones
Keith Jones
16:14 19 Apr 19
Mr Kibria is a fantastic and expert DC defense attorney. He was outstanding every step of the way. On top of everything his communication and client advocacy is second to none. Also affordable. I give him and the firm my highest recommendation.read more
Wilmer Meza
Wilmer Meza
13:51 19 Mar 19
Excellent Washington DC defense attorney. I was from out of state and he got my case dismissed immediately. I did not have to come back to court. Great communication and very affordable. I highly recommend.read more
orin mcintosh
orin mcintosh
15:47 26 Feb 19
Mr. Kibria is an excellent DC defense attorney. He got my case dismissed immediately. Furthermore his communication and client engagement is unlike any other. I highly recommend. Also very affordable.read more
Arnab Kar
Arnab Kar
13:40 15 Aug 18
I hired Mr Kibria for a fedral court case . He got rid of my case right away. Mr Kibria is a fantastic defense attorney. I was extremely pleased with him. Extremely affordable and highly personalized service. His communication throughout the process was exceptional.If you need a defense attorney in the District of Columbia you should definitely hire him and his firm!read more
Nancy Hernandez
Nancy Hernandez
15:37 13 Aug 18
I hired Mr. Kibria I had a serious charge gave me a excellent price he helped me out through the whole process. I really recommend him. Did a amazing job ! Great customer service.read more
Reco jackson
Reco jackson
14:22 13 Aug 18
I retained Mr. Kibria to represent against some serious charges that would have come with definite jail time and seriously affected/complicated my life and my family.However Mr. Kibria fought hard throughout the entire process to ensure that i would not face the terrible hardships the charges presented and in fact gor a great deal that allowed me to continue on with my life and take care of my family.Above all he provides highly personalized representation and was available to me anytime i needed him and provided clear communication at all times. He and his firm were also extremely affordable. If you need a DC attorney I highly recommend Mr. Kibria and this firm.read more
Kathon Van Hook
Kathon Van Hook
14:23 06 Aug 18
I hired Mr Kibria to help with me with some serious , complicated, complex and frankly nerve wracking issues. I retained Mr. Kibria and his firm based on his extensive experience and practice in DC. Mr. Kibria walked me through exactly how he was going to handle my case and resolve my situation. Mr. Kibria delivered on all his promises. His services were highly personalized and his communications with me were constant and clear. He was available whenever I needed him. He took care of my issues exactly as he said e would.If you need a defense lawyer in The District of Columbia. Mr. Kibria is definitely the guy to hire!read more
Karmen Josipovic
Karmen Josipovic
14:19 10 Jul 18
He was great the case was imideatelly dismissed. Extremely affordable. Excellent DC criminal lawyer. A must hire if you are in legal trouble in DC.read more
Next Reviews
  • review rating 5  Great firm, great attorney. Mr. Kibria is an excellent DC defense attorney. He got my case dismissed and got me through the court process very fast. He told me exactly how things would go when he took my case and that’s exactly how it went. His communication with me at all times was great and immediate. Also he was very generous to me with his rates since I am a student. I highly recommend him and this firm.

    thumb Sami Swag
    4/23/2019
  • review rating 5  Mr. Kibria and his firm were excellent. Got my case dismissed right away. Excellent dc defense attorney. Great communication. Gave me an idea from the start how things would go and what he would do and that’s exactly what he did. I give him and his firm my highest recommendation.

    thumb Pre Gib
    6/11/2019
  • review rating 5  Mr. Kibria and his firm are amazing. I can’t say enough. Initially I was with a public defender. Although I had met and consulted with Mr. Kibria I decided to stay with the public defender figuring it was all the same with any lawyer. I was so wrong. My public defender was forcing me to eat a bs charge and i basically thought I had no choice but to agree. Weeks later when I was in court ready to eat the charge, Mr. Kibria saw me an asked what I was doing. I told him and he said I was crazy to eat a charge given the facts of my case. He said he would get my case dismissed. He took my case right then and there and requested a dismissal,l. In fact he got the government to agree to dismissal even before I had paid him. He got my case dismissed as he said he would. Unbelievable. He is the best defense attorney in Washington DC bar none. If you need a defense lawyer in dc don’t bother calling anyone else.

    thumb Eamonn McCaffrey
    5/20/2019
  • review rating 5  Mr Kibria is a fantastic and expert DC defense attorney. He was outstanding every step of the way. On top of everything his communication and client advocacy is second to none. Also affordable. I give him and the firm my highest recommendation.

    thumb Keith Jones
    4/19/2019
  • review rating 5  Mr . Kibria and his from were excellent. He told me how things were going to go from the start and that’s exactly how it went, in fact better. Client engagement and communication were second to none. Great DC defense attorney. Highly recommended.

    thumb Rebecca Huang
    5/03/2019
  • review rating 5  Mr Kibria and his firm were excellent. He got my case dismissed immediately. Great DC defense lawyer. I highly recommend him and his firm. Very affordable!!!!

    thumb Ken Baktai
    6/21/2019
  • review rating 5  Mr. Kibria and his firm were excellent. Fantastic DC defense attorney. Went above and beyond the call for me. Got my case dismissed within the first appearance. Mr. Kibria has my highest recommendation! Also very fair when it came to his fees- best I’ve seen for a top rated attorney.

    thumb Eyob Mengistu
    6/25/2019
  • review rating 5  Mr. Kibria and his firm were excellent. He made a terrible situation a lot better and was willing to keep on fighting at every turn. He had my back throughout the process. Excellent DC defense attorney, also extremely affordable for a top rated DC lawyer. I highly recommend him and his firm.

    thumb Peter Otunba
    6/25/2019
  • review rating 5  Very professional and handle my case very well. Fight very hard for the case and made the impossible happen in my case. I Would recommend him to anyone. I would say hes the best Washington DC criminal defense lawyer. His communication and client engagement are unmatched. Mr. Kibria and his firm are the people to go to. Also prices were incredibly fair.

    thumb Justice Wayne
    6/28/2019
  • review rating 5  Mr. Kibria was outstanding. Best Washington DC defense attorney hands down. Took a terrible situation and resolved it for me. He got my case dismissed. On top of everything his communication and responsiveness are exceptional. He was there at all times of need. Also very affordable for a top lawyer. I highly recommend him and his firm.

    thumb Noe Martinez
    8/06/2019

Fairfax DUI Lawyer

In Virginia, DUI (Driving Under the Influence) charges are treated possibly harsher than in any other state in the country.  For this reason, it is critical to hire a DUI lawyer to work on your case and develop a proper defense strategy.  It is important to remember that any amount of alcohol in your system can result in a DUI charge and conviction.  While the legal limit for Blood Alcohol Content (BAC) is .08, you can test below a .08 BAC and still be arrested and convicted for DUI if the Commonwealth can prove that you were impaired.

Potential Penalties For a First-Time DUI Conviction:

  • Jail Incarceration (length depends on the BAC level)
  • Up to $2500 Fine
  • 12 months loss of driver’s license
  • If granted a restricted license, you will be required to pay for and install an ignition interlock device
  • 6 points on your Virginia driver’s license
  • Completion of ASAP (Alcohol Safety & Awareness Program) at your expense

Experienced Fairfax DUI Lawyer

While we have experience working with clients on DUI cases throughout Northern Virginia, including Arlington, Alexandria, Loudoun, Stafford, and Prince William counties, we specialize in Fairfax DUI defense.  When you are facing a drunk driving charge or any motor vehicle traffic offense, you need fast, accurate answers about your situation and the best way to proceed. The defense attorneys at Ervin Kibria understand your concerns and your sense of urgency in dealing with a difficult situation.

Fairfax DUI attorney

  • The consequences for DUI: Clients who reach out to us concerning a DUI arrest often share common questions. These concerns are best addressed by a lawyer experienced with DUI cases. While every case is different, clients often struggle with understanding what a DUI conviction would mean. Will there be a criminal record? Jail time? Loss of a driver’s license?  We’re here to listen to your concerns, answer your questions to the best of our ability, and guide through the difficult legal process.
  • An aggressive defense: The consequences of a DUI charge often depend on having an experienced lawyer to represent you. At Ervin Kibria, we have the necessary experience to aggressively investigate, defend and challenge the charges.
    • We work with you: We do not treat cases as if they were a car on an assembly line. We are not a DUI mill. We are personalized. We are accessible. We are hands on. We keep our practice small so we can be completely dedicated to giving our clients the very best representation. When you hire us you have direct access to us, not a law clerk, or a paralegal, or an associate attorney.

Whether you are dealing with a DUI charge or a serious traffic offense that can put points on your driver’s license, you can depend on the defense lawyers at Ervin Kibria.

Schedule Free Consultation

Penalties For Virginia DUI Conviction

Standard DUI Penalties For First Offense:

For a first offense, Virginia DUI penalties are still considerably harsh.  DUI convictions will always include a probationary period for one year, completion of alcohol treatment classes provided by ASAP, a fine that tends to run between $250-$500, loss of license for 12 months, jail incarceration (with some or all of that time suspended), and installation of an ignition interlock device if the defendant applies for a restricted driver’s license.

DUI Penalties With a Prior DUI Conviction

A prior DUI conviction will have serious implications on any subsequent offense.  In general, a prior DUI conviction will be used to increase your DUI from a misdemeanor to a felony if it is a third or subsequent offense within 10 years, impose higher penalties for your new offense, and potentially implicate the mandatory sentencing requirements for your new conviction.

What is Virginia’s Implied Consent Law?

You may have heard or read about Virginia’s “implied consent law,” without really understanding what it refers to.  In Virginia, if you drive a vehicle on a public highway (which is any publicly accessible road), you are assumed to have impliedly consented to a blood or breath test is performed if you are ever arrested for a DUI.  Consequently, you can and likely will be punished with another charge if you refuse to submit to take these sobriety tests.  Virginia Code Section 18.2-268.3 makes it illegal to “unreasonably refuse” to have samples of your blood or breath taken for chemical analysis to determine the alcohol or drug content after a drunk driving arrest has occurred.

While a first refusal crime is considered a civil, rather than a criminal offense, the penalties are still severe.  The refusal charge requires a 1-year driver’s license suspension.  A 2nd or 3rd refusal causes the offense to be treated as a criminal matter, and can often result in jail time.

What Happens When A Person Is Charged With DUI?

If you are charged, it will probably be for a violation of Virginia Code § 18.2-266. When this happens, you are going to want an aggressive and affordable Fairfax DUI lawyer to help you obtain the best possible outcome. Sometimes, the situation may require your Fairfax DUI lawyer to negotiate a lower charge, while on other occasions, taking the matter to trial and aggressively attacking holes in the prosecution’s case might be the best approach. Indeed, field sobriety tests do not always prove that someone is over the legal limit and breathalyzers are not always completely accurate. Suffice to say, there are quite a few defenses that your Fairfax DUI lawyer can assert on your behalf.

After being charged, you will be ordered to show up to Fairfax County General District Court. This initial court appearance is known as an arraignment. At the arraignment, you will be expected to enter a plea of guilty or not guilty. Before this date even arrives, it is extremely important that you speak with an aggressive and affordable Fairfax DUI lawyer to obtain as much evidence as possible (such as breathalyzer results and police reports) and to begin negotiations with the Commonwealth’s attorney.

Additionally, you may face a license suspension by the DMV. If this happens, things could begin to get messy – you may not be able to drive to work; pick up your kids, or get to important appointments. For this reason, you will want qualified legal representation with the knowledge and ability to help you quickly obtain a restricted license. In order to obtain a restricted license, there are a lot of complicated procedures and guidelines which must be followed and several requirements which must be met. A qualified, knowledgeable Fairfax DUI lawyer can help.

How A Fairfax DUI Lawyer Can Fight For You

If you have been arrested or charged with DUI, speak to a Fairfax DUI attorney about your case. Many attorneys (myself included) offer free consultations and can provide you with greater insight into what defenses you may have.

What Are The Defenses to DUI?

  • Mouth Alcohol Defense
  • Rising BAC Defense
  • Breathalyzer Inaccuracy Defense
  • Field Sobriety Tests Do Not Always Prove Impairment
  • Alcohol and Drugs are NOT the Only Causes of Bad Driving

What Happens Before a DUI Arrest?

The Commonwealth must prove that your blood alcohol level (“BAC”) was above .08 at the time you were driving or that you were under the influence of alcohol or drugs. Before a police officer event stops you, they will almost always follow behind your car to obtain a visual observation of impairment. To be sure, all that is needed for a police officer to initiate a traffic stop on suspicion of DUI is observing you touching or crossing over a line while driving.

After effectuating the traffic stop, the officer will walk up to your window. When the officer does this, they are looking for evidence of alcohol consumption, an odor of alcohol, bloodshot eyes, dilated pupils, impaired or slurred speech, and much more. Based on your driving pattern, or any of the signs previously mentioned, the officer may then choose to conduct a formal DUI investigation.

What Happens Once an Officer Asks You to Exit Your Vehicle?

When an officer asks you to exit your vehicle, they will be paying close attention to your balance. The officer will then ask you to perform a number of field sobriety tests. You can politely refuse to perform these tests – and it is probably in your best interest to do so. The officer will then ask for you to blow into a breathalyzer – more formally known as a Preliminary Alcohol Screening device. You are entitled to refuse this test as well. However, as a Fairfax DUI lawyer, it is my duty to inform you that refusing to take a breathalyzer test could result in your license being suspended for one year – even if you are found not guilty in court. With that said, it may be possible for your Fairfax DUI lawyer to help you obtain a restricted license.

After blowing into the PAS, an officer must determine whether enough evidence exists to establish probable cause that you are DUI. But if you refuse to take any field sobriety or PAS tests, it can be difficult to prove that there was probable cause for an arrest. Absent probable cause, the case could very well be thrown out – even if later-performed chemical tests yield readings which establish that you were above the legal limit.

If you did perform the PAS test, and you were above the legal limit, it could be the result of what many believe to be an inherent flaw in PAS methodology. Generally, most people provide a PAS test a little while after being pulled over. But the human body takes roughly 2 hours to process alcohol. Thus, if you blew a .09 thirty minutes after you were pulled over, it could very well mean that you had a blood alcohol level of .06 at the time you were driving – which would mean that, at the time you were pulled over, you would not have been over the legal limit. This is one of the many situations where a good Fairfax DUI lawyer could be of assistance.

Click here to view Fairfax Possession of Marijuana Lawyer.

Related Tags:

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Mandatory Minimum Penalties For a First DUI Conviction in Virginia

  • Suspension of driver’s license for 12 months
  • You must install an ignition interlock device if you are granted a restricted license
  • Attend ASAP classes at your expense (about $300)
  • With a BAC between .15 and .20, you must serve at least 5 days in jail.
  • With a BAC above .20, you must serve at least 10 days in jail.
  • If you had a child in the car at the time of the offense, you must serve at least 5 additional days in jail
  • With a BAC above .15, you must install an ignition interlock device on your vehicle for the first 6 months of restoration of your driver’s license
  • 6 points on your driver’s license

Call Us Today To Discuss Your Virginia DUI Case: (703) 962-7790

Best Fairfax DUI Lawyer