Virginia DUI Penalties & Defenses | Ervin Kibria Law

Awards and Accolades


Contact Ervin Kibria Today:

Give us a call and arrange a free consultation.

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 179 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

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Fairfax DUI & Traffic Lawyer

Have you been charged with a DUI or DWI in Virginia?  If so, it is critical to be aware of what the potential penalties are if you are convicted.  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 important to hire an experienced DUI lawyer to work on your case and develop a proper defense strategy as early in the process as possible.  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 Virginia DUI Lawyer

The attorneys at Ervin Kibria PLLC defend clients charged with DUIs throughout Northern Virginia, including Alexandria, Fairfax, Loudoun, and Prince William Counties.  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.

  • 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

What Constitutes Driving For DUI Purposes?

Under Virginia law, an operator or a driver means: “every person who either (i) drives or is in actual physical control of a motor vehicle on a highway or (ii) is exercising control over or steering a vehicle being towed by a motor vehicle.” A Virginia Supreme Court judge had recently reiterated: “any individual who is in actual physical control of a vehicle is an operator.”

Virginia courts have established the rule that when an intoxicated person is seated behind the steering wheel of a motor vehicle on a public highway and the key is in the ignition switch, he is in actual physical control of the vehicle and, therefore, is guilty of operating the vehicle while under the influence of alcohol within the meaning of Code § 18.2-266.

Based on this definition and a variety of Virginia Supreme Court decisions, Virginia police officers will charge you with a DUI even when you are not actually driving your vehicle. This includes: falling asleep behind the wheel of a parked car while in the driver’s seat with the keys in the ignition, just listening to the radio in the driver’s seat while the car is on, etc.

Virginia Field Sobriety Tests

After you are pulled over, if the officer has reason to believe that you may be intoxicated, he or she will ask you to perform field sobriety tests.  Generally, officers do not possess probable cause to arrest you for DUI at the time that they pull you over.  However, an extended interaction with police, including the performance of these field sobriety tests can often provide the evidence they need to legally justify an arrest.  Consequently, it is very important to be aware of possible field sobriety tests, the voluntary nature of these tests, and why the police use them.  These tests are voluntary, not required; but most clients perform the tests anyway, because everybody tries to be as cooperative as possible. (The problem here is that by performing field sobriety tests, you are providing the officer with evidence that he can use against you in court. Had you not performed the tests, the officer would not have had this evidence to use against you in court, and may not have had probable cause to arrest you for a DWI.)

Generally, officers in Northern Virginia implement the following tests while investigating a subject for drunk driving, in addition to asking you to count backward, perform the alphabet without singing, and performing the finger touch test.

HGN Eye Test 

“Horizontal Gaze Nystagmus” (“HGN”) is a physical sign of intoxication that involves the involuntary jerking of an eye.  In the administration of this test, the officer instructs the suspect to follow (with his eyes) a stimulus to the left and to the right. The officer notes the angle at which the pupil starts to exhibit “nystagmus” (an involuntary jerking of the eye). Early onset of nystagmus (at or before a 45-degree angle) is a clue associated with a high blood alcohol concentration. is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side.  However, this type of HGN result may also indicate the consumption of seizure medications, phencyclidine, a variety of inhalants, barbiturates, and other depressants.

Walk and Turn

The Walk-and-Turn test and One-Leg Stand test are “divided attention” tests that, according to the government, are easily performed by most unimpaired people. They require a suspect to listen to and follow instructions while performing simple physical movements. Impaired persons have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises. (Personally, I have difficulty performing these tests while sober and while knowing all of the instructions after years of repetitive training.)

In the Walk-and-Turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The examiner looks for 8 indicators of impairment: if the suspect cannot keep balance while listening to the instructions, begins before the instructions are finished, stops while walking to regain balance, does not touch heel-to-toe, steps off the line, uses arms to balance, makes an improper turn, or takes an incorrect number of steps.

One Leg Stand

In the One-Leg Stand test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud until told to put the foot down. The officer times the subject for 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hoping to maintain balance, and putting the foot down.

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 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.

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