When Do You Need a Fairfax DUI Lawyer? – Ervin Kibria Law

June 24, 2022by Justin Ervin

Awards and Accolades


When Do You Need a Fairfax DUI Lawyer?

The Commonwealth of Virginia has zero-tolerance for driving under the influence (DUI). So, if law enforcement pulls you over for DUI, you’re at risk of steep penalties. In such circumstances, it’ll be wise to contact your Fairfax DUI lawyer before your case gets complicated.

In Virginia, you’re guilty of drunk driving with a blood alcohol content of 0.08% or more. If you’re a first-time offender, you risk a one-year jail term and license suspension. You may also have to pay a $250 mandatory minimum fine. Subsequent offenders will typically face stricter punishment.

So, when is the right time to consult a DUI attorney to avoid the above penalties? You’ll find the answer to this question as you read on.

How Can a Fairfax DUI Lawyer Help You Beat a DUI?

Is it necessary to contact a DUI lawyer? Yes. An attorney will offer you quality representation to avoid a DUI conviction using these legal defenses:

●       Absence of Reasonable Suspicion

Virginia DUI laws mandate that police officers can only pull you over if they reasonably suspect that you were drunk driving. Your attorney can argue that the law enforcement officer didn’t have reasonable cause to stop your vehicle. Any DUI arrest will be invalid in such cases, and the court will dismiss your case.

●       No Probable Cause

Besides reasonable suspicion, law enforcement cannot arrest you for DUI without reasonably believing you’re guilty. Any arrest without probable cause is invalid.

●       Invalid Field Sobriety, Horizontal Gaze Nystagmus (HGN), Breath or Blood Tests

There are various tests a police officer can mandate you to take if they suspect DUI. These tests carry guidelines that the law enforcement officer must strictly observe. Your lawyer will evaluate your case carefully to discover any irregularities in the test procedures. If there are any, they’ll leverage it to secure a case dismissal or dropped charges.

●       Violated Constitutional Rights

Every Virginian has constitutional rights during a traffic stop and even upon arrest. If a police officer infringes on your rights, your Fairfax DUI lawyer can secure your freedom based on such violations.

When Should I Call a DUI Attorney in Fairfax?

The best time to call your Fairfax DUI lawyer is immediately after your arrest. This will give your attorney enough time to prepare for your defense. In many cases, law enforcement will not allow you to speak with your lawyer during an investigation.

A DUI charge is a serious crime, so you must call your attorney whether you think you’re innocent or not. Even when you’re innocent, you don’t have the legal experience it takes to handle your case successfully.

Again, your lawyer will examine the evidence and find loopholes to prove your innocence. Remember that you have the right to remain silent and refuse to answer questions until you speak with your attorney.

Reach Out To Ervin Kibria, PLLC, Now!

If you need to speak with a Fairfax DUI lawyer, the experienced attorneys at Ervin Kibria, PLLLC, are your best option. Our law firm specializes in DUI cases and has an impeccable track record of case dismissals. So reach out to us now to learn more about how we can help your case.


When Do You Need a Fairfax DUI Lawyer?