Woodbridge DUI Lawyer

Driving under the influence is a serious criminal offense. The courts in Virginia and across the nation take a tough stance against drunk driving. If you have been arrested for a DUI, you need to be certain that you are represented by an experienced lawyer who knows how to effectively challenge the charges you are facing.

Far too often attorneys look for the easy plea bargain in DUI cases. At Stevens Caruso we take a different approach: Casey R. Stevens and Lisa K. Caruso are skilled criminal defense lawyers who focus on winning DUI cases. They understand that a DUI conviction can have very serious consequences, and they are committed to taking all steps necessary to secure the best outcome possible for their DUI clients.

Virginia DUI Laws

Individuals arrested and charged with a DUI/DWI in Virginia face stiff fines and penalties. In Virginia it is illegal to operate a motor vehicle when your blood alcohol content (BAC) is 0.08 (grams per 210 liters of breath). Even if your BAC measures less than 0.08 you may still be considered “under the influence” if your ability to operate a motor vehicle is impaired.

Additionally, if you are under the influence of any drug, including a drug which you have been prescribed, which impairs your ability to drive or operate any motor vehicle safely, you will be subject to the same fines and penalties as driving under the influence of alcohol.

In the Commonwealth of Virginia when you are arrested for a DUI, a chemical test will typically be used to test your blood alcohol level. It is important to understand that when you drive a vehicle in Virginia you are deemed to have consented to have your blood and/or breath chemically tested if you are lawfully arrested by an officer for operating a motor vehicle on a highway while under the influence – this is known as the Virginia implied consent law.

If you unreasonably refuse to take the test your driver’s license will be suspended and your refusal to take the test can be used in court, during the trial of the DUI offense, as evidence against you. While a first unreasonable refusal of a breath or blood test carries with it a civil penalty and is not a crime under Virginia law, a second or any subsequent unreasonable refusal is considered a misdemeanor criminal offense.

In most situations, a DUI conviction is classified as a misdemeanor offense in the Commonwealth of Virginia. However, if this is your third (or greater) DUI offense, it will be treated as a felony which carries stiff fines and penalties, including the possibility of significant jail or prison time. Additionally, if you are driving under the influence and are involved in an accident which causes the death of another person you could be charged with involuntary manslaughter which is a Class 5 felony in Virginia carrying with it the possibility of up to 10 years in prison.

Building a Strong DUI Defense

At Stevens Caruso we concentrate on developing the strongest defenses for individuals who have been arrested and charged with driving under the influence. Casey R. Stevens and Lisa K. Caruso are experienced DUI attorneys who know how to build winning defense strategies in even the most difficult cases. They will investigate and analyze your case from every angle to uncover all potential defenses that may be available to you, including:

Illegality of the initial traffic stop
Lack of probable cause for the DUI arrest
Inaccurate BAC tests
Failure to properly maintain and/or calibrate testing equipment
Improper or invalid field sobriety tests
Failure to follow proper arrest procedures

Understanding the Consequences of a DUI Conviction in Virginia

In Virginia, all DUI charges carry serious penalties. Having a DUI conviction on your record can lead to other serious consequences as well. As a result, it is critical to fight your DUI by all means available, and this starts with putting an experienced Woodbridge DUI lawyer on your side.

Court and DMV-Imposed Penalties for a DUI

We’ll cover the penalties for DUI convictions in Virginia first. The specific penalties you are facing depend on your blood alcohol concentration (BAC) at the time of your arrest, whether you have any prior DUIs on your record, and any “aggravating” circumstances involved in your case:

For a first DUI conviction or a second within 10 years is a Class 1 misdemeanor—meaning that it carries up to 12 months in jail and up to a $2,500.00 fine either or both.

A first DUI carries a mandatory minimum fine of $250. If your BAC (Blood Alcohol Level) is a 0.15 to a 0.20 percent, there is a mandatory minimum five days in jail; and, if your BAC was above 0.20, there is a mandatory minimum 10 days in jail.

A second DUI, committed within a period of five to 10 years of a prior, is punished by a mandatory minimum fine of $500 and not less than one month in jail, ten days of which is a mandatory minimum sentence.

A second DUI, committed within less than five years of a prior offense, is punished by a mandatory minimum fine of $500.00 and not less than one month nor more than one year in jail. Twenty days of which is a mandatory minimum sentence.

Further, upon conviction of a second offense within 10 years of a prior offense, If your BAC is a 0.15 to a 0.20, an additional mandatory minimum period of 10 days in jail is required. If the BAC was more than 0.20 an additional mandatory minimum period of 20 days in jail is required. In addition, a mandatory minimum fine of $500 shall also be imposed.

A third DUI committed within a 10-year period, carries not less than one year nor more than five years imprisonment, confinement in jail for up to 12 months and a fine up to $2,500, either or both.

If convicted of three offenses committed within a 10-year period there is a mandatory minimum fine of $1,000 and a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case there is a mandatory minimum sentence of six months.

For a fourth or subsequent offense of DUI committed within a 10-year period there is a mandatory minimum sentence of one year and a mandatory minimum fine of $1,000.0

A person who having previously been convicted of DUI involuntary manslaughter, DUI maiming or a felony DUI shall upon a new conviction of DUI be guilty of a Class 6 felony with a mandatory minimum sentence of one year and a mandatory minimum fine of $1,000. Additionally, the vehicle operated at the time is subject to seizure and forfeiture.

In Virginia, driving under the influence with a passenger age 17 or younger carries a minimum jail term of five days.

Driver’s License Suspension

With a BAC of at least a 0.08 for a first DUI arrest or unreasonably refuse to take a breath or blood test there is an administrative suspension of 7 days. If convicted there is a one year suspension.

For a second DUI arrest within 10 years there is an administrative suspension of 60 days, and there is a license suspension of three years.

For a third or subsequent offense, the administrative license suspension will last until the day and time of trial, and if convicted the driver’s license is revoked.

Ignition Interlock Device (IID)

A DUI conviction in virtually all cases results in the insulation of a mandatory ignition interlock device on any vehicle operated for a minimum of six months without an alcohol violation. You will be required to pay for the installation, and the monthly calibration fees.

Virginia Alcohol Safety Action Program (VASAP)

If you are convicted of DUI in Virginia, the judge can also require you to complete the Virginia Alcohol Safety Action Program (VASAP). This will add hundreds of dollars to the cost of your DUI, and you can face additional consequences for failing to complete VASAP successfully.

Additional Consequences of a DUI Conviction

A DUI conviction in Virginia can lead to various other consequences as well. Hiring an experienced Woodbridge DUI lawyer to fight your drunk driving charge is also critical for attempting to avoid consequences such as:

Increased Auto Insurance Premiums

If you get convicted of DUI in Virginia, this will lead to a substantial increase in your auto insurance premiums for several years.

Loss of Job Opportunities

A DUI conviction will show up on background checks, and this means that your DUI could cost you a job. If you are forced to take a lower-paying job than you would have been able to find without a DUI conviction, this could substantially increase the lifetime costs of your conviction.

Academic Consequences

If you are still in school, a DUI conviction could have academic consequences depending on where you got arrested, where you go to school, and other factors, but generally speaking, the risk of facing academic consequences is reason enough on its own to hire an experienced Woodbridge DUI lawyer to represent you.

Immigration Consequences

If you are a non-U.S. citizen, a DUI conviction could have serious to include deportation and the risk of non-admittance even for visa holders and lawful permanent residents.

Military Consequences

A DUI conviction can have serious negative ramifications for your military career. Here, too, the specific risks you are facing depend on the circumstances, however, DUI arrests can lead to disciplinary action, and this disciplinary action can have both short-term and long-term consequences.

Professional Discipline

If you hold a professional license, a DUI arrest or conviction can potentially lead to disciplinary action as well. Losing your professional license can have significant and long-term financial consequences that far outweigh the cost of hiring an experienced Woodbridge DUI lawyer to defend you in your drunk driving case.

Contact a Skilled DUI Defense Lawyer Today

If you have been arrested for driving under the influence of alcohol or drugs in Woodbridge, Fairfax County, Prince William County or anywhere else in the Northern Virginia area, it is important to discuss your case with an experienced DUI lawyer immediately. Casey R. Stevens and Lisa K. Caruso are highly skilled criminal defense lawyers who know how to confront the DUI charges you are facing. Call Stevens Caruso today by contacting Casey on his cell phone 703-967-5750 or Lisa on her Cell 804-731-4262 or the firm’s online contact form. You can also learn more about DUI charges and penalties in Virginia by visiting the following pages on our site: