Fairfax Virginia DUI Defined
Historically, a Fairfax VA DUI charge accused a person of driving under the influence with slight impairment. DWI typically involved someone exhibiting a stronger level of intoxication. Now it is simply Virginia DUI with no legal difference. Virginia DUI incorporates anyone charged with driving under the influence of alcohol, prescription drugs, or illegal drugs. Distinctions are made on a case-by-case basis depending on the nature of the charges, the evidence presented, the application of statutory law, and any relevant case law submitted by the defense or prosecution for consideration in court.
You can be found guilty of Fairfax Virginia DUI for two reasons. Either your blood alcohol content (BAC) was measured at .08 or above, or you are convicted of driving while intoxicated based on other evidence in the absence of test results. The first, or ‘per se’ method, makes it a crime to drive in Virginia with a BAC over the legal limit – even if you are not impaired, while the ‘presumption’ statute permits evidence, including driver behavior and field sobriety test results, in lieu of scientific measurements.
The Fairfax Virginia DUI Arrest Process
The following events will most likely happen during a Virginia DUI arrest:
• The arresting officer reads your Miranda rights. Nothing is more critical to your defense than remembering ‘Anything you say can and will be used against you….’ Never say anything that can jeopardize your Fairfax Virginia DUI defense.
• You will be handcuffed, seated in the police car, and taken to the police station. There you will be ‘processed’ – fingerprinted and photographed, and placed in a holding cell until you meet bail, get sober, and have a way home.
• Your car will be towed and impounded if you were driving alone, or an unaffected passenger may drive if permitted.
Find An Experienced Virginia DUI Lawyer
Virginia DUI law is complex and the punishments are some of the most severe in the nation. An experienced Virginia DUI defense lawyer will work aggressively to learn every detail of your case, thoroughly interview witnesses, and fight for every pertinent piece of evidence.
If you are charged with Virginia DUI act quickly to allow maximum time to develop the strongest case in your favor. At Boone Beale, we have Virginia DUI attorneys who specialize in the complexities of DUI defense in Fairfax County. We can help you understand and effectively respond to the Virginia DUI charges you face, and fight for the best possible results for you.
Call Boone Beale at 703-690-1222 to find an experienced lawyer for your Virginia DUI defense in Fairfax County.