Monthly Archives: March 2015

Virginia DUI Defense: Fourth Offense Penalties in Virginia

Conviction of a fourth offense within ten years of a Virginia DUI or DWI means a mandatory minimum sentence of one year. It is a class 6 felony which carries with it a term of imprisonment from one to five years or, alternatively, up to twelve months in jail; however, the first year is mandatory for anyone convicted of a fourth offense within a ten year period. The court must impose a fine of $1,000 and may impose a fine of up to $2,500. There is no difference if it occurred within five or ten years on a fourth or subsequent offense. It is a mandatory minimum jail sentence of one year.

Additionally, on a fourth offense one’s driver’s license or privilege to drive (if an out of state driver) shall be suspended for his or her lifetime with an opportunity to petition the circuit court for a restricted license after a period of three years, and full license restoration cannot occur until five years have passed.


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A person who has had his or her license restored must have an ignition interlock installed in all vehicles registered in his or her name in order to obtain a restricted driver’s license. This is required to remain in place for a minimum of six months and could remain for the full term of the restricted license after due consideration is given to ASAP’s recommendation.

Clearly, one must explore all potential defenses to a conviction for a fourth offense of a Virginia DUI or DWI. There are times when the Commonwealth cannot prove valid prior offenses, so it is important that you talk with a skilled DUI defense attorney like those at Boone Beale. We have handled countless such cases where people were convicted in states where the laws were not substantially the same as those in Virginia, enabling us to resolve the case with far fewer consequences. We will leave no stone unturned, explore the limitless defense possibilities in your case, and keep you informed. The limit to the defense of your case is our imagination. Call someone who has handled these types of cases for decades!

Remember the initial consultation is free. Call us now!

Virginia DUI

Virginia DUI Defense
Virginia DUI Defense

Virginia DUI Defense: Third Offense Penalties in Virginia

A third offense of Virginia DUI or DWI within ten (10) years is a Felony! Accordingly, it has severe consequences. The stakes are higher. A felony conviction rather than a misdemeanor has major consequences such as the right to vote, own or possess a firearm. A third offense is categorized as a Class 6 Felony, which carries with it a term of imprisonment from one to five years or, alternatively, up to twelve months in jail. The Court must impose a fine of $1,000 minimum and may impose a fine of up to $2,500. Likewise, there is a minimum jail sentence of 90 days that must be imposed if the offense is more than five years but less than ten years after the prior offenses. If the third offense occurred within five years of the previous offenses, there is a mandatory minimum jail sentence of six (6) months that must be imposed and cannot be suspended by the court.

Additionally, one’s driver’s license or privilege to drive (if an out of state driver) shall be suspended for his or her lifetime on a third offense. Drivers may petition for restricted privileges after three years and full privileges after five years have passed since the date of conviction. The petition process can be a long and complicated process to navigate.


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A person who has had their license restored must have an ignition interlock installed in all vehicles registered in his or her name in order to obtain a restricted driver’s license. It will be required to remain in place for a minimum of six months, and could remain for the full term of their restricted license after due consideration is given to ASAP’s recommendation.

Clearly, one must explore all potential defenses to a conviction for a third offense of a VA DUI or DWI. We can often help and find a defense! There are times when the Commonwealth cannot prove a valid prior offense so it is important that you talk with a skilled Virginia DUI defense attorney like those at Boone Beale. We will leave no stone unturned in trying to avoid such a conviction. There are literally endless possibilities of defense and we counsel you on all the possible defenses applicable to your case. Remember that the possible defenses in your case are limited only by your imagination.

We handle felony DUI cases throughout the Commonwealth of Virginia. Remember we do not charge for an initial consultation so call us to investigate all possible defenses. Don’t make a mistake by hiring the wrong attorney.

Virginia DUI Defense

Virginia DUI Defense
Virginia DUI Defense

Virginia DUI Defense: DUI Second Offense Penalties in Virginia

If you are Convicted of a second offense Virginia DUI or DWI within ten years of a first offense it carries enhanced penalties. The Court must impose a minimum fine of $500 and may impose a maximum fine of up to $2,500. Likewise, the Court must impose a minimum jail sentence of one month and a maximum jail term of twelve months. Twenty (20) days of the sentence are a mandatory minimum that cannot be suspended by the court if the offense occurs within five years or if it has been more than five years but less than ten years, the mandatory minimum sentence that must be imposed is ten (10) days. Additionally, one’s driver’s license or privilege to drive (if an out of state driver) shall be suspended for a period of three years. The court cannot grant a request for a restricted driver’s license until one full year has passed if there is a conviction within less than five (5) years of a first offense or after a hard suspension of four full months if it has been more than five years, but less than ten years since a first. .


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A person who has been convicted of ANY Virginia DUI or DWI must have an ignition interlock installed on all vehicles registered in his or her name in order to obtain restricted driving privileges. This means that a married wife or husband who may have two or three vehicles (wife, husband and driving teenager) will need to install an ignition interlock device on each of the three vehicles. Ignition interlock devices must remain in place for a minimum of six months, and they could remain for the balance of the three year suspension in the discretion of the court after giving due consideration to ASAP’s recommendation. It is important to call an experienced DUI defense attorney to navigate this complicated area of law to best protect your family.

Clearly, one must explore all potential defenses to a conviction for a second offense of a DUI or DWI. The DUI defense attorneys at Boone Beale can help you find a defense! There are times when the Commonwealth cannot prove a valid first offense, especially when it occurred in another state or was prosecuted under a local ordinance of a town or county. The dedicated Virginia DUI defense lawyers at Boone Beale will leave no stone unturned in trying to avoid such a conviction. We handle cases in Richmond, Henrico, Hanover, Chesterfield, Sussex , Caroline, Spotsylvania, Stafford, Prince William, Fairfax, Arlington and Alexandria just to mention a few!

Virginia DUI

Virginia DUI Defense
Virginia DUI Defense

Fairfax VA DUI Defense: DUI First Offense Penalties in Fairfax VA

The penalties for a conviction of a first offense of DUI can be far-reaching and severe. You need to contact an experienced Fairfax VA DUI Defense lawyer to mitigate the damages to your life and reputation.

The consequences for a DUI First conviction are up to one year in jail and/or a maximum $2,500 fine (minimum $250 fine), a mandatory one year suspension of your driver’s license, and successful completion of the Virginia Alcohol Safety Action Program. Many offenders are granted restricted driving privileges to drive to and from work, school, religious services, and/or healthcare. It needs to be understood that a restricted driver’s license is just that: restricted. You MAY NOT drive to go out to dinner or even to the grocery store. Driving outside of your restrictions will land you a charge for Driving on a Suspended License. You would also be require to have an ignition interlock to be installed.


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Unfortunately many people represent themselves, and enter a plea of guilty. The result is what they believe to be a slap on the wrist; however, according to NHTSA the average cost of a DUI conviction is about $20,000. You will have to complete VASAP and suffer a restricted license for a year. Unfortunately there are more untold consequences than what meets the eye. You will be required to have an FR-44 Proof of Financial Responsibility on your driver’s insurance for the next three years resulting in thousands of dollars in increased insurance premiums, and the conviction will remain on your criminal record for the rest of your life.

Call and talk to us. You need an experienced attorney to fight your Fairfax VA DUI Defense case! You can plead guilty on your own. We will advise you of your options and offer our help. We won’t judge you or treat you with disrespect. You can rest assured that you will leave our office with a better attitude than that with which you arrived.

Fairfax VA DUI Defense

Fairfax VA DUI Defense
Fairfax VA DUI Defense

What is the Difference Between a DWI and a DUI in Fairfax VA?

A lot of people presume a DWI (driving while intoxicated) to be a more severe offense than DUI (Driving Under the Influence) and in many states it is.


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But in Fairfax VA, the law does not define a difference. In fact, some of your paperwork may mention DUI in Fairfax VA, while other paperwork you have been given may mention DWI in Fairfax VA. It can be very confusing to someone who has never been through the legal system before.

Virginia’s DUI/DWI statute can be found at 18.2-266 of the Code of Virginia. As you may read, it specifies five subsets that are criminalized including the following, to-wit:

  1. driving while under the influence of alcohol regardless of the blood alcohol content (this means you can get charged for a DUI with a BAC of below .08 even if you are 21 years old or older),
  2. driving with a blood alcohol content above .08,
  3. driving while under the influence of drugs,
  4. driving while under the influence of a combination of alcohol and drugs,
  5. and driving with a blood concentration of .01 milligrams of PCP per liter of blood, .02 milligrams of cocaine per liter of blood, or .1 milligarms of MDMA per liter of blood.

Nothing specifies DUI or DWI within the statute.

Can you afford a DWI/DUI conviction? Contact the Boone Beale law firm now to talk to a highly-rated, well-respected DUI lawyer in Fairfax VA free of charge. We can help you make sense of your DUI/DWI arrest and charges and design a DUI strategy to get the best results in court.

DUI in Fairfax VA

DUI in Fairfax VA
DUI in Fairfax VA

Well-trained DUI lawyer in Alexandria VA

As soon as possible after your DUI arrest hire a qualified, competent Boone Beale DUI lawyer in Alexandria VA. With cutting-edge training and decades of DUI litigation experience, your Boone Beale DUI lawyer has the skills and instincts you need to present a winning driving under the influence defense strategy.


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Only the legal services of a well-trained DUI lawyer in Alexandria VA, can help you effectively navigate the criminal justice system and obtain a favorable outcome. First time DUI offenders may be unaware of the long list of punitive punishments and consequences of a DUI conviction, with residual effects that can linger throughout your lifetime. A veteran Boone Beale DUI defense lawyer in Alexandria, VA, will help you understand the legal process, diligently craft a meticulous defense, and provide you with various legal options in every phase of your driving under the influence case.

Over the past decade public outrage has fueled increasingly restrictive DUI legislation in the Commonwealth of Virginia. Many of the harsh penalties are designed to eliminate recidivism, since repeat DUI offenders are a deadly hazard on our roadways. However, consequences for first time DUI convictions in Virginia are known to be some of the most severe in the nation. The Virginia Department of Motor Vehicles (VA DMV) lists the following possible driving under the influence conviction penalties:

  • Administrative license suspension for 7 days.
  • Minimum $250 fine; maximum $300 fine. (These fines may be directly related to eligibility for the Alcohol Safety Action Program.)
  • License revocation for 1 year.
  • Any court-ordered restitution.
  • Possible Alcohol Safety Action Program (ASAP).
  • Possible ignition interlock device.
  • Possible restricted driver’s license.
  • Your DUI conviction remains permanently on your criminal record.

Can you afford a DUI conviction? Contact the Boone Beale law firm now to talk to a highly-rated, well-respected DUI lawyer in Alexandria VA free of charge. We can help you make sense of your DUI arrest and charges and design a DUI strategy to obtain your best results in court.

DUI lawyer in Alexandria VA

DUI lawyer in Alexandria VA
DUI lawyer in Alexandria VA

Free Consultation With DUI Defense Lawyer In Woodbridge VA

The primary goal of every Boone Beale DUI defense lawyer in Woodbridge VA, is to present the evidence in a DUI case that makes the judge and jury believe that anything is possible, especially reasonable doubt. Practicing law, it turns out, is part science and part art. Don’t let anyone convince you otherwise.


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Using a variety of well-established resources and high-tech tools in combination with years of continuing education and courtroom litigation, the Boone Beale DUI defense lawyers in Woodbridge VA, leave no stone unturned in investigating the circumstances surrounding your DUI arrest. Bringing decades of DUI practice to your individual case allows us to rapidly and effectively collect information and evidence to construct a thoughtful, penetrating, and comprehensive DUI defense on your behalf. And while you may be concerned about legal expenses, think about them relative to the costs of a DUI conviction on your permanent criminal record.

Since 2005 DUI fatalities in Virginia declined 21 percent according to Virginia Department of Motor Vehicles statistics. Crashes related to intoxicated driving fell 30 percent during that time, while DUI convictions remained unchanged. However, penalties for a Virginia DUI intensified significantly in severity over the past two decades. This is a major reason you need a highly-qualified DUI defense lawyer in Woodbridge VA.

Some DUI offenses now include the possibility of mandatory jail time, even if you have no prior criminal history. Other penalties can include:

license suspension, fines, administrative fees, mandatory installation of an ignition interlock device and required completion of the VASAP program at your own expense, and a DUI conviction to explain for life.

These don’t include the many hidden consequences of a DUI conviction, such as increased insurance rates, loss of employment and adverse effects on government security clearances, inability to qualify for loans or sign an apartment lease, and the likely devastation to many of your relationships.

With so much at stake, can you afford to go it alone? Call the expert Boone Beale DUI defense lawyers in Woodbridge, VA today for your DUI defense.

DUI Defense Lawyer In Woodbridge VA

DUI Defense Lawyer In Woodbridge VA
DUI Defense Lawyer In Woodbridge VA

When You Need A DUI Defense Lawyer In Vienna VA

Before you contact a DUI defense lawyer in Vienna VA, there are some basic facts you should know:

  • Recent DMV reports support the evidence that drunk driving takes the lives of two Virginians every three days, on average.
  • Since 2002, the effective Checkpoint Strikeforce campaign, a zero-tolerance, research-based, regional initiative strives to keep impaired drivers off roads using DUI checkpoints and patrols in combination with public education about the risks, dangers and sometimes deadly consequences of driving while intoxicated.
  • Hiring a highly-regarded Boone Beale DUI defense lawyer in Vienna VA, increases the likelihood of obtaining a positive outcome in your DUI case.
  • According to DMV statistics, drunk driving fatalities increased in 2013 for the first time in six years, with a 10.48% increase and 253 deaths attributed to DUI-related traffic crashes.
  • In that same year, 27,333 people were convicted of DUI in Virginia.

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Veteran law enforcement authorities and DUI attorneys note strict new laws, especially against repeat offenders, and a shift in cultural expectations have helped reduce the occurrence of DUI, but there is still much work to be done.

In an effort to reducing drunk driving fatalities in the Commonwealth of Virginia the governor’s office has backed on ongoing effort to reduce the number of people driving under the influence of alcohol or drugs. This effort includes a dragnet of intense police enforcement of our roadways along with punitive legal, financial, and social consequences that have been called some of the most severe in the nation by news media.

Before you get behind the wheel intoxicated, know what you’re risking – and think twice. It may save a life. In the event that the “impossible” happens and you are charged with DUI, call the expert DUI defense lawyers in Vienna VA, at Boone Beale, Attorneys at Law. We can help.

DUI Defense Lawyer In Vienna VA

DUI Defense Lawyer In Vienna VA
DUI Defense Lawyer In Vienna VA

Talk To The Understanding DUI Defense Lawyers in Herndon VA

In today’s high-tech digital world, you need to hire a lawyer as soon as you can after your DUI arrest. Things move fast, and you need to talk to DUI defense lawyers in Herndon VA, with advanced credentials to present a powerful DUI defense strategy. Cutting-edge forensic and cyber training, complete knowledge of the criminal prosecution and defense process, and good old fashioned street smarts set the Boone Beale DUI defense lawyers in Herndon VA, apart from their competitors.


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Established in 1981, the Boone Beale law firm remains at the forefront of legal qualifications and training in DUI defense. Our DUI defense lawyers in Herndon VA, are active members of The National College of DUI defense, the Virginia Trial Lawyers Association, the National Association of Criminal Defense Lawyers, and the Virginia Association of Criminal Defense Lawyers.

We come highly recommended from clients and peers alike, with an Avvo rating of 10 (Superb) and an “AV (Preeminent)” rating from Martindale-Hubbell – the highest score for professional ability and ethical standards based on evaluations from peers.

DUI Defense Lawyers in Herndon VA

The area of DUI law is fraught with stories – currents of change driving harsh penalties backed by strong public sentiment and reams of statistics that paint a consistently hazardous future for those with DUI convictions. Don’t assume because you were arrested and charged with DUI that you have no chance in altering the outcome. Talk to the understanding DUI defense lawyers in Herndon VA, at Boone Beale about your case free of charge and find out what your options are.

While in law, as in life, there are no guarantees, we can assure you the expert DUI defense lawyers in Herndon Virginia at the Boone Beale law firm will do everything they can to help you win your DUI case in Herndon. Don’t delay – call Boone Beale today.

DUI Defense Lawyers in Herndon VA
DUI Defense Lawyers in Herndon VA

Your DUI Defense in Fairfax VA Begins Long Before the Courtroom

Contact the expert lawyers at Boone Beale for your DUI defense in Fairfax VA, as soon as can after being charged. You have no time to waste if you want to flush out every opportunity you have to minimize consequences, reduce your penalties, or fight to have your DUI charges dismissed.


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Whenever something serious happens in life – medical crisis, financial setbacks, legal trouble – you don’t say to yourself “I can handle this by myself.” You hire well-trained professionals who are highly credentialed, reputable experts in their field. When you choose a Boone Beale DUI lawyer to represent you, you get some of the most experienced lawyers in the DUI arena, known for creative and innovative DUI Defense in Fairfax VA. With over three decades of DUI case litigation, we bring well-honed skill sets and complete comfort with all those people that conduct the business of the judicial system in Fairfax County.

DUI Defense in Fairfax VA

Your DUI defense in Fairfax Virginia begins long before the courtroom. Believe it or not, most DUI cases, are resolved during the pretrial phase. Wait a day or more after your arrest and critical evidence may already be damaged or destroyed. At Boone Beale, we take great pains to investigate every fact, each piece of evidence, and every story narrative in search of every potential DUI defense tactic. Fairfax, VA residents facing the lifelong hardship of a DUI conviction on their criminal record can trust the highly-qualified DUI lawyers at Boone Beale to deliver a winning DUI defense in Fairfax Virginia.

DUI Defense in Fairfax VA
DUI Defense in Fairfax VA

Why Do I Need a DUI Attorney in Richmond VA?

Many people talk to us in their initial legal consultation about why it is important to hire a qualified, experienced DUI attorney in Richmond VA, after a DUI arrest. We often cite a number of powerful statistics and examples to demonstrate the immense value of hiring a highly-rated, exceptionally well-qualified DUI attorney in Richmond, VA. Below are a few of the simple reasons why a DUI attorney in Richmond, VA, can make an invaluable difference in your future.


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1.In the five years between 2007 and 2011 179,081 drivers were arrested for DUI. 9,260, or 20 percent, were repeat offenders. During the same period 83.1 percent, or 148,915 drivers, were convicted of DUI. The recidivism rate was 16 percent.

2.Virginia is one of fourteen states in the country to mandate ignition interlock requirements for all DUI offenses. Under Virginia law, “tampering or attempting to circumvent an interlock is a Class 1 misdemeanor.”

3.Virginia alcohol exclusion laws allow insurance companies to deny payment for medical treatment of injuries sustained by a driver convicted of DUI.

4.Only a court can restore your driving privileges after you have been declared a habitual DUI offender.

5.Repeat offenders face mandatory minimum jail terms ranging from 10 days to six months, depending on the time between DUI convictions, along with longer driving license suspensions.

6.Some of the penalties upon DUI conviction include heavy fines, possible court-ordered restitution, license suspension, Virginia ASAP, a jail sentence, confiscation of your vehicle, and eventual installation of an ignition interlock device. Proving reasonable doubt can lead to a reduction of charges or a complete dismissal of your DUI case.

7.Virginia requires drivers with DUI convictions to file an FR-44 Financial Responsibility Certification requiring you to carry auto insurance coverage at a much higher rate than most policy requirements.

8.BAC results over 0.15 and .20 respectively carry additional penalties.

9.If you are under 21, a repeat or habitual offender, or are involved in a DUI-related crash involving injuries or fatalities, the complexities of your case demand a highly-trained DUI attorney in Richmond VA, with an expansive background in criminal law and multidisciplinary knowledge of a cross-section of various legal specialties.

When you need an exceptional DUI attorney in Richmond, VA, call the highly-rated DUI experts at Boone Beale.

Hire a DUI Attorney in Fairfax VA, as Conviction Rates Increase

As soon as you are booked on DUI charges, call a qualified DUI attorney in Fairfax VA, to begin constructing your most powerful DUI defense. Gone are the days you could go before your local judge for a DUI alone with a manila folder and a humble apology. Today, driving under the influence of drugs or alcohol carries stiff consequences that can literally last a lifetime. With stakes so high, your situation demands a complex, aggressive, DUI defense strategy delivered by a skilled, veteran litigator. Only a licensed, specially-trained DUI attorney in Fairfax, VA, will have the knowledge, experience, and resources to present your best DUI defense.


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The push for harsher penalties for repeat DUI offenders and those convicted with higher blood alcohol content (BAC) began with Mothers Against Drunk Driving (MADD) in the 1980’s. From there, public sentiment caught fire. Nowadays it is imperative for anyone stopped and charged with DUI, especially a second or subsequent DUI charge, to hire the best attorney they can afford.

I hired a home contractor recently. Nice guy, does good work and came well-recommended. I asked how long he had been in the business and was shocked to learn he had been unable to obtain even entry-level positions (he’s in his 50’s with a family) in the workforce because of legal trouble, involving DUIs, he had over 25 years ago. Each conviction there for eternity, he carries a criminal sentence in black and white with him that he has to reveal each time he interviews for a job. That’s why you hire the best DUI attorney in Fairfax, VA, you can afford and you challenge each and every assertion by the prosecution, and argue every possibility, to establish reasonable doubt and beat your DUI charges.

DUI Attorney in Fairfax VA

Let me give you an idea of how things have changed for those charged with DUI. In 2004 the entire nation had adopted laws making it illegal to drive with a blood alcohol content (BAC) of .08 g/dL or higher. That year in Virginia there were 16,694 alcohol-related deaths, one every 31 minutes. 39% of total traffic fatalities in the Commonwealth that year were DUI-related. In 2012 the Division of Motor Vehicles (VA DMV) reported 28,719 DUI convictions in Virginia. “Most vehicle crashes involved drivers with a blood alcohol concentration (BAC) of .15 or higher – nearly double the legal limit,” according to the National Highway Traffic Safety Administration, or NHTSA.

By comparison, 10,076 people died in DUI crashes in 2013, one every 52 minutes, with 290,000 people injured in drunk driving accidents. The correlation shows as fatalities and injuries decline, DUI convictions are increasing. So are the number of Virginia residents needing the professional legal services of a competent, cutting-edge DUI attorney. Fairfax, VA, residents with pending DUI cases can contact a qualified, competent DUI attorney from the Boone Beale law firm for unparalleled DUI expertise. Contact Boone Beale and speak with a highly-rated DUI attorney in Fairfax VA with over 100 combined years of DUI litigation. Let us put our experience to work for you.