Prince william county dui arrests

14.02.2020
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Basics of Facing a DUI Charge in Prince William County

Penalties for first time DUI offenders are that you lose your license for 12 months. You will be eligible to get it reinstated on a restricted basis so that a person can go to and from work, school, or whatever else is necessary in your case and is permitted by statute.

Generally, there is suspended jail time. If the BAC is .14 or less, they will not usually serve active jail time but rather it will all be suspended. They will have to go to ASAP, which is Virginias Alcohol Safety Action Program for evaluation and possible treatment. If they are going to drive on a restricted basis, they are going to be required to have an ignition interlock placed on their car for at least 6 of the 12 months that their license is suspended. As to whether there are divergence programs or probation for First Offenders, the answer is simple no. That just doesnt happen in Prince William County.

All cases of this nature are going to be heard the Prince William County Courthouse, including any related license suspension hearings.

Length of a DUI Case

Once you get your court date, your court date is probably going to be anywhere from 4 to 8 weeks from the time that you are arrested. Whether or not it goes forward on that court date depends on a number of factors including the availability of Commonwealth witnesses and whether test results are back from the lab in blood cases. In some instances, that first court hearing is treated more like an opportunity for the person to try to work out some kind of a deal.

In many cases, the government is ready to go to trial on that first court date. So barring the continuance on the part of the defense you shouldexpect the whole thing should be wrapped up within 2 months.

Sentencing

The judges in Prince William County go by the book with regards to sentences. Most are required by statute so they have no choice to comply with those. There is really not a lot of judicial flexibility with regards to sentencing on DUI cases. There are many different types of DUI cases that have mandatory minimum sentences that are required. In most cases in Prince William County if one of those mandatory minimums is triggered the judge will stick to the minimum but certainly they are not bound to the minimum and if there are aggravating factors such as an accident involved or someone is injured then clearly the judge has leave to go above what is considered mandatory minimum sentence.

Finding an Experienced Attorney

It is important to find an experienced attorney because a lot of these cases deal with fact patterns that might be unique and you need somebody who has some credibility in that courthouse. Specifically, you need somebody who knows the judges and prosecutors well enough to go in and say, Hey, listen this case is unique and here is why and here is the thing that sets it apart. You need somebody that has the credibility to pull that off. You are only going to get that with experience having your name out there.


prince william county dui arrests
prince william county dui arrests




Prince William County Criminal Defense and DUI Lawyer

If you find yourself the subject of a criminal investigationor if you have been arrestedyour first step should be to protect your right to silence and insist upon your right to an attorney. Hiring a lawyer as quickly as possible might help to ensure that your rights as a defendant are protected throughout the legal process. Negotiating bail to keep you out of jail, motioning for a dismissal of unsupported charges, giving sound legal advice, protecting your rights during an investigation, suppressing illegally obtained evidence, and challenging the states evidence against you are all key ways a criminal defense attorney might help you throughout your case.

Criminal Lawyer in Prince William CountyWhether you are charged with a misdemeanor or a felony, it is important to secure effective criminal defense counsel and representation. The consequences of a conviction can be severe, and you deserve a fighting chance to beat the charges. An experienced Prince William County criminal defense and DUI lawyer will listen to your side of the story and work with you to determine the best defense approach to help you achieve the most favorable outcome in trial. Our veteran team of defense attorneys can help by:

Call our well-versed team today to conduct your free consultation and take the first step toward defending yourself against criminal charges.

Criminal Chargesin Prince William County

The Prince William County criminal defense and DUI lawyers at our firm have successfully defended clients facing a wide spectrum of criminal charges. For example, our attorneys are familiar with the local roads, which is helpful when defending a DUI or traffic ticket, but they are equally adept at defending individuals accused of various drug, sex, fraud, or violent crimes.

For a full understanding of which legal areas we can help with, you may call our offices directly.

Understanding the Difference Between Misdemeanors and Felonies

In the Commonwealth of Virginia, criminal offenses are classified as either misdemeanors or felonies. The distinction lies in the perceived severity of the crime and the physical, financial, or emotional impact it has on the victim or victims of the offense.

Felony offenses are considered the most serious and are broken into 6 separate classes, each with its own specific penalties.Misdemeanor offenses are considered lesser offenses and are broken into 4 classes, with a Class 1 misdemeanor being the most heavily punished of misdemeanor offenses. Some misdemeanor offenses include reckless driving and traffic violations in Prince William County. A felony conviction will typically carry a heavier penalty than a misdemeanor offense, and from the smallest-scale misdemeanor to the most heinous of felonies, the difference in punishment is substantial making it important that a Prince William County criminal defense attorney is contacted.

Felony Convictions

Misdemeanor Convictions

When a person is convicted of a crime, their penalties will be handed down at a sentencing hearing. The judge will take various factors into consideration before assigning a penalty for the specific crime of which they were found guilty. Whether a felony or a misdemeanor, any criminal conviction results in a permanent criminal record that can have a number of adverse impacts upon ones personal reputation and future opportunities. A conviction also carries immediate penalties such as hefty fines, incarceration, and a number of other consequences that apply to the nature of the specific crime.

Therefore, anyone facing the potential for a conviction should not leave their future to chance. With the help of a skilled legal professional, you may be able to resolve your case successfully, with a dismissal, acquittal, or reduced charges and penalties for the crime with which you are presently charged.

How an Attorney Could Help With DUI Charges

In Virginia, a person can be convicted of driving under the influence (DUI) if he or she has a blood alcohol concentration (BAC) of 0.08 percent or higher. In some casesif a driver is under 21 or a commercial driver with a CDL, for examplea DUI arrest may come with a much lower BAC.

Unfortunately, many people do not realize that there are often strong defense options available, even with the breath analysis test indicating a BAC over the limit. As a result, there are several reasons to contact a Prince William DUI and criminal defense attorney as soon as possible after an arrest:

  • Immediately upon arrest for drunk driving, the drivers license will be subject to an automatic license suspension (ALS). This means that the driver will lose his or her license for a designated period of time, even before having his or her day in court. A legal professional could work to get a persons driving privileges reinstated
  • Even if a blood or breath test shows your BAC to be 0.08 or higher, an attorney can challenge the results of that test because of miscalibration or poor maintenance of equipment or faulty lab procedures
  • A lawyer may even be able to challenge the legality of the traffic stop that led to a persons arrest. Without probable cause, law enforcement may not pull a person over or conduct field sobriety tests

If someone is facing these charges, it might be beneficial to reach out to a criminal defense lawyer who is knowledgeable in Prince William County DUI charges.

DUI Penalties

Virginia DUI penalties depend upon a number of factors, including whether the charge is for a first offense or subsequent offense, whether the driver was transporting a juvenile, and whether the drivers BAC is significantly elevated. Virginia Code Section 18.2-266 is the state law against driving while impaired or under the influence of alcohol or drugs, while the penalties for a drunk driving conviction are described in Section 18.2-270.

In general, the first offense of DUI is a Class 1 misdemeanor, with the possible penalties upon conviction being a year in jail and a fine of up to $2,500. Typically, the penalties for driving under the influence are far less than the maximum allowed by law. However, Virginia law does provide mandatory minimum fines and jail terms for first offenses under certain conditions:

The penalties for second and subsequent offenses vary depending on the span of time between the preceding charge and the current charge. A third offense within 10 years is a Class 6 felony, while a fourth conviction carries a mandatory minimum sentence of one year in prisonmaking contact with a tenacious Prince William DUI lawyer imperative. In addition to fines and jail or prison time, a DUI conviction may bring with it other legal and administrative penalties:

Although penalties for intoxicated driving can be quite severe, a legal professional could advocate on an accused individuals behalf, working to find solutions that work for their unique case.

How Prince William County Criminal Defense and DUI Attorney Could Help

Whether you are arrested as the result of a careless mistake or lapse in judgment or whether you find yourself wrongfully accused of a crime, you are entitled to effective assistance of counsel. That means you have the right to a Prince William County criminal defense and DUI lawyer who will work diligently to protect your rights under the law and to uphold your fundamental presumption of innocence. Call a legal professional today to learn how we can help protect you by working to build your defense and bring your case to a successful resolution.

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