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Leesburg DUI Defense Attorneys

Lawyers for Drunk Driving Charges in Leesburg, Virginia

If you are arrested for DUI in Leesburg, Virginia, you may face life-altering consequences. From hefty fines and the loss of your driver's license to potential jail time, the penalties for driving under the influence of alcohol or drugs can be harsh. In these situations, you need a strong defense attorney on your side to help you determine how to proceed. Whitlock Law, LLC provides dedicated legal representation to help you protect your rights and determine how to resolve your DUI case successfully.

Our DUI lawyers can advise you on the best strategies for success based on your unique situation. We will examine the evidence, challenge any procedural errors, and ensure that law enforcement and prosecutors are held accountable to the highest standards of the law. Whether negotiating reduced penalties or helping you defend against a conviction in court, our team will advocate for you throughout the process.

DUI Penalties in Virginia

Virginia law imposes strict penalties for DUI convictions, and the consequences increase in severity with each offense.

First-Time DUI

A first DUI conviction in Virginia can result in:

  • A fine ranging from $250 to $2,500.
  • A revocation of your driver's license for one year.

A blood alcohol concentration (BAC) of 0.15% or higher will result in mandatory jail time of at least five days, even for a first offense.

Second DUI Offense

Penalties for a second DUI include:

  • Fines ranging from $500 to $2,500.
  • A three-year revocation of your driver's license.
  • A jail sentence of up to one year.

If a second conviction occurs within 10 years of a first conviction, you will be required to serve a minimum sentence of 10 days in jail. A second conviction within five years will require a minimum 20-day sentence. A blood alcohol concentration of 0.15% or higher will also result in a minimum 10-day sentence.

Subsequent DUI Offenses

For those with three or more DUI convictions, the penalties are even more severe:

  • A minimum fine of $1,000.
  • Indefinite revocation of your driver's license.
  • Mandatory jail time, with a minimum of 90 days for a third conviction within 10 years or a minimum of six months for a third conviction within five years. A fourth or subsequent DUI conviction carries a mandatory minimum sentence of one year.

Factors That May Affect a DUI Case

At Whitlock Law, LLC, we will carefully examine the circumstances of a DUI arrest to determine whether it may be possible to challenge the evidence or use other defense strategies. We can address:

  • Field Sobriety Tests: During a traffic stop, a police officer may conduct a number of physical tests, which are meant to provide them with probable cause so that they can arrest a driver for DUI. These tests are not always reliable methods of evaluating whether a person is intoxicated, and they may be affected by issues like uneven pavement, medical conditions, or even nervousness. Our lawyers will look at how these tests were conducted to identify any issues that may allow us to question their reliability.
  • Breath Tests: Breathalyzers are commonly used to measure a driver’s BAC. Even though these devices are believed to be reliable indicators of whether a driver was intoxicated, they are not infallible. Errors in calibration, maintenance, or administration of tests can result in inaccurate readings. Our attorneys will review records and other information to determine whether the accuracy breath test results can be questioned.
  • Blood Tests: Lab tests of blood samples taken after a DUI arrest are often considered to be more accurate than breath tests, but they must be conducted according to strict protocols. Chain-of-custody errors, improper storage of samples, or contaminations in labs can affect the results. Our lawyers can look at how blood samples were handled and how tests were conducted to determine whether this evidence can be challenged.

Leesburg DUI FAQs

Q

Can I Refuse a Sobriety Test During a DUI Arrest?

Answer: When you have been stopped by a police officer, you are not required to take any sobriety tests at the side of the road. You can politely decline to participate in field sobriety tests or provide a preliminary breath sample for a roadside breathalyzer test. While refusal to take a roadside test will not result in any penalties, it could give an officer a reason to perform an arrest for DUI. However, after being arrested and taken to a police station, you will be required to submit to breathalyzer or blood tests. Under Virginia's implied consent laws, refusing a breath or blood test will result in the suspension of your driver's license for one year.

Q

What Happens if I Am Under 21 and Charged With DUI?

Answer: Virginia has a zero-tolerance policy for underage drinking and driving. Drivers under 21 with a BAC of 0.02% or higher can face DUI charges. An underage driver who is convicted of driving with a BAC between 0.02% and 0.08% will have their driver's license suspended for one year, and they will be required to pay a fine of $500 or perform at least 50 hours of community service. An underage driver who is convicted of driving with a BAC of 0.08% or more will face the same penalties as an adult driver who is convicted of DUI.

Contact Our Leesburg, Virginia DUI Lawyers

When you are facing DUI charges, Whitlock Law, LLC will provide the guidance, support, and legal representation you need to defend against a conviction and protect your future. We will work diligently to defend your rights and minimize the potential consequences you may face. Contact us at 703-576-5005 to schedule a free consultation.

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