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Serving Northern Virginia
Since 1995

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Providing Aggressive DUI Representation

DWI and DUI is arguably the most complex criminal statutory scheme. In addition to a dozen statutes, a drunk driving lawyer must be well-versed in constitutional issues, scientific matters, the EC/IR II breath machine, reviewing DFS documents for breath testing, defenses on blood testing, impairment by alcohol versus drugs, obtaining detailed discovery, negotiating with prosecutors who are unwilling or reluctant to reduce or dismiss such charges, and more. If you have been accused of a DUI, the attorney you choose to represent you can be pivotal in the strength of your defense — and the outcome of your case.

At MacDowell Law Group, P.C., our lawyers take an aggressive approach to DUI defense, and they take great pride in going the extra mile for clients throughout Northern Virginia.

We handle all types of drunk driving cases, including (but not necessarily limited to) cases involving:

Virginia DUI Arrests, Cases And Penalties: Important Information For The Accused

We understand how important it is to get answers about your rights and case after a DUI arrest (or after DUI charges have been filed). To help you get the information you need, the following presents some helpful answers to frequently asked questions about Virginia DUI arrests, charges, cases and penalties.

Please don’t hesitate to contact us in Fairfax when you are ready for more answers related to your situation and case. Our lawyers are ready to talk to you and help you start figuring out your best DUI defense options.

Will I Lose My License After A DUI Arrest?

Yes, simply being arrested (before you even go to court) results in an administrative license suspension, following a DWI arrest in Virginia. The term of this suspension will depend on whether you have any prior DUI convictions and whether you refused blood alcohol content (BAC) testing at the time of the DUI stop. The following table outlines the various DUI license suspensions that can be imposed following an arrest and before the case is resolved.

Offense Submitted to BAC Testing Refused BAC Testing
1st DUI Seven days One year
2nd DUI 60 days or until trial
(whichever comes first)
Three years
3rd DUI Until the trial date Three years

If you are convicted of the DUI charges, the court can sentence you to an additional license suspension.

How Many Points Is A DUI?

A DUI conviction in Virginia will add six points to your driving record. These points will remain on your record for 11 years. Six points will also be added to motorists’ driving records in Virginia for the following offenses:

  • BAC test refusals
  • DUI involving drug impairment
  • DUI involving injuries or manslaughter
  • Driving on a suspended license following a DUI conviction

Is DUI A Felony Or Misdemeanor?

According to Virginia law, when DUIs don’t involve any aggravating factors, first- and second-time DUI charges will typically be misdemeanors. A third DUI, or a DWI involving a serious injury or death, will generally be a felony.

Can A DUI Attorney Help Reduce My Charges?

Depending on the circumstances of your DUI, a lawyer may be able to help you get the charges reduced to a “wet reckless” that carries lesser penalties than a DUI. This tends to be more likely with first-time DUI charges/cases that:

  • Do not involve any aggravating factors
  • Involve BAC levels just under or at .08 (i.e., the legal limit in Virginia).

Here, it’s essential to point out that:

  • A wet reckless conviction will be viewed as a prior DUI if you are ever arrested for or charged with a subsequent DUI.
  • A lawyer can review the details of your case and tell you whether reduced charges are a possibility.

Do I Need A DUI Lawyer?

Yes — and not just any DUI lawyer. There are many inexperienced lawyers who take on DWI clients, often charging low fees and performing below the standard any accused person deserves — do not risk hiring such lawyers. Before you sign a retainer agreement, consult with the lawyers at MacDowell Law Group, P.C. You need a lawyer with extensive experience defending people against DUI charges. You need a DUI attorney at MacDowell Law Group, P.C. While our lawyers always tailor their defense services to the specific circumstances of the accused (and his or her case), just some of the ways we can help you include by:

  • Obtaining toxicology reports and data from the new Breathalyzer unit (the EC/IR II)
  • Examining potential constitutional challenges to evidence in DUI cases
  • Conducting comprehensive discovery
  • Meticulously preparing for trial, leaving no stone unturned in our effort to craft you the strongest possible defense case.

Make Sure You Have The Best DUI Defense. Contact Us Today.

If you have been accused of any type of DUI, call an experienced Fairfax DUI lawyer at the MacDowell Law Group, P.C., at 571-748-5647 to get your defense started as soon as possible. You can also email us using our online intake form. We offer FREE initial consultations in DUI cases.