Have you been told that it is not possible to win a DUI/DWI in Virginia? If so, you were not likely talking to an Aggressive Manassas DUI Law Firm. Any experienced trial attorney knows that a Not Guilty verdict at trial is possible. Why is that? It is because the court only judges the evidence and testimony that is presented and properly admitted to the court. While the chances of success at most criminal trials is relatively low, it is always a possibility. Your chances of success and a victory increase with an experienced DUI attorney.

When a person is facing a DUI/DWI charge in Virginia they need to know what to expect, the strengths and weaknesses of their case, and possible outcomes. We know when a client comes to our office there is great uncertainty and they need as much quality information at the very first consultation as possible. For many, there is great fear from this type of charge, mostly because many people believe that is not possible to win against a DUI and DWI charge in Virginia.

Individual Initial DUI Consultation

During our individualized initial consultation, we work to provide potential clients a realistic perspective on their case. Our consultations are typically between 30 mins and 60 mins. The attorney handling the consultation will listen to the facts of your case, ask questions to clarify what occurred and discuss possible outcomes and legal issues. It is very important that during this initial consultation that you come prepared to ask all the questions you have. Many times, a person gets very involved with discussing the facts of their case that they forget the important questions they really want answered. You likely will want to know if you will have a suspended license, are you going to face jail time, should you have allowed breath testing, or if you will be charged with traffic violations. If prior to the consultation you are able to write down what occurred and your questions, your free consultation with your Manassas DUI attorney will be very meaningful and helpful experience.

The calculation of whether you will be successful at trial does not end at the consultation. Your legal representation and our staff will get to work. We work with you to get more information about your case. The criminal defense lawyer will get discovery and any videos that might be available. Legal research and investigation into the dui arrest and driving charge is conducted. The final decision of whether to take your case to trial, is your decision. Working with a Virginia criminal defense attorney will help you know exactly the best decision for you and your future.

Experienced trial attorneys, such as each of the hand-picked attorney’s at the Law Offices of Battlefield Law Group PLLC, know how and what it takes to get a Not Guilty verdict at trial. You need an attorney who is not going to just walk you through a guilty plea. You need a trial attorney to properly assess your individual case so that you are able to make informed decisions.

DUI/DWI and Unreasonable Refusal charges can have very serious implications on your family, career and future. The chart below addresses the misdemeanor consequences imposed by the statue, if convicted.

Consequences For DUI In Manassas If Convicted

Charged Offense Maximum Punishment
DUI/DWI 1st Offense
  • Fine: $250 – $2500
  • Up to 12 months license suspension
  • Mandatory Incaceration 5 days (if BAC > .15); 10 days (if BAC > .20)
  • May immediately request a restricted license
  • Enrollment and Successful Completion of VASAP
  • Ignition Interlock device Mandatory; (optional in DUID cases)
All DUI/DWI 2nd Offenses
  • Fine: $500 -$2500
  • Jail: 1 month to 1 year possible
  • Enrollment and Successful Completion of VASAP
  • 3 year license suspension
DUI -2nd Offense in 5-10 years
  • Jail: Mandatory 20 days; 30days (if BAC > .15); 40 days (if BAC > .20)
  • May request a restricted operators license after 4 months
DUI -2nd Offense within 5 years
  • Jail: Mandatory 20 days and up to 12 months
  • May request a restricted operators license after 12 months
Unreasonable Refusal 1st Offense
  • 12 months no operator’s license
  • May request a restricted operators license after 30 days, if issued VASAP
    Referral and Ignition interlock device required.
Unreasonable Refusal 2nd Offense
  • 3 years no operator’s license
  • Jail: Up to 12 months
  • Fine: Up to $2500
Underage DUI
  • Fine: Up to $2500
  • Jail: 0 to 12 months
  • One Year with Possible Restricted License
  • Eligible for VASAP Referral
Sometimes you may find yourself in difficult situations and not be able to defuse the situation without going to court. Our team leverages the robust legal expertise of working in different courts and legal systems. You can simply ask our lawyers in our company what those are and how you can benefit from them.

***ELEVATED Blood Alcohol Content (BAC) results in additional mandatory jail. If the BAC is between a .15 and .20 there is an additional 10 mandatory jail days added and if the BAC is above a .20, there are 20 additional mandatory jail days.

If a person is found guilty of both DUI/DWI and Unreasonable Refusal, the license suspension will run concurrently. This means that a person will first not have the ability to get the restricted license, under the refusal statute and then can only attempt to get a restricted license once the license suspension begins for the DUI/DWI conviction.

At Battlefield Law Group PLLC, we are more than a law firm. We are a family. We are a team. We are former prosecutors and award-winning criminal and traffic attorneys. Those are just some of the words people in Prince William County use to describe our defense lawyers. Here are the words we hear:

  • “Thank you”
  • “You don’t know what this means to me”
  • “You saved my life”
  • “You saved my business”

At our law firm, our clients come first. We cherish the fact that we have the best client reviews in Prince William County and in most of Northern Virginia. We’re proud of that. We’ve worked hard for that. We’re still working hard.

Take a moment to read our firm overview and you will see that our clients come first. We defend clients for all types of criminal defense including reckless driving, drug charges, traffic tickets, traffic offense, involvement in a car accident, multiple dui arrests, DWI reckless driving, serious traffic offense, suspension of drivers license, personal injury, domestic violence, sex crimes, and other criminal offenses. We also have attorneys practicing law in the related practice of child custody and family law, as well as proving legal advice with legal forms, estate planning, civil litigation and business law.

We relish in the reputation we’ve earned for our law firm and our attorneys. We’re respected. Make no mistake, that reputation is well-earned. Whether we are defending someone in a DUI case, a drug criminal case or doing battle in a heavily contested divorce and custody/visitation case, we fight hard. We do it because results matter. They matter to us. They matter to our clients.

The experience attorneys at Battlefield Law Group PLLC are successful, award winning Virginia drunk driving defense attorneys. Our Law Firm is committed to you and your future. We have the knowledge, experience, and are determined to help you achieve the best outcome possible with your driving under the influence case. Call us today and schedule your 100% confidential consultation.

Proudly serving Prince William County, City of Manassas VA, Fairfax County, City of Fairfax, Culpeper County, Loudoun County, Stafford County, Dale City, Woodbridge, Bristow, McLean, Louisa County, Greene County, Madison County, Herndon, Reston, Arlington, Alexandria, Orange County, Fauquier County, Front Royal, Manassas Park and all Northern Virginia and Surrounding areas. Please call us for availability.

There are many advantages for a client who is represented by experienced DUI lawyers. A driving under the influence attorney starts looking at the facts of the case with the idea of what a trial might look like rather than talking about how to plea you guilty to a DWI. First thoughts to a criminal and traffic lawyer attorney are:

  • Are there 4th Amendment or 5th Amendment violations and therefore suppressible evidence?
  • Did the officer administer NHTSA Standardized Field Sobriety Tests properly?
  • Was there breathe sample or is the officer claiming Unreasonable Refusal?
  • Was there a blood test and was it done properly?
  • Does the client have any medical conditions that would affect physiology or toxicology?
  • What was the location of the police encounter?
  • What was the timing of events?
  • MOST IMPORTANTLY, what does the client say happened?

The information that a client provides to a DUI/DWI trial attorney is important and vital information for a lawyer. Dedicated, determined, and committed lawyers use this information to prepare for trial and cross-examination of an officer.

THE LAW OFFICES OF NAUM ESTEVEZ IS READY TO GO TO TRIAL

Also, if trial ends up not being the right course of action for your goals of the case, an attorney that is prepared to go to trial is more likely to get you the best possible plea agreement for your case. After all, why would a prosecutor offer you a sweetheart deal if they believe that they can prove their case and they have no reason to offer you something other than what you are charged with?

NO TWO DUI DEFENSE CASES ARE THE SAME

If you have ever been told that every DUI/DWI case is the same, then you have been told a lie.

  • FACT – not all cases involve alcohol or illegal drugs. This is startling to many people. Yes, you can be arrested, charged and found guilty of DUI Charges on lawfully doctor prescribed drugs taken in the proper dosage. Additionally, it is perfectly lawful for an adult to consume an alcoholic beverage and drive or operate a motor vehicle so long as they are not under the influence of that beverage.
  • FACT – every case has different facts. No two people or situations are completely identical because there are many variables that surround a DWI defense. One change in any fact can be the difference between a Guilty or a Not Guilty verdict.
  • FACT – who is prosecuting the case and who is hearing the case can make a big difference in an outcome. A trial attorney knows the counties they practice in, knows the judges and knows the prosecutors. This knowledge helps you make the best and most informed decision.

This is a very complex area of law. And while no one can guarantee or say for sure what the outcome of your case will be, an experienced trial attorney who practices regularly in the world of DUI/DWI in Virginia will give you an advantage in your case. Additionally, trial attorneys know that communication is paramount to a successful trial. If you want an attorney that listens, cares and respects what occurred when you encountered with the police officer, then you want one who is preparing for a potential trial. We are listening closely to each and every word our client says.

UNDERSTAND DUI AND DWI LAWS IN THE STATE OF VIRGINIA

A first-time offense is very different from a third and the result or lack of result from a breath or blood test will change the possible outcomes. You need to have a specialized consultation that is specific to you and the best information will be obtained from an attorney who practices regularly in DUI / DWI law in Virginia.

VIRGINIA CRIMINAL CODE § 18.2-266 – DRIVING UNDER THE INFLUENCE

“It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth. ”

IMMEDIATE LICENSE SUSPENSION WARNING

Upon arrest, a suspect’s driver’s license may be immediately administratively suspended for a duration that depends on whether this is a first, second or subsequent DUI / DWI offense. If they wish to contest this administrative license suspension, an accused must appear and petition the court.

PROTECT YOUR MONEY AND YOUR REPUTATION IF CHARGED WITH A CRIMINAL OFFENSE

Once convicted, a DUI / DWI may cause insurance rates to rise sharply. You will be required to carry FR44 insurance in Virginia if you are convicted and want to continue to drive. You will need to carry this additional and expensive insurance for at least 3 years. The financial costs to a DUI/DWI are significant and include:

  • No less than a $250.00 fine but up to $2500 (for a first offense) plus court cost which start at over $200.00;
  • Enrollment in ASAP which is no less than $400.00;
  • Installation and monthly monitoring of an ignition interlock device which is no less that $300;
  • Increased insurance rates
  • Hiring a taxi or Uber for driving that is not covered by your restricted license.

If this is a second (or subsequent) offense, the carrier could cancel an auto insurance policy. Those convicted of a DUI / DWI are ordered to have an ignition interlock device installed in their vehicle, even if this is a first offense if they wish to have a restricted license. The minimum amount of time that this device must remain on their vehicle is six months.

Contact Our Office Today

Meet the experienced trial attorney team at Battlefield Law Group PLLC for complete and personalized representation when it matters the most. We look forward to meeting you for a consultation on the phone or in our office. Contact our office today and schedule an appointment with your Virginia DUI attorney.