Justia Lawyer Rating
Martindale-Hubbell - Peer Reviewed badge
Avvo Client's Choice Award 2019 - Bret Danwill Offan Lee
Avvo Client's Choice Award 2019 - Benjamin N. Griffitts
Martindale-Hubbell - Client Champion Platinum 2019
Avvo Client's Choice Award 2017 - Michael Andrew Robinson
Super Lawyers badge - Michael A. Robinson
Super Lawyers Risnig Stars badge - Michael A. Robinson
Avvo Client's Choice Award 2019
Avvo Client's Choice Award 2019
SuperLawyers - Selected in 2022
Rated by Super Lawyers 2022

Alcohol DUI

Experienced Fairfax County DUI Defense Lawyers Aggressively Defending Clients Charged with Driving Under the Influence of Alcohol

Driving under the influence of alcohol is one of the most common crimes in Virginia, with over 15,000 people being convicted of a DUI each year. On top of that, Virginia has some of the toughest DUI penalties in the country, which often includes jail time—even for those convicted of a first-time DUI. However, just because you’ve been charged with a DUI offense doesn’t mean that you’re guilty, and it certainly doesn’t mean you’re going to be convicted. At the Robinson Law Firm, PLLC, our dedicated Fairfax criminal defense lawyers have decades of experience keeping our clients out of jail and on the road. We take a strategic approach to every case we handle, ensuring we reach the best possible result in each of our clients’ cases.

What Are Virginia’s Alcohol DUI Laws?

It probably doesn’t come as a surprise that driving under the influence of alcohol is illegal in Virginia. However, there is a lot to know about the state’s alcohol DUI laws, some of which aren’t intuitive. For example, while the maximum allowable blood-alcohol content in Virginia is .08, you don’t necessarily need to have a BAC of .08 or more to be arrested for a Virginia DUI offense. This is because state law provides several different ways someone can be charged with DUI, including:

  • Driving with a blood-alcohol content of .08 or more;
  • Driving while “under the influence” of alcohol;
  • Driving under the influence of drugs; or
  • Driving under the combined influence of drugs and alcohol.

In terms of an alcohol DUI, this means there are two ways you can be convicted. First, you provide a breath or blood test that confirms your blood alcohol content is .08 or greater. And second, even without a blood or breath test, a judge or jury believes you were under the influence of alcohol.

Of course, prosecutors would prefer to have chemical test results in every case, as having blood or breath test results makes their job much easier. However, it’s relatively common for the prosecution to bring DUI charges without this evidence. For example, prosecutors may bring DUI charges against a driver without chemical test results in any of the following scenarios:

  • The driver refused chemical testing;
  • Law enforcement was unable to administer a blood or breath test, for example, because the driver was seriously injured in an accident;
  • The blood or breath sample was illegally in violation of the driver’s constitutional rights; or
  • There was a problem with the way in which the test was conducted that affected its reliability.
Alcohol DUI Penalties

In many cases, alcohol DUI cases are punished more severely than drug DUI cases. This is because Virginia law contains mandatory minimum sentences when a driver’s blood alcohol content is above certain levels. For example, a first-time alcohol DUI is typically a class 1 misdemeanor punishable by up to a year in jail, a fine of at least $250, and a 12-month driver’s license revocation. The good news is that there is no mandatory jail time, so a judge can use their discretion to sentence a first-time DUI offender to probation.

However, if you have a high BAC, the same maximums apply, but you may face mandatory jail time. For example, if your BAC was more than .15, you’ll the judge must sentence you to at least five days in jail. And, if your BAC was over. 20, the judge must sentence you to 10 days in jail.

Are You Facing DUI Charges in Virginia?

If you were recently arrested and charged with a Virginia alcohol DUI, it is important to remember that there are defenses available and that now is not the time to give up hope. At Robinson Law, PLLC, our Fairfax DUI defense attorneys have extensive experience handling complex and high-stakes DUI cases. We are often able to help our clients avoid the worst consequences of a DUI conviction through diligent investigation, strategic negotiation, and aggressive litigation. To learn more and to schedule a free consultation today, call (703) 844-3746. You can also connect with us through our online contact form. We proudly represent clients in Fairfax, Loudon, Stafford, and Suffolk counties, as well as throughout Northern Virginia.

Client Reviews
Very excellent firm, I would definitely recommend their services to ANYONE looking to hire great representation in the Northern Virginia area. My son was charged with felony robbery and mob assault, which is now simple assault. This was my first time hiring an attorney and I have No regrets. If you are looking for excellent representation here you are. Tynesha B.
Informative, responsive and helpful in handling a traffic case and getting fines reduced. The rates for retaining representation were very reasonable too. I highly recommend using their services! Leslie F.
Not only did Mr lee reduce my charges, he also went beyond and filed a motion to the judge and obtained permission for me to travel. He was available whenever I had questions leading up to my case and always had a game plan. I am very satisfied with what he did for me. Marjan B.
Quick response not only to my initial questions, but also in the follow up to my case. Robinson Law, PLLC team were excellent to work with. Thank you! Susan
Very excellent firm, I would recommend anyone in the Northern Virginia area to obtain their services. Ben really helped me in hard times through my case and represented me the whole time time. He was very easy to get in touch with and diligent in his work. Now I finally have my life back and can move on to a better future. Thanks again for everything true life savers. Herbo T.