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DUI and DWI Defense in Northern Virginia

So you got a DUI/DWI - now what?

Ensure You Have an Experienced DUI/DWI Lawyer by Your Side.

Don't face DUI or DWI charges alone – contact The Virginia Justice Group today to ensure you have the specialized legal representation you need to safeguard your future. Your attorney is here to help you understand your rights, explore your legal options, and work towards the best possible outcome in your case.

Protect your freedom and your future – reach out to us now for expert guidance and support.

FREE DUI / DWI CONSULTATION

Virginia has some of the harshest penalties for DUIs in the entire country.

Virginia Justice Group DUI/DWI penalty comparison chart showing types of crime, fines, jail time, and mandatory jail time for various offenses related to driving under the influence, including misdemeanors and felonies, based on blood alcohol concentration and offense frequency.

A first offense DUI is a Class 1 misdemeanor, which means that you can face up to one year in jail, up to a $2,500 fine, and a 12-month suspension of your driver’s license. The Blood Alcohol Concentration (BAC) limit for most drivers in the Commonwealth of Virginia is 0.08% or 0.08g/210L. Drivers under 21 years old face a stricter BAC limit of 0.02% or 0.02g/210L. Even if you had below a 0.08% BAC, you can still be arrested and prosecuted for a DUI if there is cause to believe that the alcohol in your system impaired your ability to operate a vehicle.

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Additional DUI Penalties

In addition to the penalties outlined above, anyone convicted of a DUI will be required to:

  • Enroll in and complete the Virginia Alcohol Safety Action Program (a.k.a. “VASAP”)

  • Have an ignition interlock device installed on their car for at least 6 months

  • If your DUI is with an elevated BAC (either 0.15% or 0.20%), you could be facing mandatory jail time if found guilty

  • If this is not your first DUI, you could be facing even more mandatory jail time or even a felony conviction

  • There are also separate penalties for refusing the breathalyzer test including an additional one-year loss of license plus 30-days without a restricted license (no driving for 30 days)

  • All the DUI penalty enhancements are outlined in the Virginia Code. There are also separate penalties for refusing the breathalyzer test.

DON'T FACE YOUR DUI ALONE - CALL NOW (703) 289-0442

Strategy Points

  • The Constitution requires that police officers have a good reason to pull you over. This is called reasonable suspicion. If the officer in your case did not have reasonable suspicion to pull you over in the first place, that can be a reason to have the entire case dismissed

  • Field Sobriety Tests (or FSTs) are completely voluntary in Virginia. FSTs are also designed to be administered in a very specific way, or else they may be unreliable. Officers are also trained to observe certain clues of intoxication during the FSTs. If the officer told you that you had to take the FSTs, if the officer performed the FSTs incorrectly, or if you did not demonstrate the clues of intoxication during the FSTs, we can use that evidence to challenge the prosecution’s case.

  • The Constitution requires police officers to have sufficient evidence, known as probable cause, to make an arrest. At the time of your arrest, if the police officer did not have enough evidence to establish probable cause, we can challenge the arrest to have the case dismissed.

  • Many people think that if they blow above a 0.08%, that they are going to be found guilty. That’s not always true. Breathalyzers are required to be maintained and operated in specific ways. Even when the breathalyzer is maintained and operated properly, there is often a margin of error that can effect the outcome of some cases. If we can show that the breathalyzer was improperly maintained, improperly operated, or that the margin of error affected your reading, we can use this to exclude or attack the BAC results in your case.

“Excellent service provided by an experienced attorney. From the onset, Mr. Nuciarone made himself available for questions and answers. The ease of his availability was key! All conversations/meetings, were very detailed with pertinent information regarding the case to ensure clarity and expectations. Strongly recommend his services and the firm.”

— ANONYMOUS DUI CLIENT

Areas We Serve

Prince William County, Virginia

Manassas, Gainesville, Haymarket, Nokesville, Manassas Park, Woodbridge, Lake Ridge, Dumfries, Occoquan

Fairfax County, Virginia

Fairfax, Centreville, Chantilly, Fair Lakes, Reston, Herndon, Vienna, Tysons, Great Falls, McLean, Springfield, Burke, Annandale, Falls Church, Fairfax Station, Clifton, Lorton

Fauquier County, Virginia

Warrenton, Vint Hill, New Baltimore, Bealeton, Catlett, Broad Run, Marshall, The Plains, Midland, Remington, Calverton, Opal

Loudoun County, Virginia

Leesburg, Sterling, Ashburn, South Riding, Broadlands, Purcellville, Aldie, Lansdowne, Brambleton, Lovettesville, Round Hill, Hillsboro, Hamilton

Stafford County, Virginia

Stafford, Aquia Harbor, Falmouth, Fredericksburg

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