A Guide to Fighting a DWI in Virginia
Driving under the influence in Virginia is a serious offense that typically results in a Class 1 misdemeanor. After a DWI arrest, it is important to consider the following steps to best protect yourself.
Do Not Contact the Police
When stopped for a traffic stop or after the traffic stop occurred, remember that you have a right to remain silent under the Fifth Amendment of the U.S. Constitution.
Make a Record of the Events
It is important to record everything that happened after the event occurred. For example, you should write down:
- Where the traffic stop was initiated;
- Any statements made, including by the police officer;
- The weather and road conditions that day;
- Any instructions the police officer gave you;
- Anything that felt out of the ordinary;
Any details that you can recall is important to write down right away.
Consult with an Experienced DWI Attorney
An experienced Fairfax DWI attorney may be able to assist you in getting a favorable resolution for your case. With an experienced attorney, it is possible to get the charges dismissed or reduced to a lesser charge.
Potential Outcomes of a DWI
- First Offense Penalties – Virginia Code § 18.2-270 outlines the penalties when convicted of a DWI in Virginia. A DWI is a class 1 misdemeanor that can result in a jail sentence up to 12 months, a fine between $250 to $2,500. Additional penalties may occur based upon blood alcohol concentration.
- Loss of License – Virginia Code § 18.2-271 outlines the mandatory 12-month loss of license after a DWI conviction. There are options to request restricted driving privileges within that 12-month period.
- Alcohol Safety Action Program (ASAP) – Upon a conviction of a DWI, enrollment into the ASAP program is required. This program identifies and provides appropriate services to offenders convicted of driving under the influence, or other substance abuse-related charges.
- Insurance – Once convicted of a DWI, Virginia drivers must report the conviction to their insurance providers. To do so, the DMV has a form, FR-44 for financial responsibility certification of high-risk insurance classification. A convicted driver who fails to file an FR-44 form may not regain legal driving privileges.
- Reducing or Dismissal of Charges – An experienced DWI lawyer will do their best to receive a favorable outcome for a defendant. In some cases, the charges may be amended to a lesser charge, such as a reckless driving. In other cases, there may be valid reasons that the case warrants a dismissal, such as unlawful traffic stops or prohibited search and seizure of evidence following a stop. As such, every case will have different circumstances and defenses.
Potential Defenses of a DWI in Virginia
- Unlawful Traffic Stops – To conduct a traffic stop, a police officer must have reasonable articulable suspicion that an individual is engaged in unlawful activity. Without reasonable articulable suspicion, the remaining evidence of the stop may be inadmissible. Some examples of reasonable articulable suspicion include speeding, running a stop sign, or driving the wrong direction on the road.
- Improper Field Sobriety Tests – When conducting field sobriety tests, instructions must be clearly given and if not properly complied with than this evidence may be inadmissible. For example, if the officer does not properly explain the one-leg stand to you, then it may not be used in Court.
- Improper Breath or Blood Tests – While conducting the breath or blood tests to determine blood alcohol concentration, instructions must be clearly given under the Virginia Code, and failure to properly comply with the procedures may result in the breath or blood test to be inadmissible in Court.
Conclusion
In conclusion, DWIs can have serious legal implications and a potential jail sentence. Briglia Hundley has extensive experience defending against DWI charges in court aggressively and effectively to obtain the best results possible.
This blog post is intended to overview the nature of DWI arrests in Virginia. Individuals who seek help with a DWI should contact Briglia Hundley, P.C., at 703-883-0880.
The information in this blog post may not reflect the current law in your jurisdiction. No information in this blog post should be interpreted as legal advice and the blog post is not intended to be a substitute for legal counsel.
About Us
Briglia Hundley was founded in 1993 and practices throughout the mid-Atlantic region. Our practice features attorneys listed as “Legal Elite” by Virginia Business magazine, named to Super Lawyers, and listed in Best Lawyers.
We are a forward-thinking law firm that relies upon our experienced and energetic attorneys to meet the legal needs of our clients reliably and responsibly in Virginia, Maryland, and the District of Columbia.
Contact Briglia Hundley
Tysons Corner Office
1921 Gallows Road, Suite 750
Tysons Corner, Virginia 22182
Telephone: 703.883.0880
Fax: 703.833.0899
