DUI

DUIs are criminal charges; they are misdemeanor offenses in Virginia.  If you are convicted of driving under the influence, you are subject to 1 year in jail and a $2,500 fine.  A DUI conviction in Virginia can have some very negative and permanent effects to your criminal record.  Once you are convicted of a criminal charge, it will remain on your permanent record and can not be expunged.  If you are charged with a DUI you must consult and retain an experienced DUI attorney immediately. Most DUI cases go to trial within 30 days.  Beware of discount lawyers! Always remember the saying, “You get what you pay for.”

You run the risk, with a conviction or poor plea bargain, of having this on your record for the rest of your life. In Virginia, a DUI conviction cannot be expunged from your record. This charge will follow you and can possibly prevent you from getting a job in future. In some cases, a DUI conviction can even cause you to lose your current job!

Johnson and Flores will fight to make sure that these negative things don’t happen to you.

We have a DUI department set aside to specifically handle these cases. We have had unparalleled success in eliminating or drastically reducing these charges, often resulting in reckless driving pleas, attending an alcohol education program, or simply walking away from the courthouse completely free.  Driving under the influence defense is a very specific area of the law that requires an attorney to specialize in DUI defense in order to keep up with the even changing laws.  It is in your best interest to retain a law firm that has a specific focus on and knowledge of DUI law and defense, like Johnson and Flores.  The results of your breath test will probably be the most significant evidence against you in your case. The Intoxilyzer 5000 breath test machines are the crown jewel of the prosecutor’s evidence.  As a skilled drunk driving defense attorney, I have successfully challenged breath results and, in some cases, had them thrown out of court altogether.

Johnson and Flores has handled hundreds of DUI cases with success over the years.  James Johnson is a member of the National College for DUI Defense.  All of our DUI attorneys stay abreast of all case law, development, and science behind DUI defense.  CALL TODAY to speak with one of our experienced DUI Attorneys  about your case.

Potential Consequences of a DUI Conviction

A DUI conviction can result in staggering penalties, including:

·         Jail time

·         Loss of license

·         Large, four-figure fines

·         Alcohol treatment and AA requirements (ASAP)

·         Possible ignition interlock devices attached to your automobile

·         Liability for future felony prosecution (if convicted of 3^rd or 4^th DUI offense in 10      years)

[Penalties for repeat DUI convictions are even more severe.]

§18.2-266 DUI

By statute, it is illegal to operate a motor vehicle in the Commonwealth of Virginia while under the influence of alcohol or drugs. Under the influence is defined as having a BAC (Blood Alcohol Content) of .08 or greater. The prosecution can also seek a conviction without having a registered BAC. The court will rely on testimony from the arresting officer as to the Defendant’s condition at the time of the arrest. A strong cross-examination by your attorney is imperative in this situation.

§18.2-270 DUI with an Elevated BAC

By statute, if you have an elevated BAC, that is, if your BAC is greater than .14, then you must serve mandatory jail time.  Even if you are charged with your first offense of DUI, you must serve a mandatory jail sentence if you are CONVICTED of a DUI with an elevated BAC.

• If you have a BAC of .15 to .20, there is a mandatory 5 day jail sentence
• A BAC of greater than .20 requires a mandatory 10 day jail sentence

If you have been charged with DUI with a BAC of .15 or higher, then you MUST speak with an attorney immediately.  An experienced attorney can usually get the jail time reduced, or even waived by the Prosecutor. 

Multiple DUI offenses

§18.2-270 DUI after a prior Conviction for DUI within last 10 years

If you have been convicted of prior driving under the influence charges, you are subject to elevated jail sentences. Consult with an attorney immediately so that your rights can be protected.

Federal DUIs

Because of the proximity to our nation’s capital, Prince William contains a high percentage of federal land, or land owned by the United States government. Driving under the influence of drugs or alcohol is a federal crime if it occurs on federal land. Federal land could be a military instillation such as Fort Belvoir or Quantico or in a National Park. When a person is arrested for a DUI on such land, it is considered a Federal DUI. Different laws govern different typed of federally owned land.

DUIs on National Park lands are prosecuted by the National Park Service.  Under the laws of the NPS, DUIs are misdemeanors punishable by up to six months in jail, $2,500.00 fine, and probation for up to five years

DUIs on military instillations are governed by the laws of the Commonwealth of Virginia

 

DUI/DWI/Drunk Driving	Drug Charges
Reckless Driving	Theft/Extortion/Burglary/Robbery
Assault/Battery	Resisting Arrest
Sex Crimes	Parole Violations
Larceny/Theft	other Felonies
Money Laundering/Fraud	other Misdemeanors