Despite not being the largest county in Virginia, Arlington boasts many bars and restaurants, making it a popular spot for locals and visitors alike to unwind. Arlington County stands out in the region with an abundance of happy hour deals and late-night bar options. Consequently, DUI enforcement is stringent in this Virginia county.
If you face a DUI or DWI charge in Arlington County, you likely have questions about the court proceedings, possible defenses, and the potential consequences. Unlike other states, such as Maryland and the District of Columbia, Virginia lacks a first-offender DUI disposition program, adding complexity to the situation and potentially putting much at stake.
If you’re facing a DUI charge in Arlington County, it’s wise to seek advice from an experienced Arlington County DUI attorney who can offer you a complimentary case evaluation. This step will likely reassure you, and an Arlington DUI lawyer may enhance your legal outcome.
If you require assistance, contact The Law Offices of Krum, Gergely, & Oates for a no-cost consultation regarding your case.
What Do I Confront?
If you face a DUI charge, you’ve probably been accused under Virginia code section §18.2-266 or §18.2-270. These code sections outline the components and repercussions of a DUI in Virginia. According to Virginia law, a first offense can result in up to 12 months of imprisonment, a maximum fine of $2,500, and a 12-month suspension of driving privileges. Additionally, completion of a 12-week Virginia Alcohol and Safety Awareness Class (VASAP) is mandated by the courts.
However, it’s crucial to note that these are the maximum penalties. Frequently, DUI cases are resolved with a $250 fine and no active jail time. In the event of a conviction, the individual must enroll in and complete ASAP (VASAP) classes, forfeit their driving privileges in Virginia for 12 months (with the option to petition the court for a restricted license), and install an ignition interlock device on any vehicle they own or operate. Given the serious stance on DUIs in Arlington County, prosecutors in Arlington are unlikely to downgrade a DUI or DWI to a lesser offense unless there are issues with the stop, arrest, or breathalyzer used to analyze the breath sample. Consequently, in the absence of legal justification, prosecutors will likely proceed with the charge as is, encompassing variations of the aforementioned consequences. The specific consequences tied to your case hinge on various factors.
Jail Duration
If you submitted a breath sample at the station and your blood alcohol level (BAC) registers below 0.15, mandatory jail time is not on the table. However, certain aggravating circumstances, such as an accident, may prompt a judge or prosecutor to pursue an active jail sentence. For BAC levels exceeding 0.15 but less than 0.20, a mandatory 5-day jail term awaits. Providing a breath sample with a BAC surpassing 0.20 results in a mandatory 10-day incarceration. During your complimentary consultation, our Arlington DUI Lawyer will assist you in assessing the likelihood of active incarceration, exploring available defenses, and navigating ways to sidestep mandatory time if your breath alcohol content is elevated beyond 0.15.
In Arlington, prosecutors not only consider elevated blood alcohol levels when assessing the appropriateness of jail time but also scrutinize other aggravating factors in your case. These factors may encompass high speed, perilous driving behavior, involvement in an accident, or confrontational and aggressive conduct during interactions with law enforcement officers on the scene.
License Suspension Consequences
In the event of a first-offense DUI conviction in Arlington County, your driving privileges in Virginia will be revoked for 12 months. However, this doesn’t necessarily mean you’ll be unable to drive for the entire duration. If you hold an out-of-state driver’s license, Arlington County cannot suspend it directly but can restrict your ability to drive within Virginia. Due to interstate contracts and reporting agreements among states, there’s a possibility that your home state will be informed of your DUI conviction in Arlington, Virginia. Consequently, your home state may opt to enforce the suspension. To assess the potential impact on your out-of-state license, it is advisable to consult with your Arlington DUI lawyer.
This doesn’t imply that walking or taking the metro are your only alternatives. Arlington County judges may grant a restricted license depending on your driving history. If authorized for a 12-month restricted license, additional requirements are likely. Arlington County mandates the installation of an ignition interlock device on your vehicle with this license. You must maintain the device for at least 6 months before petitioning the court for its removal, covering its costs and upkeep. During your free consultation, inquire with our Arlington DUI Lawyer about eligibility for a restricted operator’s license and potential restrictions.
Facing a first-offense DUI charge in Arlington or a subsequent one, reaching out to a DUI Lawyer in Arlington County is usually advisable. At The Law Offices of Krum, Gergely, & Oates, our Arlington County criminal defense attorneys provide complimentary consultations, outlining your rights and exploring possibilities for charge reduction.
What Are the Next Steps in DUI Defense?
When defending DUIs in Arlington County, the significance of timing cannot be overstated. Once you’ve engaged our services, we develop a comprehensive defense strategy for your case. Crafting an effective plan for representation demands careful consideration and time.
Upon retaining our firm, we promptly secure a copy of the police report and any available video evidence. In many counties, access to such materials is typically granted only on the first court date. However, Arlington stands out as one of the exceptions, allowing us early access to videos and police reports. This underscores the critical importance of promptly consulting with an Arlington DUI lawyer after your arrest. The expeditious initiation of our efforts enables us to promptly review reports and videos and formulate an effective defense strategy.
Arlington County operates on an open file discovery system, a rarity. This system enables our Arlington lawyer to engage with the prosecutor assigned to your case proactively. We can have them make the police report and video accessible for our review as soon as possible. It’s worth noting that if you wish to review the video with us, it can be done at the Arlington County Commonwealth Attorney’s office, as they do not provide copies for distribution.
What to Expect on Your Court Date
Given Arlington County’s provision for pre-trial review of discovery materials such as police reports and videos, your attorney is expected to be prepared to proceed with the trial during the initial court appearance. While the possibility of a continuance exists, it underscores the importance of securing the services of a proficient Arlington DUI lawyer early in the process. Arriving at court at least 30 minutes in advance is advisable, allowing time to locate parking and navigate through security at the rigorous Arlington County courthouse. Electronic devices, including computers, cell phones, and smart devices, are strictly prohibited within the courthouse premises.
If you and your Arlington criminal defense attorney opt for a trial, the case will initially be presented before a judge. In the event of a guilty verdict, there is a 10-day window to appeal the decision to the Arlington County Circuit Court. During this period, discussions with your attorney can be initiated regarding the preference for a judge-only or jury trial.
For assistance following a DUI charge in Arlington County, The Law Offices of Krum, Gergely, & Oates may offer support in potentially reducing or dismissing your charges. Contact us today at (703) 988-3711 for a complimentary consultation.
What if This Isn't My Initial Offense?
During your complimentary consultation, ensure you disclose any previous DUIs you’ve incurred in the past 10 years. Your Arlington DUI Lawyer will explain how these prior charges may impact your situation. Virginia code section §18.2-270 broadly outlines the repercussions for subsequent DUIs/DWIs.
Second DUI/DWI Offense Within Five Years
If this marks your second offense within five years, it’s crucial to contact an Arlington DUI lawyer at our firm to explore the implications of a second conviction. Arlington prosecutors treat second offenses with heightened seriousness, increasing the likelihood of incarceration. A DUI/DWI second offense within five years mandates a minimum fine of $500 and a mandatory jail term of 20 days. This doesn’t include additional mandatory jail time if you registered an elevated blood alcohol level at the station. Furthermore, your driving privileges in Virginia will be suspended for 36 months, and you won’t be eligible for a restricted license for at least one year. Additionally, you must have an ignition interlock system installed and maintained on your vehicle for at least six months.
Second DUI/DWI Offense Within Five to Ten Years
In the event of a second DUI offense within five to ten years, any resulting conviction will mandate a minimum fine of $500 and a mandatory imprisonment term of 10 days. It’s important to note that this penalty does not encompass any compulsory jail time linked to an elevated blood alcohol level recorded at the station. Moreover, your driving privileges in Virginia will be suspended for 36 months, and you are ineligible to apply for a restricted license for at least four months. Additionally, installing and maintaining an ignition interlock device on your vehicle will be mandatory for at least six months.
What Options Exist to Avoid Mandatory Jail Time for a Second Offense?
If you are facing charges for a second DUI offense, contact a criminal defense attorney at the Law Offices of Krum, Gergely, & Oates. To establish guilt for a DUI second offense in Arlington within five to ten years, the prosecution must prove a prior DUI/DWI conviction. Specific legal criteria must be met to demonstrate a previous DUI conviction; if the prior conviction occurred out of state, it may not qualify. Our Arlington DUI/DWI attorneys can analyze the details of your case, formulate a tailored legal strategy, and explore avenues to mitigate or avoid the consequences you are facing potentially.
Require Legal Assistance? Reach Out to a Virginia DUI Lawyer
If you need legal assistance following a DUI charge in Arlington County, the professionals at The Law Offices of Krum, Gergely, & Oates are available for a complimentary consultation. In this discussion, you’ll have the opportunity to review your case with a seasoned DUI attorney serving Arlington, who will enlighten you about your rights, the advantages and disadvantages of contesting the charge, and the potential ways we could assist you once they provide you with additional information on what to anticipate in court.
Get in touch with us today at (703) 988-3711.