Ashburn, Virginia DUI Defense Lawyers

Trusted Defense Attorneys Representing Clients Accused of Drunk Driving in Ashburn

It can come as a shock to be pulled over and charged with a DUI after only a few drinks. In some cases, the accused driver may not have been drinking at all. No matter the circumstances, if you have been accused of drunk driving, the smartest thing you can do is to reach out to an Ashburn DUI defense lawyer who can inform you of your rights and represent you in court.

At Arrested for a DUI, LLC, we can put up an aggressive defense against drunk driving charges in Virginia. We will go through your case in detail, considering all possible strategies to protect you in court.

Penalties for DUI in Virginia

Virginia treats a DUI as a serious criminal charge, and the penalties can escalate quickly based on your record and the circumstances behind the arrest. A first offense is typically charged as a Class 1 misdemeanor. If convicted, you face numerous potential punishments, such as a year of incarceration, high fines, and a one-year license revocation, along with alcohol education courses. Additionally, many drivers must install an ignition interlock device if they seek restricted driving privileges during their suspension.

Repeat offenses raise the stakes. A second DUI within a shorter period carries mandatory minimum jail time, and courts often impose longer revocations and stricter requirements before a person can drive again. A third DUI within a 10-year window can be charged as a felony, punishable by one to five years in prison. Even when jail time is not ultimately imposed, the case can still affect security clearances, professional licensing, commercial driving eligibility, and insurance costs for years.

Aggravating Factors in Drunk Driving Cases

Some DUI cases are treated as more severe because specific facts increase the risk to the public, or because the law requires additional punishment. A higher BAC is one of the most common aggravating factors. Virginia law imposes mandatory minimum jail time when the BAC falls at or above certain thresholds, even on a first offense. A BAC of at least 0.15 but not more than 0.20 can trigger mandatory days in jail, and a BAC above 0.20 increases that mandatory minimum further.

Other aggravating circumstances in a DUI can include causing an accident resulting in an injury or driving with a minor passenger. Refusing a blood or breath test after an arrest for DUI carries further license penalties, potentially resulting in a suspension of driving privileges for one year or more.

Defenses to a DUI Charge in Ashburn

Defending against DUI charges often begins with analyzing the traffic stop. If the officer did not have a valid reason to stop your vehicle, the defense may challenge the evidence that was obtained afterwards. The same principle applies to the detention itself. A traffic stop cannot become an open-ended fishing expedition without legal justification for expanding the investigation.

From there, the defense focuses on proof. Field sobriety testing is subjective, and performance can be influenced by nerves, fatigue, injury, uneven pavement, weather, or medical conditions. Video evidence can matter more than the officer's narrative, because it can show whether the claimed "clues" appear as dramatic as they sound on paper.

Chemical testing can be challenged as well. Breath testing depends on proper observation, correct operation, and reliable equipment. Blood testing raises chain-of-custody issues, handling procedures, and lab methodology. Furthermore, BAC can rise after driving, and a later test result does not always reflect the BAC at the time you were behind the wheel.

Meet With an Ashburn, Virginia DUI Defense Attorney

A DUI arrest in Ashburn can move fast, and early missteps can follow you throughout the case. For that reason, seeking strong legal representation is critical. Call 301-479-5466 or contact our Ashburn, Virginia DUI defense attorneys at Arrested for a DUI, LLC today to arrange your free consultation. Our attorneys are fluent in English and Spanish.