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Fairfax DUI/DWI Attorney

Experienced Defense Against DUI/DWI Charges in Virginia

When facing DUI/DWI charges in Virginia, it's vital to have a skilled and experienced legal team by your side. Dischley Law, PLLC is dedicated to providing top-notch legal representation for individuals confronting such serious charges. Our Fairfax DUI/DWI lawyer understands the complexities of these cases and is committed to helping clients navigate the legal system with confidence.

Call Dischley Law, PLLC today at (703) 215-9337 or contact us online to schedule a consultation with our DUI/DWI lawyer in Fairfax.

Virginia DUI/DWI BAC Limit

In the state of Virginia, driving under the influence (DUI) or driving while intoxicated (DWI) is a serious offense. The legal blood alcohol concentration (BAC) limit for adults is 0.08%. For drivers under the age of 21, any detectable level of alcohol in the blood can result in DUI charges. It is important to note that Virginia has strict DUI/DWI laws, and being found guilty of violating these laws can lead to severe outcomes.


As every former prosecutor knows, the most serious cases handled in the Traffic Division of the Fairfax General District Court are DWI or DUI cases.  Whether a blood DWI | DUI or breath DWI | DUI, Attorneys Patrick O’Brien and David J. Dischley know how to effectively challenge all aspects of the government’s case against you.  We are experienced in giving you thoughtful advice to help you mitigate and win these serious DWI | DUI Cases. 

If you have been charged with a DWI or DUI in Fairfax, there is a lot that can be done to mitigate the offense.  For a first offense in Virginia, with a BAC under a .15, jail is not likely.  Fairfax prosecutors will almost always offer you what is known as a standard first offense disposition.  This is a 30 day suspended jail sentence and a $500 fine with $250 suspended. The suspended jail time and portion of the fine will be conditioned on your enrollment in and successful completion of Fairfax Virginia Alcohol Safety Action Program (VASAP).  Additionally, your license must be suspended for 1 year but a restricted license is frequently granted and permits you to drive anywhere as long as you have a certified and functioning ignition interlock system. 

For offenses with a BAC greater than a .15 or .20, or subsequent DWI offenses, dispositions can vary.  However, mitigation can play a key role in keeping you out of jail or minimizing the impact.  Remember, no DWI case is without legal issues and the attorneys at Dischley Law, PLLC will strive to put you in the position where we have an array of choices on how to proceed with your case.  If you have been charged with a DWI or DUI in Fairfax, call us today.  We are skilled at handling first offenses, second offenses, and third or subsequent offenses.   

Defenses Against DUI/DWI Charges

Some common defenses against DUI/DWI charges may include:

  • Improper Stop: If law enforcement did not have a valid cause to stop your vehicle, it could be possible to challenge the entire case.
  • Field Sobriety Tests (FSTs): Challenging the accuracy and reliability of FSTs is common in DUI/DWI defense. Factors such as weather conditions and medical issues may impact test performance.
  • Breathalyzer Accuracy: Contesting the reliability of breathalyzer tests is a key defense strategy. Breathalyzer devices need to be properly calibrated and maintained to produce accurate results.
  • Miranda Rights Violation: If law enforcement fails to notify you of your rights during the arrest, it may impact the admissibility of statements made during the arrest.

Contact our Fairfax DUI/DWI Lawyer Today

If you are facing DUI/DWI charges, time is of the essence. The consequences of a conviction can be very intense, impacting various aspects of your life. Don't navigate the legal system alone—trust our Fairfax DUI/DWI attorney to fight for your rights. We will review the details of your case, explain your legal options, and work tirelessly to build a robust defense on your behalf. Our commitment to excellence and unwavering advocacy sets us apart as the go-to legal team for those confronting DUI/DWI charges.

Contact Dischley Law, PLLC, today to get started with our Fairfax DUI/DWI attorney.

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  • We've Served Our Country & Community Through Military Service & As Former Prosecutors
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  • I chose Dischley Law in part because they are a Veteran-owned firm, but also because of their competitive fees and the compassion they demonstrated as I described my case during the consultation
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  • After receiving a Reckless Driving summons in Fairfax, VA, I contacted a number of lawyers. I found my conversation with Dischley Law to be the most helpful and comforting.
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  • You will not find a more caring and proactive attorney in your search for effective representation. David gets right to the heart of the case, finds the defenses, and presents them at the right time.
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