Frequently Asked Questions About DUI Charges in Fairfax County
Facing a DUI (Driving Under the Influence) charge in Fairfax County can be a daunting experience. At Dischley Law, PLLC, our experienced Fairfax DUI attorneys — including David Dischley, a Marine Veteran with intelligence community experience, and Patrick O’Brien, a former prosecutor who trained law enforcement in DUI law — are ready to help. Below are answers to the most frequently asked questions we hear from clients.
1. What constitutes a DUI in Fairfax County?
In Virginia, a person can be charged with DUI if they operate a vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher, or if they are under the influence of alcohol, drugs, or a combination that impairs their ability to drive safely.
2. What are the penalties for a first-time DUI offense?
A first-offense DUI in Fairfax County is a Class 1 misdemeanor. Potential penalties include:
- Fines up to $2,500
- Jail time up to 12 months (although actual jail is rare for first offenses with low BAC)
- 12-month license suspension, with possible eligibility for a restricted license
- Mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP)
3. Can a DUI charge be reduced or dismissed?
Yes. A skilled DUI attorney can challenge the legality of the traffic stop, the accuracy of BAC testing equipment, and any procedural mistakes made during the arrest. In some cases, this leads to a reduction to a lesser charge, like reckless driving, or even a full dismissal.
4. What is “implied consent” in Virginia?
Virginia’s implied consent law means that by driving on Virginia roads, you automatically consent to chemical testing (breath or blood) if lawfully arrested for DUI. Refusal of these tests results in an automatic license suspension and may lead to additional penalties.
5. How long does a DUI conviction stay on my record?
A DUI conviction in Virginia stays on your criminal record permanently. On your driving record, it stays for 11 years and carries 6 demerit points.
6. Can I refuse field sobriety tests?
Yes. Field sobriety tests (like the walk-and-turn) are voluntary in Virginia. However, refusal could lead to the officer arresting you based on other observations. Always remain polite and know that declining these tests is within your rights.
7. Will I need to install an ignition interlock device?
Yes. If you are convicted of DUI and receive a restricted license, Virginia law requires you to install an ignition interlock device in any vehicle you drive.
8. What happens if I’m charged with DUI while a child is in the car?
A DUI with a minor in the vehicle carries enhanced penalties, including mandatory minimum jail time and increased fines.
9. What’s the process after a DUI arrest?
After an arrest, you will be processed and given a court date. Your first appearance (arraignment) happens in the Fairfax General District Court, where you’ll be advised of your charges and your right to an attorney. After that, your attorney will work to review evidence, file motions, negotiate with prosecutors, and prepare for trial if needed.
10. What are the common defenses to a Fairfax DUI?
Common defenses include:
- Challenging the legality of the initial traffic stop
- Questioning the accuracy and calibration of breath testing equipment
- Highlighting inconsistencies in police reports
- Arguing lack of probable cause for arrest
An experienced Fairfax DUI lawyer will evaluate the specific facts of your case to determine the best defense strategy.
Why Choose Dischley Law?
At Dischley Law, PLLC, we bring unique experience to DUI defense:
- David Dischley: Marine Veteran, former Assistant Commonwealth’s Attorney, and former intelligence community advisor.
- Patrick O’Brien: Former prosecutor with over a decade of experience, known for training law enforcement officers on DUI law and procedures.
Together, we offer aggressive, strategic defense focused on protecting your rights, your record, and your future.
Need Help? Contact Dischley Law Today.
If you’re facing a DUI charge in Fairfax County, don’t go through this alone. Contact Dischley Law, PLLC today to schedule your free consultation.
📞 Call: (703) 215-9337
🌐 Visit: www.dischleylaw.com