Aggressive & Innovative Defense Strategies
Stafford Criminal Defense Lawyer
Fighting for Those Facing DWI or Reckless Driving Charges
Whether charged with DWI or reckless driving, the processes for resolving your case are complex. The Virginia criminal justice system has various rules and laws you must follow, and it can be intimidating making your arguments to a prosecutor, judge, and/or jury. When your reputation, relationships, and future are on the line, taking on your case alone can be overwhelming, as a misunderstanding or misstep can adversely impact the outcome. Fortunately, you have the right to counsel – an advocate on your side who will ensure that your voice is heard, rights are protected, and the case is competently handled.
Dischley Law, PLLC is a criminal defense firm in Stafford, VA. Our team is comprised of talented and knowledgeable attorneys with over 25 years of experience within the legal system. Delivering compassionate legal representation, we take the time to get to know you. We see you as more than a case number or criminal charge. To us, you are an individual who has found yourself in a difficult situation. Recognizing the challenges you may be facing, we provide clear and detailed responses to your questions and concerns, allowing you to make informed decisions about how your case proceeds.
If you’ve been accused of reckless driving or DWI, contact our Stafford criminal defense lawyers at (703) 215-9337 for the legal representation you need. Your initial consultation is free.
Fighting DWI Charges
Code of Virginia § 18.2-266 provides that a person violates the law when they operate a vehicle with a blood alcohol concentration (BAC) of 0.08 or more. Charges may also arise when an individual drives a car while under the influence of a drug and/or alcohol, meaning that the substance they consumed impaired their ability to drive safely.
Potential DWI conviction penalties are severe.
For example, a first offense is a Class 1 misdemeanor penalized by:
- Up to 12 months in jail (with a mandatory minimum of 5 days),
- Up to $2,500 in fines (with a mandatory minimum of $250), and/or
- Driver’s license suspension for 1 year
A second offense within 5 years is also a Class 1 misdemeanor, but the mandatory minimum jail term and fine increase to 20 days and $500, respectively.
Third and subsequent DWI violations are Class 6 felonies. The penalties increase substantially.
In a DWI, a person can also face sanctions even before their criminal case is decided. Under Virginia’s implied consent law, any person lawfully arrested for driving while intoxicated is deemed to have consented to provide a breath or blood sample for BAC analysis.
Refusing a blood or breath test the first time is a civil offense and can result in driver’s license suspension for 1 year. A second breath test refusal is a Class 1 misdemeanor, which can lead to the loss of driving privileges for 3 years in addition to other penalties that may be imposed. A second blood test refusal is a civil offense and can result in driver’s license suspension for 3 years.
Fighting a DWI charge requires a full understanding of the law and legal processes, as well as the methods used to determine BAC. Our Stafford criminal defense attorneys are intimately familiar with the judicial system. We know how to challenge driving while intoxicated allegations.
Defenses that can be raised in these cases include, but are not limited to:
- The stop or arrest was unlawful. The officer might not have had a justifiable reason to pull someone over or take them into custody.
- Performance on the field sobriety test was not due to alcohol. Factors such as environmental or health conditions may have caused the individual to struggle with the FSTs.
- The chemical test results were invalid. The machine might not have been calibrated or proper procedures not followed when taking or analyzing the blood or breath sample.
Defending Against Reckless Driving Charges
Under Code of Virginia § 46.2-852, reckless driving is defined as driving a vehicle “recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person…”
Generally, to do something recklessly means recognizing that certain actions can harm persons or property but engaging in the act without considering others’ safety.
Virginia’s broad definition of reckless driving can encompass a range of behaviors, including, but not limited to:
- Improper lane change
- Following too closely
- Weaving through traffic
- Getting into an accident
Reckless driving is a criminal offense carrying serious consequences. A Class 1 misdemeanor, it is punishable by up to 1 year in jail and/or up to $2,500 in fines.
Our criminal defense lawyers in Stafford are ready to leverage our skills to seek a favorable outcome in your case, such as dropped or reduced charges, mitigating potential penalties.
Schedule a Free Consultation Today
At Dischley Law, PLLC, members of our team have worked as prosecutors or liaisons for law enforcement agencies. Our Stafford criminal defense attorneys collaborate on cases to ensure that our clients benefit from our broad experience and legal insights.
To get started on your defense, call us at (703) 215-9337 or submit an online contact form today.
“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”- C.G.
“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.”- R.M.
“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.”- J.M.
Responsive. Assertive. Accomplished.
More reasons to Choose Our Firm:
We've Served Our Country & Community Through Military Service & As Former Prosecutors
We Have Over 30 Years of Combined Legal Experience
We Are Boutique Firm With Large Firm Experience & Reputation
We Use Knowledge, Strategy & Innovation to Produce Results
Our Firm Is Top-Rated & Award-Winning
Your Initial Consultation Is Free & Confidential