Fredericksburg DUI Lawyer

Virginia has some of the toughest DUI laws in the country, many of which involve minimum mandatory jail sentences, loss of driving privileges, and other serious consequences. DUI cases are often very technical, but there are a number of defenses that can be employed successfully against them. For this reason, it is important if you are facing charges to have a dedicated Fredericksburg attorney by your side who can play an integral role in reducing, or even dismissing, a DUI charge.

You face the potential loss of driving privileges and jail sentences when charged with a DUI. Such charges can also lead to insurance increases and could impact employment. Because of such consequences, an experienced Fredericksburg DUI lawyer is integral in increasing the possibility of getting  your DUI charge reduced or dismissed.

Benefits of Working with an Attorney

An experienced defense attorney can guide their client through the legal process following a DUI charge. Trying a DUI case or navigating that process is something difficult to do alone and an experienced Fredericksburg DUI lawyer makes many unknowns become known.

Another thing a DUI attorney will do is investigate the case and challenge the evidence the government has. Just because a police officer said something or recorded something in a written report does not mean what was said or written is true or persuasive. A lawyer knows how to challenge and dispute such claims in a manner benefitting their client.

The final thing a DUI lawyer can do is make sure their client’s rights have not been violated. In many cases, DUI charges involve violations of individuals’ Fourth, Fifth, and Sixth Amendment rights during the process of the stop and the arrest. Such violations must be pointed out and highlighted for the court. In most cases, these violations are important to result in a reduction or a dismissal of DUI charges.

Elements of a DUI

A DUI occurs anytime someone is operating a motor vehicle while under the influence of alcohol, drugs, or a combination of the two. The most common kind of DUI that warrants the attention of a DUI lawyer in Frederiskburg is an alcohol DUI, and the minimum level at which an individual is most frequently charged with a DUI is 0.08. However, a person can still be charged with DUI where their BAC is less than .08, though the government will no longer get a presumption (or what in Virginia is called a permissive inference) that the individual is under the influence from a test less than .08.

Enforcement

DUI stops and checkpoints are common in Fredericksburg. The police will set up checkpoints on the side of the road in order to check driver’s licenses, specifically in areas where it is difficult to see the checkpoint until it is too late to turn around, such as an exit ramp off of an interstate. They will also stop every other vehicle or every third vehicle in efforts to detect drivers driving under the influence.

Penalties for a First Offense

A first time DUI will likely result in a suspended jail sentence, meaning the convicted individual will not have to serve any jail time as long as they follow the other terms and conditions of their sentencing. Such terms and conditions include paying a fine, submitting to a 12-month loss of driving privileges, completing the VASA Program, or installing Ignition Interlock on a vehicle for a period of at least six months.

Contacting an Attorney

There are a number of ways in which local knowledge can assist in defending a DUI case. There are particularities to the judges, to the prosecutors, and to the police in every jurisdiction, and such particularities can be the crucial difference in a DUI case. An experienced Fredericksburg DUI attorney who knows these individuals and their particularities can have a significant advantage in constructing a successful defense.