The goal of any DUI Lawyer Fairfax VA trusts is to win the case. A lot of lawyer websites make you think that they always win. But that is simply not the case. For people who were legitimately stopped by the police (e.g. speeding or improper turn), obviously intoxicated (e.g. totally failed their field sobriety tests), and took the breathalyzer resulting in reading above .08, then unless the attorney can find some kind of glaring problem (e.g. breathalyzer was not serviced or calibrated properly, or the arrest was done outside the police officer’s jurisdiction to name just two of many), people do get convicted. Then, the goal of your Virginia DWI / DUI attorney is to minimize punishment. I often tell my clients that while the Commonwealth of Virginia is looking to punish them, your punishment should not be losing their job or putting them in a position where they cannot take care of their families.
In Virginia, it is rare for the first offender with a blood alcohol level below a .15 (and where the driving behavior did not endanger anyone) to get even one day in jail. For multiple offenders, offenders with blood alcohol levels above .15, or offenders with dangerous driving behavior, jail is likely and in many cases mandated by the Virginia Code.
But there are many other restrictions, classes, and hassles that come with a DUI. Your DUI Lawyer Fairfax VA, should be able to explain all of these to you. Whether your case is in Fairfax or another jurisdiction, all of the following apply:
The Virginia Code requires all people convicted of Virginia DUI / DWI to lose their driver’s license for one year. It can be reissued back to the driver as a restricted license. This restricted license is in the form of a green sheet that lists all the places and hours you can drive. There are specific reasons a person can be allowed to drive. Some of the most common work, during work for work purposes, Court, ASAP, ignition interlock installation and periodic calibration, school, church, and medical appointments. Also allowed is driving for childcare purposes such as daycare, school, and medical appointments. If your hours of work/school, etc. change, you will need to change the hours on your license. You can do it on your own. Just go to court, fill out the driver’s license restricted driving form, and go before the Judge. That way you won’t have to pay a lawyer.
In Court, if convicted, you will need to give your Virginia license to the Court. Between 30 – 60 days after court, you need to go to the DMV and get a plastic license and show them proof of high-risk insurance. This is called SR-22/FR-44 high-risk insurance. Don’t be scared, if your current insurance won’t give it to you, if you shop around you can find it for an affordable price. They will give you a license that has an “R” on it designating it for “restricted” driving. This plastic license AND your green sheet will be your license.
Finally, after one year is up, go to the DMV and pay a reinstatement fee and get your permanent license without the “R” designation for restricted.
A few final things. Every DWI / DUI Lawyer in Fairfax VA should tell everyone who gets convicted of DUI the consequences of violating the rules. That way, if a client gets in trouble and claims ignorance, the lawyer can say, “I know I told you because I tell everyone”: Do not drive in Virginia in violation of the terms of your sentence. If caught, it will be nearly guaranteed that you will go to jail. Secondly, follow all the requirements of ASAP, no matter how dumb or mundane they seem. If you do not, you may likely go to jail.
The goal is to win! But when winning is not possible, hiring an experienced Virginia DWI / DUI attorney is needed to minimize punishments.