Fairfax Felony DUI Lawyer

Fairfax felony dui lawyer - fairfax felony dui attorneyAs a Fairfax felony DUI lawyer, I can tell you that most DUI’s are charged as misdemeanors However, there is one other classification of DUI that has harsher penalties. In Virginia, a person can be charged with Felony DUI if (1) they cause death or injury; (2) they have any prior felony DUIs; or (3) they have three or more DUIs within the past 10 years. Importantly, irrespective of whether the prior DUIs occurred in Virginia or in another state, they will be treated as prior DUIs for the purpose of repeat DUI sentencing. If you have been arrested or charged with a felony DUI, you will want to contact a Fairfax felony DUI attorney immediately. If you are being charged with common, and not felony DUI charges, see our Fairfax DUI Lawyer page. 

Felony DUI Sentencing

As far as sentencing goes, a Felony DUI can carry as much as a 5-year prison sentence. However, the mandatory minimum for Felony DUI in Virginia is 90 days in jail if it is a third DUI within a 10-year period, or 180 days in jail if it is the Third DUI within a 5-year period.

What to Do if Charged with Felony DUI

If you have been arrested for DUI, and have had two prior convictions for DUI, you need an aggressive, skilled, and knowledgeable Fairfax felony DUI lawyer to help you fight these charges. Felony DUI charges are quite serious and the severity of the sentencing is reflective of that seriousness. These types of charges require an aggressive, dedicated, and savvy Fairfax felony DUI lawyer to help you obtain the best outcome possible.

Avoiding a felony DUI conviction can prevent you from suffering consequences which could ultimately destroy your life, your employment prospects, and your ability to support your family. Whether the charges are dismissed or reduced as a result of a plea agreement, or you ultimately prevail after taking your case to trial, retaining a knowledgeable, aggressive Fairfax DUI attorney is the first step towards helping you avoid the horrible consequences associated with a felony DUI conviction.

Some common DUI defenses include:

Presence of Mouth Alcohol

Rising BAC

Breathalyzer Inaccuracies

Field Sobriety Tests Do Not Always Prove Impairment

Alcohol and Drugs Are Not The Only Causes of Bad Driving

An Example of How a Fairfax Felony DUI Lawyer Can Help You Fight Your Case

Todd is driving from Washington, D.C. towards his home in Fairfax when he is pulled over for speeding by the Virginia State Police. Four years ago, while a college freshman, Todd was arrested for his first DUI after leaving a party. Two years ago, after leaving a Memorial Day party where he had been drinking, Todd was again pulled over and arrested for DUI. As an important aside, Todd is prescribed Ativan to help treat anxiety.

Upon being pulled over, the State Police officer does not see any signs that Todd has been drinking. But given Todd’s prior DUI convictions (which the officer discovered when running Todd’s driver’s license), the officer asks Todd to perform a number of field sobriety tests. Although the accuracy of these tests are far from perfect, Todd takes the tests anyway. However, Todd is having trouble keeping his balance. Todd is asked to perform a breathalyzer test. Because Todd hasn’t been drinking, his result reads 0.00. The officer asks Todd if he takes any medication. Todd states that he takes Ativan which was prescribed by his psychiatrist. Todd is arrested for DUI and is told he needs to provide a blood sample. Todd is charged with his third DUI in Fairfax County Circuit Court. Todd’s hires a Fairfax felony DUI attorney who can raise a number of arguments on Todd’s behalf.

Todd’s Fairfax felony DUI attorney will argue that, first, unlike alcohol, there is no legal, medical, or scientific “limit” when it comes to drugs. Consequently, the prosecutor cannot simply rest on the presence of the drug in Todd’s system alone. Instead, the prosecutor must actually prove that the drug’s level was high enough to negatively effect Todd’s ability to safely operate a motor vehicle. Todd’s Fairfax felony DUI lawyer will further argue that the effects of Ativan and other anti-anxiety medications are difficult to detect and tolerance to the drug can be built rapidly. Todd’s Fairfax felony DUI attorney can confer with expert witnesses and call them to testify on Todd’s behalf where they will explain to the jury, in plain English, that there is no possible way to determine whether Todd’s medication actually impaired his ability to safely operate a motor vehicle. As a result, a jury finds Todd not guilty.

Contact a Fairfax Felony DUI Attorney Today

Avoiding a felony DUI conviction is incredibly important as a conviction will result in mandatory jail time. Contact the Law Offices of Randall Sousa today for a free consultation with a Fairfax felony DUI lawyer. We will fight relentlessly to help you obtain the best outcome possible. 571-354-6164

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The Law Offices of Randall Sousa provides clients throughout Virginia with affordable, professional, and aggressive criminal defense legal services. If you have been arrested, charged with a crime, or are under investigation, call us now for a Free Consultation.

Fairfax Criminal Defense Attorney Randall Sousa possesses a deep commitment and passion for criminal defense, and he is relentless when it comes to fighting for his clients in each and every case.

Fairfax Criminal Defense Attorney and DUI Lawyer Randall Sousa

Law Offices of Randall Sousa

3007 Williams Drive
Fairfax, VA 22031
Phone: 571-354-6164
Secondary phone: 571-328-6825


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Law Offices of Randall Sousa
2920 District Avenue Suite 524 Fairfax, VA 22031

Phone: 571-354-6164