Driving While Intoxicated
Fairfax County DUI and DWI Lawyer
Everyone makes a mistake. You should not be treated like a criminal just because you made one mistake. If you have been arrested for drunk driving in Virginia, you want to do everything you can to keep your license and minimize the potential consequences. At the Annandale offices of Lawrence T. Brooke, Attorney at Law, we represent individuals who have been charged with DUI or DWI.
Criminal Defense for Everyday People
Contact Lawrence T. Brooke, Attorney at Law
For anyone charged with a DUI or DWI in Virginia, you must understand that being drunk and being intoxicated are not the same thing. Everyone who drinks knows what it means to be drunk. Being legally intoxicated, on the other hand, now means having a blood alcohol level of .08 or more.
In Virginia, the legal limit for drunk driving used to be .15, then it was lowered to .10, and now it is .08. The limit for intoxication has changed over the years partly due to the fact that it has no relation to medical or physical intoxication. It is a limit that regular people need to be aware of because being charged with a DUI can lead to serious consequences. When your blood alcohol level is .08 you probably won't feel physically intoxicated. You will break the law by accident.
Furthermore, there is a legal presumption that the reading at the jail is the same as it was when you were driving. This presumption is never accurate. After you have a drink your body begins to absorb it and eliminate it. Your real blood alcohol level is moving up or down constantly. This can sometimes be an important issue. If you have been charged with a DUI or DWI, get the facts and make sure you are protected.
At the offices of Lawrence T. Brooke, Attorney at Law, we know how difficult it can be to navigate the legal system for those charged with drunk driving. We will make sure you are treated fairly. There are many combinations of enhanced punishment for DUI convictions, but you should only focus on the punishments in your own case. It is unwise to represent yourself in a drunk driving matter. Remember; 100% of people who plead guilty are found guilty. If you have an ordinary first offense with a low blood alcohol reading and no aggravating circumstances there is no reason to plead guilty because if you are found guilty the judge will almost certainly give you the same sentence the prosecutor is offering. Over the course of my career, I have negotiated reduced charges or achieved not guilty verdicts hundreds of times.
Certain aggravating factors and additional punishments include:
- Above .15 but less than .20: mandatory five days in jail
- Above .20: mandatory ten days in jail
- Second Offense in Five Years: mandatory twenty days in jail
- Second Offense in Ten Years: mandatory ten days in jail
- Third Offense in Ten Years: a Felony with mandatory ninety days in jail
- Fourth Offense: mandatory one year in jail
It is possible to avoid these enhanced punishments with a plea bargain under the right circumstances.
Contact Us
No one wants to be treated like a criminal for one mistake. Located off two Beltway exits in Annandale, we represent people throughout D.C., Maryland and Virginia facing DUI or DWI charges in Fairfax County. Contact us today for a free initial consultation and make sure you are treated fairly.
