Fairfax Criminal Lawyers | Virginia Defense Attorneys



Protecting Your Rights

Virginia DWI Defense Attorneys

At Nichols & Green PLLC, our lawyers defend hundreds of drivers annually. Whenever possible, we help our clients avoid convictions or minimize their penalties so they can get back to their lives and move forward.

You could face severe penalties if you have been arrested for DUI or DWI in Virginia. Even a first DUI conviction can result in up to 12 months in jail and a 12-month mandatory driver’s license suspension. A conviction can also cost you up to $2,500 in fines, plus other fees, court costs, and increased insurance premiums. Second and third DUI convictions come with considerably more severe penalties, which is why aggressive legal representation is necessary if you wish to avoid life-changing consequences. 

Why Hire Our DUI Attorney?

To ensure the best possible outcome for your DUI case, you must work with a legal professional with ample experience with applicable Virginia traffic laws. There are roughly 22 pages of DUI codes applicable to Virginia law, along with 17 different categories of potential penalties. The resulting punishments for a DUI conviction can depend on the driver’s previous convictions, blood alcohol content (BAC), and the judge’s discretion. This level of legal complexity calls for sophisticated legal representation to match.

In addition to his extensive technical training, Attorney Luke Nichols is also the author of “The Virginia DUI Handbook” (2010). In other words, he wrote the book on Virginia DUI. He has since retired from the firm. Contact Nichols & Green PLLC today for a free copy.

What is Considered a DUI?

Anyone found to be driving with a blood alcohol content (BAC) of .08% or more can be convicted of a DUI. Even if the driver operates the vehicle safely, a .08% BAC is considered the legal limit and, if exceeded, can result in immediate police intervention. Likewise, drivers can also be charged with a DUI if their BAC is below .08%, but their driving ability is “substantially impaired.” Unfortunately, this judgment call is mainly left to the discretion of the arresting officer(s) and is not always an accurate reflection of the circumstances.

Similarly, a driver who is texting or using their phone after having only one or two drinks may be arrested for DUI, and his or her distracted driving may be attributed to intoxication.

Have you been charged with a DUI in Virginia? Call Nichols & Green today at (703) 383-9222 or contact us online to schedule a meeting with our
Fairfax DUI lawyer!

What’s the Difference Between DUI and DWI?

In Virginia, the judicial process uses the acronyms “DUI” and “DWI” interchangeably. Technically, driving under the influence (DUI) applies to intoxication via any drug or alcohol, while driving while intoxicated (DWI) generally refers to only alcohol.

Whether your warrant says DWI or DUI, it does not matter. The statute is the same, and the consequences are the same, so most people in Virginia use the terms interchangeably.

Any drug or medication that affects your ability to drive safely can potentially lead to a DUI conviction. Over-the-counter allergy medicines, cough syrup, and necessary prescription medications can affect your driving ability and result in a DUI conviction. Ambien, Lexapro, Zoloft, Trazodone, and Oxycodone are some of the most common prescription drugs that lead to DUI arrests.

Our team represents hundreds of drivers annually and has extensive experience practicing in Fairfax and courts throughout Northern Virginia. 

Our Guarantee

Our Fairfax DUI/DWI attorney at Nichols & Green PLLC provides free appeals to the circuit court as part of our fee, an unusual benefit that few Virginia attorneys are confident enough to offer. If your DUI/DWI case goes to trial and you are not completely satisfied with the outcome, we will appeal it to the circuit court without charging additional fees.

Contact Nichols & Green today to schedule a FREE consultation with our Fairfax DUI attorney!

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