Protecting Your Rights
At Nichols & Green PLLC, our lawyers defend hundreds of drivers each year. Whenever possible, we help our clients avoid conviction, or minimize their penalties so they can get back to their lives and move forward.
If you have been arrested for DUI or DWI in Virginia, you could face serious penalties. 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 absolutely necessary if you wish to avoid life-changing consequences.
Read to get started? Contact Nichols & Green PLLC at (703) 215-1114 to discuss your case with our Fairfax DUI attorney.
Complex Laws Require Vigorous Defense
To ensure the best possible outcome for your DUI case, you need to work with a legal professional who has 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 discretion of the judge. 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 literally wrote the book on Virginia DUI. He has since retired from the firm. Contact Nichols & Green PLLC today for a free copy.
Understanding DUI Charges & Penalties
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, a driver can also be charged with a DUI if their BAC was below .08% but their driving ability was “substantially impaired.” Unfortunately, this judgment call is left largely 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.
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 form of drug or alcohol, while driving while intoxicated (DWI) generally refers to only alcohol.
Whether your warrant says DWI or DUI, it really 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 ability to drive 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 each year and has extensive experience practicing in Fairfax and courts throughout Northern Virginia.
Our Fairfax DUI/DWI attorney at Nichols & Green PLLC provide free appeals to circuit court as part of our fee, an unusual benefit that few Virginia attorney 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 circuit court without charging you any additional fees.
If you were accused of DUI or DWI, contact Nichols & Green PLLC today to find out what our Fairfax DUI lawyers can do for you. Call (703) 215-1114.