Top Rated Fairfax County VA DUI / DWI Lawyers • 1500+ Reviews
Riley & Wells Attorneys-At-Law are Fairfax County DUI DWI lawyers that specialize in defending clients accused of driving while intoxicated or under the influence of alcohol or drugs. Our top Fairfax County VA DUI / DWI lawyers possess over 60 years of combined Virginia DUI / DWI law experience and are routinely recognized for legal excellence and high ethical standards. We are a recognized “Best Law Firm” according to U.S. News & World Report. We represent clients before the Fairfax County Courts charged with DUI / DWI. Our Fairfax DUI DWI attorneys have an established reputation for effectively representing clients accused of drunk driving. We have been positively reviewed more times than any other firm that defends Fairfax County VA DUI / DWI cases.
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Experienced Fairfax County VA DUI / DWI Attorney Best Defense
Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) is a criminal offense. The offense occurs when a person “operates” a motor vehicle in Fairfax while intoxicated with alcohol, drugs or both. A Fairfax County VA DUI / DWI arrest can be a devastating and embarrassing event. If you have been arrested, then you need a non-judgmental advocate to give you straightforward legal advice about protecting your rights and interests before the Fairfax County Courts and presenting your best defense. You need an experienced Fairfax DUI / DWI lawyer. Our top rated Fairfax County VA DUI / DWI Lawyers are dedicated to representing the best interests of clients. We use every resource to protect our client. NOTE: An arrest is NOT a conviction.
Elite Fairfax DUI / DWI Attorney Client Review
Driving Under The Influence Fairfax VA Defense Specialists
Our Fairfax County DUI / DWI defense lawyers are either members of or have been recognized by various prominent national organizations such as the National College for DUI Defense and the National Advocacy for DUI Defense. Clients benefit when their Fairfax DWI lawyer specializes in a DUI defense. We understand that an arrest for drunk driving in Fairfax can be an embarrassing and devastating event. Our role is to assist you with successfully navigating a difficult criminal justice landscape and not to lecture you about decisions you made that to your arrest. The simple fact is you are in legal trouble and need the best advocate to provide straight forward legal advice and quality representation.
Free Fairfax DUI / DWI Consultation with Most Rated Lawyers
It can be difficult to find the right Fairfax County VA DUI / DWI lawyer. There are many things that you should consider before you retain a Fairfax DUI / DWI defense attorney. Does the lawyer represent clients charged with DUI / DWI before the Fairfax County VA Courts? Engaging a Fairfax DUI / DWI lawyer who is not familiar with the Judge who will decide your fate is usually not a wise choice. Evaluate the lawyer’s DUI / DWI legal knowledge and expertise along with reputation and accomplishments. Now is not the time to find out if your lawyer is up to the challenge. We offer a free Fairfax DUI / DWI consultation to demonstrate that we can present your best defense.
Effective Fairfax County VA DUI / DWI Lawyer
The DUI / DWI laws in Fairfax County are complex. And the penalties can be harsh. In fact, Virginia has some of the strictest DUI laws in the country according to a study by WalletHub. If you have been arrested for DUI / DWI in Fairfax County, then you need to retain the best Fairfax County DUI / DWI lawyer possible. Our attorneys are specially trained and possess extensive experience. We can help!
Fairfax County DUI / DWI Evidential Breath Testing
Va. Code Section 18.2-266 criminalizes the operation of a motor vehicle in Fairfax County if a chemical test proves the driver possesses a blood alcohol concentration of 0.08 percent or more at the time of driving. It is also a violation of the Fairfax County DUI / DWI law for a motorist to operate a motor vehicle under the influence of illegal drugs or prescription medication. The evidential breath test evidence conducted at the Fairfax police station is significant to the Fairfax Commonwealth Attorney’s DUI / DWI case but it is not required. In some cases, there is no blood test or breath test evidence. Allow our Fairfax County DWI attorneys to review your case!
Va. Code § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.
It shall be unlawful for any person to drive or operate any motor vehicle, engine or train in Fairfax County VA
(i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article,
(ii) while such person is under the influence of alcohol,
(iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely,
(iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or
(v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than:
(a) 0.02 milligrams of cocaine per liter of blood,
(b) 0.1 milligrams of methamphetamine per liter of blood,
(c) 0.01 milligrams of phencyclidine per liter of blood, or
(d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.
A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).
For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on Fairfax County public highways.
Fairfax County Preliminary Breath Test For DUI DWI Investigations
A Preliminary Breath Test (PBT) is a roadside field sobriety breath test used by Fairfax County VA police officers to analyze a driver’s blood alcohol content (BAC) and provide an estimated BAC. The PBT is not the same as an evidential breath test conducted at the police station. The PBT results assist Fairfax VA police gather probable cause for a DUI DWI arrest. The PBT test results shall not be admitted into evidence in any prosecution. The PBT can be refused and such refusal shall not be evidence in any prosecution. Our Fairfax VA DUI DWI lawyers generally advise clients that providing a PBT breath sample is not in their best interests.
Fairfax DUI / DWI Investigation Field Sobriety Testing
If a Fairfax County police officer or State Trooper stops a motorist for a traffic violation or is investigating a motor vehicle crash and suspects the driver to be intoxicated, then the Fairfax police officer will immediately transition the encounter into a DUI / DWI investigation. Every motorist who becomes the target of a Fairfax County DUI / DWI investigation will typically be asked to perform field sobriety exercises. These exercises or tests are used by law enforcement to gather evidence of intoxication but they are completely VOLUNTARY. A motorist is never required to perform any field sobriety exercise. NOTE: There is almost no scenario where a motorist should perform these tests
Elite Fairfax County DUI / DWI Attorneys by Virginia Super Lawyers
Super Lawyers is a rating service of outstanding attorneys from over 70 practice areas including DUI / DWI who have attained the highest degree of recognition and achievement. This organization recognizes the top lawyers nationwide across a variety of practice areas including DUI / DWI using a patented process of independent research and peer input. Our Fairfax County VA DUI / DWI lawyers have been recognized by this publication since 2009. No more than five percent of the lawyers are named to this list and no more than 2.5 percent are named to the Rising Stars list. This recognition is merit based. Retain a top rated Fairfax County DUI / DWI attorney who has been recognized with this elite award.
Drunk Driving is Aggressively Enforced in Fairfax County
The drunk driving laws are aggressively enforced by Fairfax Police and Virginia State Troopers. The state troopers usually patrol Interstates 95, 495, 66 & 395. Fairfax County VA police officers patrol county highways such as the Fairfax County Parkway, the Dulles Toll Road, & Lee Jackson Memorial Highway, Route 29, Richmond Highway & Route 7/Leesburg Pike among the many other highways throughout Fairfax looking for drunk driving offenders. These law enforcement agencies will frequently hold sobriety checkpoints and typically use the same protocol to investigate a DUI / DWI case, which will often include attempts to gather evidence from field sobriety testing and breath testing.
Driving Under the Influence of Alcohol Penalties in Fairfax
- Possible incarceration
- Ignition Interlock
- Suspension or Revocation of Driving Privileges
- Expensive fines
- Probation
- DUI DWI education courses such as VASAP
- Significant cost increases to or loss of automobile insurance
- Loss of employment or employment opportunities
Different Types of Fairfax County VA DUI DWI Charges & Penalties
The difference in Fairfax County DUI DWI charge varies based on seriousness as defined by the General Assembly. A DUI DWI offense can be charged as either a misdemeanor or a felony offense. A misdemeanor Fairfax County DUI DWI charge can allege either a first or second offense. A felony Fairfax County DUI DWI arrest is significantly more serious and is reserved for cases of third or subsequent offenses and cases involving maiming or involuntary manslaughter. Regardless of the type of charge, the Fairfax County Commonwealth Attorney must prove beyond a reasonable doubt the operation of a motor vehicle and voluntary intoxication from either alcohol and/or drugs.
First Offense Misdemeanor DUI DWI
A Fairfax County VA DUI DWI first offense is usually a misdemeanor. The outcome of a Fairfax County VA DUI DWI first offense can depend on various factors such as the severity of the offense, the blood alcohol content (BAC) at the time of the arrest, the presence of any aggravating circumstances (e.g., causing an accident while driving under the influence) and any defenses presented by a top rated Fairfax County VA DUI DWI attorney.
Aggravating Factors:
Aggravating factors present at the time of arrest can lead to increased penalties or even felony charges.
Significantly High BAC: If the BAC is slightly over .08% BAC, then the charge will likely be a misdemeanor first offense DUI DWI and the misdemeanor first offense penalties would apply if convicted. However, a BAC of 0.15% or more is considered substantial. This high of a BAC requires a five-day mandatory minimum jail sentence if convicted as charged.
Accident: The penalties for a first offense DUI DWI conviction may become even more severe if the case involves an accident or a hit and run. If the accident resulted in serious bodily injury or death, then the Fairfax County VA DUI DWI charge may be a felony.
Excessive Speed: If you are driving significantly faster than the posted speed limit when stopped by law enforcement and arrested for DUI DWI then additional jail penalties may be imposed if convicted.
Penalties (if convicted):
Jail Time:
Maximum Jail time is 12 months
Mandatory minimum of 5 days in jail if BAC 0.15% – 0.20%
Mandatory minimum of 10 days in jail if BAC above 0.20%:
Transporting a person 17 years of age or younger shall be (i) fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced to a mandatory minimum period of confinement of five days.
License Suspension: A 7-day DMV administrative suspension from the date of arrest in cases of refusal or BAC of 0.08%. 1-year suspension by the Fairfax County Court. Must drive with Ignition Interlock (Company vehicle exception)
Fines: A mandatory minimum fine of $250. Maximum fine of $2500
Alcohol Safety Action Program (ASAP): Mandatory enrollment and completion.
Criminal Record: A Fairfax County DUI DWI conviction will remain on your criminal record permanently in Virginia.
Driving Record: A Fairfax County DUI DWI conviction remains on your driving record for 11 years.
Restricted License:
You may be eligible for a restricted license to drive to and from work, school, and other specific designated destinations if approved by the Fairfax County Court.
SR-22 Insurance:
You may need to obtain SR-22 automobile insurance to have your driving privileges reinstated after the suspension.
Future Implications:
A Fairfax County DUI DWI conviction may negatively impact your employment, job prospects, and professional licenses.
Second Offense Misdemeanor DUI DWI In 5 Years
Second Offense Misdemeanor DUI DWI In 10 Years
Third or Subsequent Offense Felony DUI DWI
Maiming Felony DUI DWI
Legal Elite Fairfax County VA DUI DWI Lawyer
Virginia Business is committed to covering legal activity in Fairfax County VA. In cooperation with the State Bar, top Virginia attorneys from several practice areas including DUI DWI defense are recognized as Legal Elite. There are over 23,000 legal practitioners in Virginia. Legal Elite recognitions are awarded to approximately 1400 attorneys every year. This is an exclusive list of top rated individuals who have been recognized for excellence. Only outstanding and experienced professionals are recognized by Virginia Business for being a Legal Elite attorney. A lawyer cannot purchase his or her way in to being recognized as a member of the Virginia Business Legal Elite community. Retain a Legal Elite Fairfax VA DUI DWI lawyer for your case.
Fairfax DUI /DWI Lawyer Defenses to Drunk Driving Cases
Fairfax DUI / DWI defenses are complex. The success of the defense will depend on the specific facts and circumstances of your case. We will investigate your case and look for every possible defense. It is important to remember that each Fairfax County DUI / DWI case is unique. The strength of the defense will depend on the evidence. Our experienced Fairfax County VA DUI / DWI attorneys will assess your case, identify the best defense strategies, and help you navigate the legal process. If you are facing a Fairfax DUI /DWI charge, it is strongly recommended that you seek legal counsel from a top rated Fairfax DUI lawyer to protect your rights and build a strong defense. Some defenses may include:
- Challenging the Fairfax Traffic Stop: Did the Fairfax County police officer or State Trooper have a valid reason to stop your vehicle? If the initial Fairfax traffic stop was unlawful, it may be possible to challenge the entire case.
- Lack of Probable Cause: To make an arrest, Fairfax County police officers and State Troopers must have probable cause to believe you were driving under the influence or driving while intoxicated to make an arrest.
- Errors in Field Sobriety Tests: Field sobriety tests administered by Fairfax County VA authorities, such as the walk-and-turn, one-leg stand or horizontal gaze nystagmus are often used to assess impairment. These tests can be subjective and prone to errors.
- Problems with Breathalyzer Tests: Breathalyzer results conducted at the Fairfax County Jail can be influenced by various factors, and the device must be properly calibrated and maintained.
- Rising Blood Alcohol Content (BAC): If your BAC was rising at the time of your arrest in Fairfax County VA, you may be able to argue that you were not above the legal limit while driving, even if you tested over the limit later at the police station.
- Medical Conditions: Certain medical conditions or medications can affect a person’s ability to perform field sobriety tests or can cause false positives on breath tests.
- Necessity Defense: In rare cases, a necessity defense can be employed if your Fairfax DWI attorney can show that driving under the influence was the only reasonable option to prevent a more significant harm.
Superb Avvo Rated Fairfax County VA Drunk Driving Defense
Legal ratings help those accused of a Fairfax DUI / DWI to find the best Fairfax County DUI / DWI lawyer. Avvo is a respected organization that can assist those individuals. Avvo is a legal directory that rates DUI / DWI attorneys using a mathematical model on a scale of 1 (Extreme Caution) to 10 (Superb). Members of our Fairfax County VA DUI / DWI practice maintain a 10.0 Superb Avvo rating. Avvo collects relevant information from state bar associations, other organizations that license legal professionals and thousands of consumers to calculate its rating. The same set of standards is used on all who are evaluated. The Avvo rating is merit based. A lawyer cannot pay a fee to improve the Avvo rating.
Fairfax County DUI / DWI Sobriety Checkpoint Defense Attorney
Fairfax County police will sometimes use a DUI / DWI checkpoint to apprehend intoxicated drivers. The Fairfax police also catch drivers violating other criminal & traffic laws at sobriety checkpoints. These Fairfax roadblocks are temporary and are supposed to be random. This law enforcement procedure permits the police to lawfully stop a vehicle and ask for driver’s license and vehicle registration. In reality, the Fairfax police are often looking for signs of alcohol or drug impairment. The checkpoints have to be set up according to specific procedures and must be properly supervised. If you have been arrested at a Fairfax County DUI / DWI sobriety checkpoint, then you need a top rated Fairfax DUI / DWI lawyer.
Virginia Implied Consent Law for Fairfax DUI / DWI Cases
The Virginia implied consent law applies to Fairfax County DUI / DWI arrests. This law says that by driving on the state’s roads, you have impliedly consented to a chemical test to determine your blood alcohol content (BAC) if there is probable cause evidence that you operated a motor vehicle on the Fairfax County highway while intoxicated. The motorist does not get to choose between a blood or breath test. Unreasonable refusal of a breath or blood test can result in an additional charge that carries a driver’s license suspension if convicted. In some cases, the Fairfax County police officer will obtain a search warrant for blood if a driver refuses to take a chemical test.
Fairfax Underage Baby DUI / DWI • Driving After Illegally Consuming Alcohol
Persons under age 21 driving in Fairfax after illegally consuming alcohol is a criminal misdemeanor offense in Virginia. This offense is often referred to as a “Baby DUI.” Such persons may not operate a motor vehicle in Fairfax with a blood alcohol concentration (BAC) of 0.02 or more as indicated by a chemical test. This is not a drunk driving offense. The prosecution is not required to prove intoxication. However, the penalties for this offense are almost the same as a Fairfax VA DUI / DWI conviction. The main distinction is that a chemical test is required. Fairfax County DUI / DWI cases can be proved even with no chemical test if other evidence proves intoxication.
Alcohol Safety Action Program (VASAP) Required if Convicted of Fairfax DUI
The local Fairfax VASAP office is a court ordered program designed to address issues related to alcohol and substance abuse. If you are convicted of a Fairfax County DUI / DWI, then the Fairfax Judge will order that you enroll with the local VASAP office for assessment, education, and treatment services if necessary. Individuals with more serious alcohol or substance abuse problems may be directed to substance abuse treatment programs. Fairfax participants will likely be required to submit to random drug and alcohol testing. VASAP also monitors Ignition Interlock devices. Such orders can be transferred to another location if you are not from Fairfax County.
Ignition Interlock for Fairfax VA DUI / DWI Cases
A Fairfax ignition interlock device is a breathalyzer-like device that is installed onto the ignition of a vehicle to prevent the operation of a vehicle if alcohol has been consumed. The driver must pass a breath test with the ignition interlock in order to start the vehicle. If the breath sample registers a blood alcohol concentration (BAC) above a predetermined limit, the vehicle will not start. There may also be random rolling retests during operation to ensure that no alcohol has been consumed since starting the vehicle. Fairfax County ignition interlock violations are criminal offenses that can carry stiff penalties. In some cases, an ignition interlock device is not a required penalty if convicted of a Fairfax DUI / DWI.
Top Fairfax DUI DWI Lawyers Awarded Platinum Client Champion
Our Fairfax County DUI DWI lawyers have been recognized with Martindale-Hubbell’s Platinum Client Champion Award. This prestigious honor recognizes superior attorneys for excellence. This award assists potential clients understand the real world experience previous clients have had with a law firm. Our Fairfax Virginia DUI lawyers maintain a Platinum Rating – the highest rating possible. The Martindale-Hubbell Platinum Client Champion Award is given to law firms who have received the highest number of client reviews with a score greater than 4.5/5.0. This award is a testament to the dedication our Fairfax DWI lawyers have to client service and a commitment to providing excellent legal representation. The award also recognizes our ability to navigate the legal landscape and obtain positive outcomes for clients.
Fairfax Virginia DUI Penalties (⇓DMV DUI Brochure⇓)
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10/7/2024 | Updated 4/15/2025
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