Driving under the influence is probably the most serious charge many of our clients will ever deal with. Carlos Wall and Alex Gordon understand the pressure upon anyone accused of DUI. We understand the challenges you face to your licensing, security clearance, employment, lifestyle and reputation. A substantial portion of our practice is devoted to defending those accused of DUI/DWI in Northern Virginia and we have built a reputation for being tough, aggressive, and thorough litigators. We will tirelessly explore every possible legal avenue to obtain the results you require.
Call now at 703-218-8416 or complete the form on this page for a free consultation and your first step toward a second chance. We serve Fairfax County, Loudoun County, and Prince William County, Arlington County, and the Cities of Alexandria, Manassas, and the City of Fairfax.
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Our clients speak for us
Real reviews from clients charged with DUI/DWI.
Alex Gordon is an excellent lawyer, he has extreme experience when dealing with court cases like Traffic/DUI/other Criminal cases. He has got me out of a from a doomed condition out with my court case which I cannot forget. He deals the cases with a lot of responsibility, patience & professionalism. He tells you the right course action which should be taken during the court proceedings. The office staff, Vanessa is also doing a great job by maintaining the communication between the lawyer & defendant with utmost sincerity, responsiveness. I highly recommend Alex Gordon to others who are suffering due to there court cases. Gordon Law firm rocks !!!
I was referred by a friend for Carlos Wall at the Gordon Law Firm. He was the first person I contacted for my legal troubles back in May 2019. I was able get his personal cell phone through his office and spoke to him right away. He consulted me about my options free of charge. Before weighing out my options with any other attorneys, I knew Carlos was my guy the moment I talked to him. Carlos showed his professionalism throughout the whole process and by the end, helped me win my case in our trial. I’m forever grateful for Carlos and would highly recommend him to anyone.
Carlos Wall is incredible and knows his stuff. Totally recommend his services. You won't be disappointed.
Our numbers speak for themselves.
In the last five years, we have represented over 300 people for varying types of DUI/DWI offenses. Out of those clients charged with DUI/DWI, nearly 70% of them avoided conviction for a DUI/DWI. Take action now and contact Carlos Wall and Alex Gordon to discuss your DUI/DWI charge. We will give you an honest evaluation of your case, and explain to you how to put yourself in the best position to achieve a successful outcome.
Keep reading for information about your DUI case:
- Punishment and Sentences for a Virginia DUI
- Was the Virginia DUI Stop Justified?
- The DUI Field Sobriety Tests in Virginia
- Challenging the Virginia DUI Breath and Blood Tests
- What Will My Defense Cost Me?
- Getting on the Road to a Positive Outcome
- Call Now to Discuss Your Virginia DUI Case for Free
Punishment and Sentences
The attorneys at The Gordon Law Firm are experienced DUI/DWI lawyers who do not believe in giving misinformation or false hope. We shoot straight from the beginning.
The severity of the consequences of a DUI/DWI conviction will depend on the unique circumstances surrounding your traffic stop, and your existing driving record. As you would expect, consequences for repeat offenses are more severe.
In Virginia, your first two DUI/DWI convictions within a ten-year period are class one misdemeanors. A third is a class six felony.
After looking at all of the facts in your case and your record, Carlos Wall and Alex Gordon will give you an honest assessment of the consequences you may be facing and the defenses which can be used in your case to fight conviction or reduce your charges.
First-time offenders can face up to a year in jail, a $2,500 fine and mandatory loss of driving privileges for 12 months. Under some circumstances the judge may grant you restricted driving privileges so that you can drive to work, school, day care and religious activities. Mandatory minimum jail sentences for a blood alcohol content (BAC) over 0.14, for first-time offenders, are:
- 0.15 – 0.20 five days
- Above 0.20 10 days
If you are a first-time offender with a BAC below 0.14 it is unlikely that you will be sentenced to more than 48 hours in jail if the following also apply:
- There was no accident
- Your driving behavior was not egregious
- You had a valid driver’s license
- You have a decent driving record
- You were cooperative with the police officer
Armed with the facts in your case, we may be able to negotiate a positive outcome or take your case to trial and secure a verdict of “not guilty”. We may be able to have the charge amended to reckless driving, which is still a class one misdemeanor but carries less severe consequences than DUI/DWI, or we may be able to get the charge dismissed before or after trial. There are many aspects of your arrest we may be able to challenge.
Was the DUI Stop Justified?
A police officer cannot stop you for DUI/DWI just because they feel like it. There must be reasonable articulable suspicion of wrongdoing. If a judge finds that the officer did not have reasonable articulable suspicion, your case may be dismissed. Examples of driving behaviors that can constitute reasonable suspicion of DUI or DWI include:
- Driving too slowly
- Weaving, or failure to maintain lane
- Disobeying traffic signs
- Reacting poorly to roadway conditions
If you have been stopped based on suspicion of DUI or for another traffic infraction, the officer looks for signs of intoxication including slurred speech, bloodshot eyes, and the inability to follow directions.
The Field Sobriety Test
If you are stopped for or suspected of DUI, the officer can request that you take a field sobriety test (FST) and possibly more than one FST. FSTs are voluntary in Virginia, meaning that you have the right to refuse to take these tests. Refusal cannot be used against you in court. FSTs are used to establish probable cause for a DUI arrest.
Examples of FSTs include:
- Horizontal gaze nystagmus (HGN)
- Nine-step walk and turn
- One leg stand
- Nose touch
FSTs that are administered improperly are not valid. Our DUI defense attorneys will ask you questions about your FST, including the instructions given to you by the officer and if the officer demonstrated how to perform the tests. Other factors, including medical conditions, can also invalidate the results of FSTs. Attorneys Alex Gordon and Carlos Wall have extensive experience cross-examining officers in court regarding FSTs and holding them accountable for any errors in administration.
Challenging the Breath and Blood Tests
There are two breath tests you may be asked to take. The first is the preliminary breath test (PBT) taken at the traffic stop to establish probable cause for a DUI arrest. The second is administered after you are arrested, typically at the police station or jail.
PBT test results are only admissible in court if you challenge probable cause in a pre-trial hearing. They cannot be used against you to establish guilt of DUI. In order to be valid proof of probable cause, the PBT must have been administered on an approved device, which has been properly calibrated and used according to the operator’s manual. You do not have to consent to the PBT.
After you are arrested, “implied consent” kicks in. Implied consent, in Virginia, means that simply by driving on a public highway you have agreed to take a breath or blood test to measure the level of alcohol or drugs in your system. There are consequences for refusing the test at this point, if the officer informs you of the implied consent law and if the court finds that you “unreasonably” refused. Implied consent does not apply if you were driving on private property.
If the breath or blood test administered after your arrest finds that your BAC was above legal limits, we may be able to challenge the results. The machines used for these tests are not always accurate. They must be properly calibrated and maintained and they must be used properly. The breath test machine can give false readings due to other chemicals in the blood or health issues such as esophageal or stomach issues. The blood test may not accurately reflect your level of intoxication at the time you were driving.
Our experienced Virginia DUI lawyers know how to challenge the breath and blood test results and find flaws in the prosecutor’s case. We may be able to negotiate reduced charges and penalties before trial or have your charges dismissed by the court. Even if we are not successful before trial, we may be able to secure a not guilty verdict at trial.
What Will My Defense Cost Me?
Your consultation is free of charge. Contact us online or over the phone to set it up. You can come into the office or your consultation can take place over the phone. That is up to you.
We will give you a quote of the fee during your initial consultation. We need to know the facts of your case in order to determine the fee. A more difficult and complicated case will have a higher fee. For instance, if you have a poor driving record, prior DUI charges, if there was an injury accident or if you are accused of having a high BAC your fee will be higher than a first time DUI with low BAC and a clean driving record.
We only charge a flat fee. You will be responsible for costs such as those for investigators, expert witnesses, and court costs and any fines against you.
The flat fee covers all of our work, no matter how many court appearances are required. We do not charge you by the hour. We do not bill you for phone calls and other communication. You will have the direct phone numbers and email addresses for every attorney on our staff, and you will always have direct access to your attorney by phone or text. We believe that you deserve the peace of mind that comes with being able to get answers to your questions and concerns whenever you need them.
We accept all major credit cards, and, in some cases, we can set up a payment schedule.
Getting on the Road to a Positive Outcome
If you have been charged with DUI or DWI, in Virginia, the sooner you talk to an experienced DUI defense lawyer, the better off you will be. Virginia DUI laws are complex, and while the laws are strict and penalties severe, they can also work in your favor in the hands of an experienced and skilled attorney.
Police officers, prosecutors and judges must act according to the law as well. There are many aspects of your stop and arrest that we may be able to challenge. Working closely with you, we will find any weaknesses and flaws in the prosecutor’s case. Once we are armed with the facts, we can often negotiate reduced charges or penalties. We may be able to have your jail time and fines reduced and minimize restrictions on your driving privileges. In some cases, we can have the charges dismissed entirely.
Our attorneys know Virginia law and the gravity of DUI and DWI charges. We assist you with all aspects of your defense, including issues related to:
- Virginia DWI Breathalyzer Refusal
- DUI Drug Offenses
- Virginia DUI Refusal Charges
- Search Warrant for Blood Cases in Virginia
- Ignition Interlock Requirements in Virginia
- Restricted Driver's License and Restricted Privileges
We are always ready to take your case trial if negotiations fail. At trial, the Commonwealth Attorney must try to prove your guilt beyond a reasonable doubt. And we will challenge the evidence on several fronts including:
- The validity of the traffic stop
- Probable cause for your arrest
- Validity of breath or blood test results
Call Now to Discuss Your Virginia DUI Case for Free
To learn more about our Virginia DUI lawyers and your legal rights and how we can help you get on the road to the best possible outcome, please call the Gordon Law Firm, PC at 703-218-8416 or complete the form on this page for a free consultation. We welcome clients from Fairfax County, Loudoun County, and Prince William County, including Manassas, Leesburg and Fairfax.