DUI and DWI charges are always serious, even if you were innocent. Your freedom, your right to drive, and your career may be on the line. You need the help of a drunk driving defense attorney today. The Gordon Law Firm, PC provides experienced, caring and effective legal counsel in DUI cases. Your case will be handled by attorney Alex Gordon or Carlos Wall and will never be transferred to a paralegal, assistant, or less experienced lawyer. You will always have direct access to your attorney by phone or text.
Attorneys Alex Gordon and Carlos Wall have 30 years of combined experience defending clients like you. We know the stress you are under; your record and career may be at stake. We will fight tirelessly for your best outcome.
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, including Manassas, Leesburg and the City of Fairfax.
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Keep reading for information about your DUI case:
- Punishment and Sentences
- Was the DUI Stop Justified?
- The Field Sobriety Test
- Challenging the Breath and Blood Tests
- What Will My Defense Cost Me?
- Getting on the Road to a Positive Outcome
- Call Now to Discuss Your DUI Case for Free
The attorneys at The Gordon Law Firm are experienced DUI 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 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 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, our DUI lawyers 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, 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.
A police officer cannot stop you for DUI or DWI just because they feel like it. There must be reasonable suspicion. If a judge finds that the officer did not have reasonable 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.
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.
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.
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.
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:
- DWI Breathalyzer Refusal
- DUI Drug Offenses
- 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
To learn more about DUI 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.