What are the possible punishments for a first time Fairfax DUI conviction in Virginia?

Criminal Defense Attorneys Serving Fairfax, Leesburg & Manassas, Virginia


Alex Gordon and Carlos Wall, the experienced Fairfax DUI attorneys at The Gordon Law Firm do not believe in giving our potential clients false hope. We provide advice that has been gained through a combined total of 35 years fighting DUI charges in Fairfax County. In short, we shoot straight with you and your family from the beginning of the case until the end.

The severity of the consequences of a Fairfax DUI conviction will depend on the unique circumstances surrounding your traffic stop, and your existing driving record. 

Will I face jail time for a First Offense DUI in Fairfax?

It is an attorney's ethical obligation to tell all clients that all misdemeanor DUI offenses in Fairfax, Virginia carry with them the potential of 12 months in jail.

However, based upon Carlos Wall and Alex Gordon's years of experience helping DUI clients in Fairfax County, an active jail sentence for a first offense Fairfax DUI charge is not likely, unless the one of the following circumstances applies to your case.

Other factors that could lead to jail time for a First Offense DUI in Fairfax County:

  • If there was an accident with injuries or a great deal of property damage;
  • If the driver was rude to the police officer;
  • If the driver was disruptive at the police station;
  • If the driver had no license or a suspended license;
  • If the driver had people under the age of 18 in the car;
  • If the driver had a breath or blood alcohol level (BAC) above a .15;
  • If you were charged with other offenses like eluding the police, reckless driving by speed, racing, littering, disorderly conduct, resisting arrest, assault, or drug possession.

These are helpful factors if you are a first-time offender for DUI in Fairfax. 

  • 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

If you are proven during your Fairfax DUI trial to have a high Blood or Breath Alcohol content, jail time could be part of your sentence from the Fairfax County General District Court Judge. 

If it is proven beyond a reasonable doubt that a driver's blood alcohol content (BAC) is 0.15% and not higher than 0.20% at the time of arrest, there is a mandatory minimum five-day jail term for a Fairfax DUI conviction.

If the driver's BAC is proven to be 0.20% or higher at the time of arrest, a first offense Fairfax DUI conviction carries a mandatory minimum 10-day jail term.

Other Punishments for a First Offense Fairfax County DUI conviction

  • The court will suspend your privilege to drive in Virginia for a period of 12 months.
  • You will have to pay a fine of up to $2500.00.  Typically, the fines either negotiated or set by the court are no more than $1000.  The usual fine is between $250.00 to $500.00.
  • The court will require an ignition interlock device to be placed on any personal vehicle you drive
  • The Fairfax County Court will require that you complete the Alcohol Safety Action Program (ASAP).
  • The court will require probation for a period of 12 months where you must abide by the rules of the ASAP program and not commit any new violations of law.

Get help now for your Fairfax DUI case

The Fairfax DUI lawyers of The Gordon Law Firm offer a free confidential consultation.  We will listen carefully your explanation of the facts surrounding your arrest 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.

Armed with the facts in your case, our Fairfax DUI lawyers may be able to negotiate a positive outcome with the Fairfax County Commonwealth Attorney 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 in Fairfax, or we may be able to get the charge dismissed before or after trial. 

Call us today to get immediate help for your Fairfax DUI charge at 703.218.8416 or fill in the "Contact Us" form on our website.  We can also be reached at thegordonlawfirm@gmail.com