HOW TO AVOID JAIL FOR YOUR FAIRFAX COUNTY, VIRGINIA DWI
For the vast majority of people who are facing DWi charges throughout Virginia and in Fairfax County specifically, the first question they ask their lawyer is what they can do to avoid going to jail. The first thing that you can do is to make sure that you are not arrested for a charge that requires jail time. If you are convicted of a DWI with an enhancing factor jail time is mandatory. That means convictions for a second or subsequent DWI will be looking at mandatory jail time. Additionally, DWIs with high BACs will also face mandatory jail time. High BAC means anything .15 or above. There are certainly defenses that may be applicable in either situation.
For example, out of state DWIs will typically not count. If you were convicted under the law of another state, that state’s DWI law must be “substantially similar” to Virginia’s law. There are very other states that have laws that are substantially similar to Virginia’s. So if your prior DWIs are from another state it increases the likelihood that you can avoid jail time. There are also some judges in Fairfax who have ruled that the law for enhanced BAC may not be valid because of a technical issue with how it is worded.
Obviously those issues aren’t helpful if you are someone who has already been arrested and charged. In that circumstance you should discuss your options with your lawyer as soon as they are hired. Depending on the facts of your case, you may be able to leverage a mistake the officer made to avoid jail. Also, if there is anything wrong with the test or the procedure all of those things can be used to potentially avoid jail. Every case is unique and an open and frank discussion with your attorney is the best way to ensure that all possible defenses are considered and utilized to leverage a favorable resolution of the case.
Finally, many clients pre-enroll in the Alcohol Safety Action Program (ASAP) before court. Others may consider doing community service and/or engaging in a treatment program before your hearing date. All of these activities will earn favor with the judge and Prosecutor and they can be very helpful. However, they do not act as a magical pill that will automatically guarantee a favorable resolution of your case.
Like any situation, it is important to have a qualified lawyer involved and provided quality legal advice as soon as possible. Anyone arrested should talk to a local lawyer soon, but particularly those individuals who want to avoid jail and who are facing an offense with mandatory jail time for a multiple offense or a high BAC.
