Options After DWI Arrest – The First Offense
Is this your first brush with the law when it comes to driving under the influence? Learn what options are available to avoid jail time or prevent license suspension in Fairfax County, Virginia.
Have you made an error in judgment by driving while intoxicated? Have you been arrested and are now summoned to court?
By now you’ve probably read the detailed list of consequences that could arise from the DMV site. The top picks in sentencing include driver’s license suspension, fines, and possibly jail time. More specifically, fines can be anywhere between the mandatory minimum of $250 and $2500, with one year’s worth of license suspension.
Aggravating factors like driving with a minor, or having a blood alcohol count higher than 0.15% can also increment fines and other penalties.
Options Following an Arrest
If an officer suspects that a driver is under the influence of drugs or alcohol, a chemical test will usually follow. Drivers can opt out of this test, however the consequence of doing so would be an automatic suspension of their driver’ license for one year, even if you were not guilty of the DWI. This is a separate charge called Refusal. Some of the rules regarding refusals can be very complicated.
Pleading The Case
Is there any leniency when it comes to penalties for driving while intoxicated?
For one, drivers can seek legal counsel to see if the DWI charge can be plead down to a reckless driving or improper driving offense. Reckless driving is still a misdemeanor, but these are often given a pass when viewed on one’s criminal records, given that there are countless ways that this can transpire. Improper driving is furthermore a civil infraction rather than a criminal offense.
During trial or when negotiating with the prosecutor, there may be some leniency when the driver’s history is reviewed and there are no prior offenses found.
Alternative Routesfor Tackling Trials in Fairfax DWI
If you’ve decided against pleading guilty, a lawyer can build up one or more defenses, including challenging the chemical tests, looking into the arresting officer’s history, or finding loopholes that could dismiss charges.
Other Facts About DWI
DWI in Virginia is considered to be the acting of driving while intoxicated with blood alcohol readings 0.08% or higher. As mentioned earlier, there are more rigid penalties when the results exceed 0.15%.
In order to regain driving privileges after the one-year time mark, drivers must first complete a course in alcohol safety and education.
An ignition interlock device will be ordered if the driver was found guilty of DWI.
