Fairfax DUI Lawyer

DUI is a serious criminal offense that requires aggressive defense representation if you are to have the chance to avoid the loss of your license, imprisonment and the other penalties that may be imposed upon a conviction in Fairfax, Virginia. At Brisendine, Overand, Buster & Bernstein, we are here to offer you the legal assistance you need to fight your DUI charges. If you or someone you know was arrested for drunk driving and you would like to learn more about your legal rights, our firm offers a free consultation with a Fairfax DUI lawyer to help you better understand what to do at this point in time.

A driver is considered to be driving under the influence if he or she has a blood alcohol concentration (BAC) of .08% or greater. An inability to safely operate a motor vehicle due to alcohol or drug use may also constitute DUI and the same penalties as may be imposed for a conviction based off an illegal blood alcohol level. To prove that a driver is "under the influence", Fairfax law enforcement may utilize field sobriety tests and a breath or blood test. Field sobriety tests are typically used to establish whether the driver's abilities are impaired, whereas blood and breath tests are used to gauge the driver's BAC.

Defense for Drunk Driving Charges in Fairfax

Law enforcement may administer a field sobriety test or breath test when you are arrested for drunk driving in Fairfax. You do not have the option of refusing a breath test or requesting a blood test, and can face misdemeanor charges if refusing a test while already convicted for the same charge. Such charges can lead to up to 12 months in county jail and a three-year license suspension. This is a serious offense as when you are first receiving your driver's license you are agreeing to submit to a chemical test if arrested for drunk driving. However, your alleged failure of either of these does not necessarily mean that you should be convicted.

Conviction is not an absolute certainty as a field sobriety test may be administered improperly or a breath test device improperly calibrated, leading to a false arrest or DUI charges when your blood alcohol concentration was within the legal limits. When blood and breath tests are administered, a DUI lawyer will look at whether or not the person giving the test was qualified to do so. An unlawful arrest or the lack of a probable cause to pull over a driver for a suspected DUI are also reasons that should not lead to your conviction.

When handling your case, we will also look into field sobriety tests. While most people associate only breath tests with this, there are many other factors that the arresting officer will take into consideration when determining the situation. Such factors include the age, weight and height of the driver in question. They will look at the coordination, balance and ability to follow instructions, some of which might have results that have nothing to do with alcohol. It is the job of your Fairfax DUI attorney to evaluate your particular charges and determine how to best represent your interests - even if the prosecuting attorney has compelling evidence against you. With a thorough knowledge of the law, one of the DUI lawyers from our firm will be able to navigate you through the language of the law, so you can trust that you are in trustworthy hands.

Keeping a Fairfax DUI off Your Criminal Record  

Our law firm offers skilled DUI defense counsel for drivers facing first time offenses or multiple DUI convictions. While matters are serious enough for the first offense, when you are being arrested for a second or even third, there is a chance you might face increased penalties, a longer suspension of your driver's license. The third offense might even be charged as a felony. In these matters, we understand just how important it is to help you avoid a conviction, as having a criminal record may affect financial, housing and employment opportunities, as well as your reputation. This is all in addition to the immediate difficulty of dealing with imprisonment and other criminal penalties.