Arlington VA DUI Lawyer

In addition to motor vehicles, having a blood alcohol content (BAC) of .08 while driving boats, motorcycles, and even mopeds can land drivers in Virginia with a driving while intoxicated (DWI) charge. The lawyers at Mersberger Criminal Defense are committed to defending the rights of northern Virginians who face DWI charges. Our Arlington DUI lawyer can take decisive steps to protect you from serious DUI penalties that could jeopardize your freedom.  

Mersberger Criminal Defense: Advocates for Your Future and Freedom

When defendants in Arlington are seeking top-rated legal representation, they know to trust Mersberger Criminal Defense to position them for a favorable outcome in court. Our award-winning lead attorney has decades of experience in managing complex criminal cases. He is routinely recognized by prominent peer-reviewed groups like Martindale-Hubbell and Super Lawyers for his success in securing reduced or dropped criminal charges for clients.

Although these awards do not guarantee specific outcomes, they indicate the type of representation you can hire for your case. Our firm has years of experience in handling both state and federal DWI charges throughout Virginia. We can thoroughly investigate the accusation against you, including but not limited to the:

• Basis for your stop or police encounter 

• Facts of your field sobriety test and arrest 

• Evidence against you  

We can then craft a solid strategy to pursue a reduction or elimination of your charges.

Understanding DUIs in Arlington, Virginia 

In Arlington, being pulled over in Ballston, Ashton Heights, Arlington Forest, Clarendon, or elsewhere in the county and accused of being under the influence of drugs or alcohol can mark the start of a long ordeal. Local law enforcement is trained to look for signs of driver intoxication, which can include driving way over or below the speed limit, drifting out of lanes, and other erratic behaviors.

The annual crime rate in Arlington is 27.28 per 1,000 residents in a typical year, and DUIs contribute to those figures. In a state where 27% of all traffic fatalities were alcohol-related, DUI laws and enforcement aim to reduce the public safety toll of drunk driving. After being pulled over, law enforcement question the driver about where they have been and why their driving behavior is concerning.  

If they find a valid reason to believe that a driver is intoxicated, they may offer a preliminary breathalyzer or field sobriety test. A sobriety test could involve someone being asked to:

• Step out of the vehicle and stand in a designated area 

• Follow a moving object with their eyes without moving their head 

• Walk heel-to-toe in a straight line, turn, and walk back 

• Stand on one leg while counting for a set period of time 

• Recite part of the alphabet or count numbers in a specific sequence 

• Follow detailed instructions and demonstrate coordination and balance 

• Maintain a steady posture while the officer observes physical cues 

If they are found to be intoxicated, they are taken to the nearest jail for booking and processing. In Arlington, that would likely be the Arlington County Adult Detention Facility, which is located at 1435 North Courthouse Road here in Arlington.  

The Penalties of a Conviction 

A first DUI conviction can mean a fine of at least $250 and a driver’s license suspension of one year. The Class 1 misdemeanor can also lead to confinement in jail, even for a first-time conviction. The prospect of a second or subsequent DWI conviction may pile on fines, license suspension time, and mandatory jail time, including enhanced ASAP treatment requirements. 

Moreover, because driving in Virginia means that you consent to a blood or breathalyzer test to determine your BAC, an unreasonable refusal to cooperate with a blood or breathalyzer test carries the additional civil penalty of a one-year driver’s license suspension (without the ability to petition the court for a restricted driver’s license until 30 days after the date of the conviction pursuant to Virginia Code § 18.2-268.3) for a first offense. For a second or subsequent unreasonable refusals, the penalties become criminal convictions rather than civil.

Federal DWIs 

As a state that is adjacent to Washington, D.C., Virginia has a large amount of federal property within its borders. A DWI in places such as military bases, national parks, and federal highways, such as the George Washington Memorial Parkway, is a federal offense.

On federal property, DUI charges are often handled under federal regulations that mirror state law, meaning Virginia’s standards for impairment and blood alcohol concentration may still apply. However, the case is prosecuted in federal court, which follows its own procedures and sentencing guidelines.

Penalties can include fines, probation, license restrictions, and possible jail time, depending on the circumstances and your prior history. Cases tied to Arlington and Alexandria are typically heard at the U.S. District Court for the Eastern District of Virginia, Alexandria Division, located just a short distance from Arlington.

Why You Need to Hire a DUI Lawyer 

Whether you’re facing DUI charges at the federal or state levels, your main priority should be to hire a DUI lawyer to defend your case. A conviction could lead you to join the roughly 49,000 people currently behind bars in this state. 

When you secure representation from an Arlington DUI attorney, you can potentially avoid the consequences stemming from the DUI penalties that accompany a conviction. Your lawyer can rely on their knowledge of DUI laws to review the evidence and find the right defense strategy for contesting your charges.

Lawyers are unwavering advocates who can: 

• Question why you were pulled over. 

• Challenge the state’s case at every step. 

• Take decisive action to protect your rights and interests at every turn.  

Get the Legal Guidance You Deserve

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FAQs 

Q: What Are the Potential Outcomes of a DUI Criminal Case?

A: A criminal charge either leads to a conviction or not. In some cases, the defendant may accept guilt for a lower offense, often as a result of plea bargaining. If the prosecution does not have sufficient evidence to move forward or their case suffers from serious challenges, the state may drop charges. Going to trial could lead to a guilty verdict or an acquittal. Any outcome that avoids a conviction for a DUI can be viewed as a positive outcome for the case.  

Q: What Should I Do After an Arrest?

A: If you are being arrested, do not resist arrest or act in any combative manner. You are required to provide your name and identification, but you do not have to discuss anything related to the charges. Police are trained to question suspects with the aim of collecting statements that can be used against them in court. Invoke your right to remain silent and to have an attorney present. Those steps can enable your lawyer to build a defense that can prevent a serious conviction.   

Q: How Can an Attorney Contest My Criminal Case?

A: An attorney can contest your DUI by scrutinizing the evidence to find areas where law enforcement violated your rights or failed to properly administer a DUI test. A breathalyzer that was not calibrated or field sobriety tests that led to unclear outcomes can both be used to support your defense. An attorney can file a motion to suppress evidence to question why you were pulled over or arrested. That way, you can stand the strongest chance of contesting your criminal charges.  

Q: When Is a DUI a Federal Offense?

A: A DUI becomes a federal offense when it occurs on federal property. This can include locations such as: 

• Military bases 

• National parks 

• Federal buildings 

• Certain federally maintained roadways 

Instead of being handled in state court, the case is prosecuted in federal court, often using federal regulations or applying state law through federal statutes. 

Q: How Do I Find the Right Defense Attorney?

A: You can find the right defense attorney by asking close friends and family members for referrals. Online searches can also lead to qualified candidates. Look for someone who has several years or longer of criminal defense experience, both at the state and federal levels. A defense attorney who regularly handles DUI cases and has a record of success can work to prevent the potentially harsh penalties of a conviction.  

Contact Mersberger Criminal Defense Today

Retaining legal representation soon after your arrest can increase the likelihood of a successful resolution of your case. Your attorney can also reduce your stress from the mystery of what may or may not lie ahead. When you secure representation from Mersberger Criminal Defense, you gain the steadfast support of a law firm that understands the local court system and what steps are needed to protect a defendant from the life-altering consequences of a DUI conviction.

Our legal team can take the time to carefully review your case and the evidence being used against you so you can stand the strongest chance of avoiding serious penalties. Whether we secure a favorable plea bargain agreement, an acquittal at a trial, or dropped charges through suppressing evidence, our top priority is to pursue an outcome that allows you to retain your reputation and freedom. Contact our office today to learn how we can help.