Can I Fight a DUI Charge in Virginia?

 Posted on August 31, 2025 in Criminal Defense

Getting arrested for driving under the influence (DUI) is not the same as a conviction. You still have rights, and the Commonwealth must prove its case against you beyond a reasonable doubt. With quick action, an experienced Arlington County, VA DUI defense attorney may help reduce charges, challenge evidence, or fight for a dismissal.

Misdemeanor vs. Felony DUI Charges Under Virginia Law

Most first and second DUIs in Virginia are charged as misdemeanors. Under Va. Code § 18.2-266, it is illegal to drive while impaired or with an unlawful blood alcohol concentration. Penalties can increase if you have prior convictions, an especially high blood alcohol concentration (BAC), or a child in the vehicle. According to Va. Code § 18.2-270, jail sentences for a misdemeanor conviction can range from a few days to a year, depending on the circumstances.

A third DUI within ten years is a Class 6 felony with much tougher penalties and the risk of losing your vehicle. Felony charges can also result if a crash causes serious injury or death. Felony convictions may lead to multiple years in state prison, along with significant fines and a lengthy loss of driving privileges. Because the consequences escalate so quickly, having your case reviewed early is critical to shaping better outcomes.

Challenging the Evidence in a Virginia DUI Case

Every case starts with the traffic stop. An officer needs specific facts, not just a hunch, to pull you over. If the stop was unlawful, any evidence gathered afterward may be thrown out. Additionally, field sobriety tests must be explained and conducted properly, and many factors, like nerves, shoes, lighting, or health conditions, can affect your performance.

Under Virginia’s implied consent law, drivers arrested for DUI are subject to chemical testing, often in the form of a breath test. The margin for error with these tests is wide. The machine must be calibrated correctly, the operator must follow the required steps, and the chain of custody must be clear. Delays or mistakes in paperwork or procedure can make the results less reliable. More importantly, many factors can affect the reliability of breath tests. Something as simple as mouthwash or a common medication can produce a false positive.

Attorney Kaveh Noorishad won a DWI case in Arlington General District Court by attacking the breath test and the officer’s observations. At trial, he prevailed on a motion to strike, and the charge was dismissed. Careful scrutiny of testing and police work can dismantle the Commonwealth’s case.

Other Common Defenses Against DUI Charges in Virginia

A strong defense depends on the specific facts of your case. More often than not, your attorney will challenge the evidence to fight for a better outcome on your behalf. However, other common defense strategies include:

• Rising BAC: A later test that shows a higher alcohol level than when you were actually driving.

• Medical explanations: Health issues, fatigue, or allergies that can mimic intoxication signs.

• Video contradictions: Body-cam footage or witness accounts that do not match the officer’s report.

Contact a Fairfax County, VA DUI Defense Attorney Today

Attorney Kaveh Noorishad, an Arlington County, VA DUI defense lawyer at Noorishad Law, P.C., is dedicated to protecting clients facing some of the toughest moments of their lives. He carefully reviews every detail of the stop, the testing process, and the evidence to develop a defense strategy tailored to your case and your goals. With more than 16 years of experience, 24/7 availability, and a client-first approach, he ensures each client receives focused attention and strong, effective advocacy.

Additionally, Mr. Noorishad’s knowledge and dedication have earned him recognition among the top attorneys in Virginia. He has been honored as a Super Lawyer, a distinction given to only 5 percent of attorneys in the state, and selected to the National Trial Lawyers Top 100 for his excellence in criminal defense. If you are facing DUI charges, call 703-542-4500 now for a consultation to discuss your situation and unique circumstances.