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.
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.
I defended a client in the Fairfax County Juvenile and Domestic Relations Court last year who was served with a protective order after getting into an argument with his wife. Nobody was hurt, there were no criminal charges filed, but 24 hours later, he was evicted from his home, could not visit his children, and was not legally allowed to own any firearms. Sadly, this is what happens to most Virginians when protective orders are in place.
Here in this blog post, I'll explain what protective orders are under Virginia law, the different types you might see, and some of the strategies I've used in court to fight off these orders successfully.
A protective order is a civil court order that is intended to keep a person from being subject to violence, threats, or harassment. Under Virginia law, there are three main types: