McLean, VA DUI/DWI Attorney

Aggressive Criminal Defense Attorney Fighting Against Drunk Driving Charges in McLean, Virginia

An intoxicated driving arrest is often a person's first contact with the criminal justice system. Many DUI defendants are ordinarily law-abiding citizens who simply made a mistake. You may have thought you were sober enough to drive or that you were not going far enough for something to happen. You may even have been driving perfectly but were pulled over for an expired registration or a missing headlight.

Even if you have never had legal problems before, a drunk driving charge can have a serious impact on your life. Virginia has some of the country's harshest drunk driving laws, and courts can be reluctant to show leniency. You need an attorney who puts clients first and who will not give up on your case.

Noorishad Law, P.C. can take on even the toughest DUI cases. Attorney Kaveh Noorishad can help you even if your case seems unwinnable. He works to make the impossible possible. Attorney Noorishad will analyze your case to choose the best possible defense strategy for you.

Many people who are arrested for drunk driving have strong legal defenses available that they may not yet be aware of. The police may have made a mistake when they administered a breath test or pulled you over without a valid legal reason. Even if the evidence against you is truly overwhelming, there is still a lot an experienced lawyer can do to help, like arguing for the most lenient sentencing allowed by law and advocating for you to receive a restricted driving permit so that the automatic license suspension does not interfere with your job.

Fighting Back Against First-Time DUI Charges

Even though it will usually be a misdemeanor charge, a first DUI offense can carry serious penalties. You could be sent to jail for up to a year and fined up to $2,500. Your license can be automatically suspended for a full year, and you will be required to install an ignition interlock device when you start driving again. You will likely also need to complete an alcohol education program, which can take up quite a bit of your time.

Fortunately, an experienced lawyer can provide a strong defense against a first DUI charge. Courts may be more willing to believe that this is an isolated incident and that your case does not warrant harsh sentencing. Your attorney may be able to fight for a dismissal if you have a strong legal defense or if the evidence against you is questionable.

Criminal Defense Lawyer for Multiple DUIs

Being charged with repeat DUI can be extremely serious in Virginia. If this is your second drunk driving arrest within five years, you will face a mandatory minimum jail sentence of 20 days and a three-year driver's license suspension. You cannot get a restricted driving permit right away. If your first DUI was very recent, you may be required to wait a year before you qualify for a restricted permit. Longer jail sentences are very common if you had a particularly high BAC or if there were complicating factors. If your case does not go well, you could be sentenced to well over a year in prison.

The potential penalties increase with each subsequent intoxicated driving charge. Courts will be more inclined to impose harsher sentences for repeat offenders. Drunk driving is seen as a serious danger to the public, and courts will readily resort to locking up a habitual offender to mitigate the threat.

Felony DUI Defense

Even a first DUI can be charged as a felony if certain factors are present. Aggravating factors that could lead to a felony DUI or other felony charges include:

• Bodily Harm: If another person was injured or killed, you will face felony charges.
• Child Passenger: Transporting a minor while driving drunk is considered child endangerment, which is a felony.
• Third or Subsequent DUI: A third DUI within a 10-year period will result in an automatic felony charge.
• Drug Possession: If you are accused of driving under the influence of drugs, and you had drugs in the car with you, you may face felony drug possession charges in addition to DUI charges.
• Hit and Run: You may face serious consequences if you allegedly left the scene of an accident in an attempt to avoid a DUI charge.

How Our Attorney Can Help You Beat a DUI Charge

Because of the serious penalties for a DUI conviction, you will need to understand what steps you can take during your defense. At Noorishad Law, P.C., we will stand by your side and fight for your rights. Rather than simply entering into a plea deal with the prosecutor, we will identify the most viable defenses, working to have your case dismissed or secure an acquittal whenever possible. Some of the defense strategies we may use include:

• Challenging the Traffic Stop: We will look at why you were originally stopped by police to determine whether they had a valid reason to pull you over. There must have been a "reasonable, articulable suspicion of criminal activity" such as a traffic violation. If an officer was only acting on a hunch and did not have a reason to believe that you committed an offense, any evidence obtained during the stop may be inadmissible, or the entire case may be thrown out.
• Addressing Field Sobriety Tests: While police officers may use roadside tests that are meant to determine whether drivers are intoxicated, these tests are highly subjective, and they may be challenged. If you took one or more field sobriety tests and supposedly failed, we can take steps to demonstrate that there were other factors involved, such as medical conditions, unstable road surfaces, weather issues, or simple nervousness. We can look at whether tests were administered correctly and whether the officer's biases played a role in their decision to arrest you.
• Determining Whether There Was Probable Cause to Perform an Arrest: An officer cannot arrest someone for DUI based on vague suspicions. They must have reasons to believe that a criminal offense has occurred. This is known as "probable cause." Without probable cause, an arrest may be invalid. For example, if the results of a field sobriety test were inconclusive, and an officer decided to arrest you simply because they believed that you were acting like you may have been drinking alcohol, our attorney may argue that there was no probable cause and seek to have your case dismissed.
• Challenging Breathalyzer Tests: After being arrested and taken to a police station, a breath test may have been administered. These tests are meant to measure the level of alcohol in your system, but there are multiple reasons why their results may be unreliable. An officer may not have been properly trained on how to use a device, or the machine may not have been fully cleaned and calibrated between uses. Other outside factors may have affected the results, such as electronic interference or medical conditions like acid reflux. Our lawyer will review records and the procedures followed during testing to determine whether the evidence against you can be challenged.

Our goal is to help you resolve your DUI case while minimizing the penalties you may face and limiting the effects on your life. We will fight to have your case dismissed or seek a reduction in charges that will allow you to avoid serious penalties such as jail time and a long-term driver's license suspension. By getting in touch with us as soon as possible after a DUI arrest, you can make sure your rights will be protected, and we will work to ensure that you can resolve your case successfully.

Contact a McLean, VA DWI Defense Attorney

Noorishad Law, P.C. is committed to helping our clients achieve the best possible results in DUI cases. Experienced McLean drunk driving defense lawyer Kaveh Noorishad will take an aggressive approach to your case, fighting to protect your rights at all times. Contact us at 703-542-4500 for a complimentary consultation.