Fairfax, VA DUI Attorney

Case Dismissed Driving While Intoxicated

We secured a dismissal for our client by challenging a breath test and a police officer's observations.

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I want to thank Mr. Noorishad and their office for helping me successfully resolve my charges.

They were professional, supportive, and always kept me informed throughout the whole process. I felt confident having them represent me, and I truly appreciate all the work they put into my case. I would definitely recommend Mr. Noorishad to anyone who needs legal help.

Results-Driven Criminal Defense Attorney for Complex DUI Cases in Fairfax, Virginia

Attorney Kaveh Noorishad

Attorney Spotlight Kaveh Noorishad

As the owner, founder, and managing attorney of Noorishad Law, P.C., Kaveh concentrates his practice in criminal and civil litigation across Virginia. Committed to helping people through difficult legal matters, he offers a free initial consultation.

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125+starsStar Reviews

I had a great experience. I was worried but he was able to work out a great deal, and made the whole process very easy for me. Im more than happy with the outcome. I would recommend him to anyone. So grateful, thank you!

Virginia has some of the country's strictest intoxicated driving laws. Even a first-time DUI charge can lead to serious jail time and a prolonged suspension of your driving privileges if your case does not go well. The potential charges and the sentences they carry become much more severe if you are convicted of multiple DUIs or if there were aggravating factors.

Many DUI defendants are charged with more than one crime stemming from the incident. People who are accused of drug-related DUI may also be charged with drug possession or other drug crimes. People who were involved in traffic accidents may be charged with hit-and-run or other traffic crimes in addition to DUI. If your license was already suspended, you might be facing a probation violation and automatic jail time, as well as a separate charge for driving with a suspended license. Others may face felony child endangerment charges for having their children in the car while driving drunk.

Noorishad Law, P.C. knows there is no such thing as a simple DUI case. Even if the facts of your case seem very straightforward, and the evidence initially appears airtight, there is a lot more to a DUI case than meets the eye. You may have a strong legal defense because the police made a mistake when handling your arrest, or the chemical test used to establish your BAC could have been flawed. Aggressive Fairfax DUI lawyer Kaveh Noorishad works to make the impossible possible, and he will never give up on your case. He has been recognized as one of the top 10 Virginia DUI attorneys for client satisfaction by the American Institute of DUI/DWI Attorneys, and he strives to deliver outstanding results for every client.

Alcohol and Drug DUI

Like most other states, Virginia law defines a legal limit of .08 percent for the blood alcohol concentration (BAC) of drivers. When a person exceeds this limit, they could be charged with DUI. However, there are some situations where people may face DUI charges even if they are below the legal limit. If a police officer believes that a driver has been operating a vehicle while in a condition that affected their ability to drive safely, they may arrest the driver for DUI.

DUI charges may also be based on the use of substances other than alcohol. Narcotics or other controlled substances can lead to intoxication, and DUI arrests may be based on suspicions that a person has been using illegal drugs. Some prescription drugs and other types of medications may lead to impairment, especially when combined with alcohol or other substances. Officers may arrest people for DUI based on the use of any substances that allegedly impaired a person's ability to operate a motor vehicle.

The Role of Field Sobriety Tests in DUI Cases

During a traffic stop in which a police officer suspects that a person has been drinking alcohol or using drugs, the officer will be looking for information indicating that the driver is intoxicated. When an officer has probable cause to believe that the person is under the influence of alcohol or drugs, they can then arrest them for DUI.

One of the most common ways that officers may try to establish probable cause is through the use of field sobriety tests. An officer may ask a person to get out of their vehicle and perform certain actions on the side of the road. During these tests, they will be watching for signs of intoxication, such as difficulty maintaining balance or an inability to follow instructions.

There are certain standardized field sobriety tests that will often be used during DUI traffic stops, including having a person walk a certain number of steps along a straight line, having them stand on one foot for around 30 seconds, or asking them to track a moving object with their eyes. Some officers may use non-standard tests, such as having a person touch their nose with their finger or asking them to count backwards.

Field sobriety tests are voluntary, although police officers may behave as if they are mandatory or imply that a person will face penalties if they refuse to follow the officer's instructions. Since the purpose of field sobriety tests is to provide an officer with probable cause to arrest a driver for DUI, it may be in a person's best interests to decline to take these tests.

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Fairfax, Virginia DUI FAQs

Q

Can I Be Arrested for DUI When Sitting in My Car?

Answer:

Being arrested for driving under the influence when you were not actually driving can feel extremely unfair and counterintuitive. A person who is leaving a bar or event may choose to wait in their car and sober up before trying to drive home. Unfortunately, this strategy for avoiding drunk driving could still lead to an arrest for DUI. If you had the ability to start your car and drive immediately, you could face DUI charges.

These cases are highly fact-dependent. It matters if you were in the driver's seat or the backseat, exactly where the keys were, and whether the key to the car was placed in the ignition. Our attorney can argue your case, demonstrate that you had taken the proper safety measures, and help you defend against DUI charges.

Q

Do I Have to Take a Breath Test During a DUI Traffic Stop?

Answer:

In addition to field sobriety tests, officers may ask drivers to take breathalyzer tests at the side of the road. These portable breath tests may provide an estimate of a driver's BAC, and they may be used to establish probable cause for an arrest. As with field sobriety tests, roadside breath tests are not mandatory. However, under Virginia's implied consent law, a breath or blood test requested after a DUI arrest will be mandatory. Refusing to submit to these tests can lead to additional penalties, including a driver's license suspension.

Q

What Happens if I Receive Multiple DUI Convictions?

Answer:

If you have a prior DUI conviction on your record, another DUI case can be extremely serious. Courts are quick to label people with multiple DUI convictions as habitual drunk drivers, and they may err on the side of protecting the public by imposing harsh sentencing. Strict mandatory minimum jail sentences and a long-term driver's license suspension can disrupt your life. Fortunately, the same DUI defense strategies that may be available in first DUI cases are generally available in subsequent DUI cases. Our lawyer will work with you to determine your best options for defense.

Q

Can a DUI Charge Be Reduced to Reckless Driving in Virginia?

Answer:

In some cases, a prosecutor may agree to charge a person with reckless driving or another offense instead of DUI. Whether this option may be available will depend on the facts of the case, the evidence, and the prosecutor. There is no guarantee that reduced charges will be possible. Our lawyer can evaluate the facts in a case and take steps to negotiate reduced charges or seek a dismissal.

Q

Will a DUI Charge Affect My Security Clearance or Professional License?

Answer:

Possibly. A DUI arrest may be reported to a licensing board, which may take steps to investigate the situation to determine whether disciplinary action is warranted. DUI charges may also affect your security clearance, especially if you are convicted. Our attorney can help you understand the potential collateral consequences of a DUI charge, and he will work with you to build a defense strategy that will help to minimize the consequences to your personal and professional life.

Defenses to DUI Charges

There are a number of defense strategies that Attorney Noorishad routinely uses in DUI cases, including:

  • Showing That the Traffic Stop Was Unconstitutional: Police officers cannot pull over vehicles unless they have an objective reason to suspect that the driver or someone in the vehicle is breaking the law. By demonstrating that a traffic stop should not have been performed in the first place, the evidence gathered during the stop may be suppressed.
  • Explaining Field Sobriety Test Results: Anything from a medical condition to the weather could affect a person's performance on field sobriety tests. Providing other explanations for results that an officer believed to be based on intoxication may help demonstrate that a person was not under the influence of alcohol or drugs.
  • Excluding BAC Evidence: Breath and blood tests may be performed after a person is arrested for DUI and taken to a police station. However, these tests can be flawed for various reasons. Our lawyer will challenge results that may be inaccurate due to faulty equipment, improper testing procedures, gaps in the chain of custody of blood samples, or laboratory errors.
  • Proving Necessity: An intoxicated person may have a compelling reason to drive due to an emergency. Our attorney may be able to provide explanations for a person's actions, which may help to mitigate the potential penalties.

Contact Our Fairfax DUI Defense Lawyer

Noorishad Law, P.C. fights for the best outcomes for our clients in DUI cases. Attorney Kaveh Noorishad will work closely with you to determine the right defense strategy. He will take steps to help you avoid a conviction or minimize the impact that DUI charges may have on your driver's license, your finances, and your life as a whole. Contact our Fairfax, VA DUI defense attorney at 703-542-4500 for a complimentary consultation.

Legal Representation in Fairfax County Courts

People in Fairfax who face criminal charges will usually have their cases heard at the Fairfax County Circuit Court, located at:

4110 Chain Bridge Rd, Fairfax, VA 22030

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We represent clients in Fairfax from our office in McLean, located at:

8200 Greensboro Drive, Suite 900, McLean, VA 22102

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