Free Consultations703-542-4500
Herndon DUI Defense Lawyer
We challenged the breath test and officer observations, winning dismissal at a motion to strike in trial.
I am not typically anxious but an unexpected DUI case put me anxiety through the roof. Thank you for everything you did for me, from beginning to end I was lucky to have you as my Lawyer...
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.
125+
Star Reviews
I used Kaveh for past 4 years & recently with my 2nd DUI case which thankfully got DROPPED! He is a wonderful attorney. I could not have been happier and I will never go anywhere else. Highly recommend!
There are many reasons why people may be arrested on charges of driving under the influence (DUI). An arrest may take place after a traffic stop for a minor traffic violation, a person may be arrested after being stopped at a DUI checkpoint, or the police may arrest a person for drunk driving following an accident. Intoxicated driving charges are serious, and DUI is a criminal offense that could lead to penalties such as jail time, fines, the loss of a driver's license, and other issues that can affect a person's life.
Because impaired driving puts everyone on the road at risk, law enforcement officials in Herndon are likely to arrest drivers who are suspected of being intoxicated, and prosecutors will often take steps to impose harsh penalties. Due to the serious penalties that a person can face, legal representation is crucial when defending against DUI charges. At Noorishad Law, P.C., our attorney can help defend against misdemeanor or felony DUI allegations. With his understanding of field sobriety testing, breath and blood analysis, and the laws that apply in DUI cases, he can provide guidance on how to resolve these cases successfully.
Alcohol is a depressant that affects the central nervous system. It can limit the brain's ability to process information and send signals throughout the body. This may affect a person's reaction times and ability to maintain control over their physical movements. Even at relatively low levels, alcohol can cause impairments that can affect a driver's depth perception, their awareness of what is happening around them, how well they can judge speed and distance, and their ability to perform the correct movements to maintain control while driving.
Drugs can have similar effects as alcohol. These may include illegal substances like cocaine or methamphetamine, prescription medications, or over-the-counter products. Certain drugs may cause drowsiness, limit a person's reflexes, and affect their concentration. Combining alcohol with controlled substances, prescription drugs, or cold and flu medicines can intensify the effects well beyond what any substance would cause on its own.
Because alcohol and drug impairment reduces a driver's ability to see the road, respond to sudden hazards, and maintain control over their vehicle, it can cause dangerous car accidents that may result in severe injuries or fatalities. To help protect safety on the roads, police officers may arrest drivers who they believe are intoxicated due to the use of drugs or alcohol.
In Virginia, DUI is typically classified as a Class 1 misdemeanor for a first offense. The penalties a person may face if they are convicted include a jail sentence of up to 12 months and a fine of $250 to $2,500. If a person had a blood alcohol concentration (BAC) between 0.15 and 0.20 percent, they will face a minimum sentence of five days in jail, and a BAC above 0.20 percent will result in a minimum of 10 days. A first DUI conviction will result in a one-year driver's license suspension, although a restricted license with an ignition interlock device may be available.
A second DUI offense is also a Class 1 misdemeanor, but the penalties can increase substantially. If the second offense takes place within 10 years following a first offense, a person will be required to serve a minimum sentence of 10 days in jail. If a second DUI takes place within five years after a first offense, the minimum sentence increases to 20 days. A second DUI will result in a driver's license suspension for three years.
Virginia's implied consent law requires drivers who have been arrested for DUI to submit to a breath or blood test. The refusal to submit to chemical testing after being arrested will result in an automatic driver's license suspension. The first time you refuse to be tested, your license will be suspended for one year. A second refusal will result in a three-year suspension, and you may also face Class 1 misdemeanor charges.
Depending on the strength of the evidence, the circumstances of a traffic stop, and other factors, it may be possible to negotiate a reduction to a lesser charge. In some cases, prosecutors may be willing to charge you with reckless driving rather than DUI. Our attorney understands how to negotiate favorable agreements, and he can help you determine how to minimize the penalties you may face.
Yes. A DUI conviction will result in a license suspension. The length of the suspension will depend on whether you are convicted of a first, second, or subsequent DUI offense. A restricted license that will require you to use an ignition interlock device may be available in some cases.
A DUI charge may be elevated to a felony based on certain circumstances. A third DUI offense is a Class 6 felony. The penalties in these cases may include up to five years in prison, a mandatory minimum fine of $1,000, and an indefinite suspension of a person's driver's license. If a third DUI took place within 10 years, a minimum sentence of 90 days will apply. If a person is convicted for DUI a third time within five years, the minimum sentence increases to six months.
DUI can also be charged as a felony if a person allegedly caused serious harm to someone else because of intoxicated driving. If an accident resulted in severe injuries, a person may face charges of DUI maiming. This is a Class 6 felony in cases involving serious injuries, but charges may be elevated to a Class 4 felony if an injury resulted in permanent impairments.
When impaired driving results in a death, the offense is prosecuted as involuntary manslaughter, which is a Class 5 felony. In cases where a person is accused of showing a reckless disregard for the safety of others, they may be sentenced to between one and 20 years in prison.
The penalties you may face when you are charged with DUI can play a role in your life for years to come. To address DUI charges, contact our Herndon DUI attorney at Noorishad Law, P.C.. Call our office at 703-542-4500 to schedule your free consultation today.
People in Herndon who face criminal charges will usually have their cases heard at the Fairfax County Circuit Court, located at:
We represent clients in Fairfax County from our office in McLean, located at:
Noorishad Law, P.C.
8200 Greensboro Drive, Suite 900
McLean, VA 22102
(By Appointment Only)
703-542-4500 - Office
703-636-8945 - Fax
Reach out to us by filling out the form below or calling 703-542-4500. We are available 24/7 to address your needs, and we will provide you with a free consultation.
From our office in McLean, VA, Noorishad Law, P.C. provides legal help to clients and their families throughout the area, including Fairfax County, Arlington County, Loudoun County, Prince William County, Alexandria, Annandale, Arlington, Ashburn, Broadlands, Burke, Cascades, Centreville, Dale City, Dumfries, Fairfax, Falls Church, Gainesville, Haymarket, Herndon, Lake Ridge, Leesburg, Manassas, Montclair, Occoquan, Purcellville, Quantico, Reston, Stafford, South Riding, Springfield, Sterling, Stone Ridge, Sugarland Run, Tysons, Vienna, Woodbridge, and Woodburn.
Results listed are not a guarantee or indication of future case results.
