Tysons Corner DUI Lawyer

There are many situations where people may be arrested for driving under the influence (DUI). A person may be pulled over for a traffic violation while driving at night, and an officer may believe that they are intoxicated due to their speech and behavior. An officer may observe a person leaving a bar or another location where alcohol had been served, or they may claim that a person drove in a way that indicated that they were drunk. When a person is arrested for DUI, they can face serious penalties, and they will need to understand their options for defense.

A DUI charge can affect nearly every part of a person's life, from their ability to drive to work each day to their future employment opportunities. Mandatory penalties will often apply, and the consequences will be more severe with each subsequent charge. At Noorishad Law, P.C., our lawyer can provide legal help for people in Tysons Corner who have been charged with driving under the influence. He works to protect his clients' driving privileges, their record, and their future.

Penalties for a First-Time DUI

A first-time DUI conviction in Virginia is usually charged as a Class 1 misdemeanor. Even without any aggravating factors, a conviction will result in a fine that will typically range from $250 to $2,500. A conviction may also lead to a jail sentence that could last for up to one year. A one-year driver's license suspension will also apply.

Penalties for a Second DUI

A person who is charged with DUI for the second time will face harsher penalties. While a second-time DUI is also classified as a Class 1 misdemeanor, a person may be required to spend time in jail, and in many cases, a judge will be more likely to impose harsher penalties.

If a person is charged with DUI for a second time within five years, they will be required to serve a minimum sentence of 20 days in jail. A second DUI offense that took place within five to 10 years carries a minimum jail sentence that will last for 10 days. A person will also face a driver's license suspension that will last for three years. A person may not be eligible for certain diversion programs that would be available to first-time offenders. Because of the harsh penalties that may apply, legal representation can be crucial for anyone who is facing a second DUI charge.

When DUI May Be Charged as a Felony

While a first-time or second-time DUI will usually be charged as a misdemeanor, certain circumstances may elevate a DUI offense to a felony. A person could face felony DUI charges in situations such as:

• Third or Subsequent DUI: A third DUI conviction within 10 years is typically charged as a Class 6 felony. A conviction can lead to a prison sentence lasting for one to five years. Harsher penalties, including longer mandatory minimum sentences, will apply for any additional DUI charges.
• DUI With Injury: A person who has been accused of causing an accident while driving under the influence and injuring someone may face felony charges. In general, charges of DUI maiming may apply if someone suffered a serious bodily injury, and a person may be charged with a Class 6 felony. If the injuries were severe enough to cause permanent impairments, a person may be charged with a Class 4 felony, and the maximum prison sentence may be as high as 10 years.
• DUI Leading to a Fatality: If a DUI led to someone's death, a person may be charged with involuntary manslaughter. While this is typically a Class 5 felony offense, with a maximum sentence of 10 years in prison, a person could be sentenced to up to 20 years if they allegedly acted in a way that showed that they had a reckless disregard for the lives and safety of other people.