DUI & DWI Lawyer Fairfax, VA

Why Call Early (It Truly Helps)

Acting quickly lets us:

1. Preserve dash/body-cam and testing records,
2. File time-sensitive motions, and
3. Guide you on steps that improve outcomes (treatment, proactive VASAP intake, character letters).

Early moves often change the trajectory of a case.

Empathy + Transparency: What to Expect With Us

• A judgment-free space to tell your story
• Plain-English explanations of your options (no scare tactics)
• Clear timelines & next steps so you always know what we’re doing and why
• A defense focused on protecting your license, job, and future

“Going to court was very stressful… he made me feel calm and that everything was going to be alright—and it was!” — Lauren A.

DUI/DWI & Your Job: Minimizing Collateral Damage

• Driving roles: CDL/commercial & delivery jobs face heightened risk
• Licensed professionals: healthcare, teachers, lawyers, government contractors
• Security clearance: we coordinate strategy with clearance obligations
• Insurance: we help you plan for SR-22 and premium changes

We’ll tailor your defense and mitigation plan to your career and life realities.

Fast Facts & Safety Context (kept from your prior content)

• 13,384 people were killed in drunk-driving crashes nationwide in 2021—about 31% of all traffic deaths.
  These sobering figures underscore why Virginia enforces DUI/DWI laws strictly—and why a skilled, ethical defense matters.

Early advice from a Fairfax DUI lawyer often changes how these cases unfold.

Fairfax DUI & DWI FAQs

What is the legal Blood Alcohol Concentration (BAC) limit in Fairfax, VA?

In Fairfax, the legal Blood Alcohol Concentration (BAC) limit for drivers aged 21 and over is 0.08%. Commercial drivers face a lower limit of 0.04%, while drivers under 21 are held to Virginia’s zero-tolerance policy—any BAC at or above 0.02% can result in a DUI or DWI charge under Va. Code § 18.2-266.1. Even with a BAC below 0.08%, officers may still charge a driver if there is evidence of impairment by alcohol or drugs.

What are the penalties for a first-time DUI or DWI in Fairfax, VA?

A first-time DUI/DWI is typically charged as a Class 1 misdemeanor and can include:

• Up to 12 months in jail and fines up to $2,500 (with a minimum fine of $250)
• One-year driver’s license suspension
• Mandatory participation in the Virginia Alcohol Safety Action Program (VASAP)
• Ignition Interlock Device (IID) requirement for restricted licenses

If your BAC is 0.15% or higher, Virginia law imposes mandatory minimum jail time of 5 days, increasing to 10 days if your BAC is 0.20% or greater. Refusing a chemical test can also lead to an automatic suspension under Virginia’s Implied Consent Law.

Can a DUI or DWI charge be reduced to a lesser offense?

Yes, in some cases. Depending on your BAC, driving record, and evidence quality, an attorney may negotiate to have the charge reduced to reckless driving (sometimes called a “wet reckless”). This reduction can lessen fines, penalties, and long-term consequences—but it is at the discretion of the prosecutor and court.

Is it mandatory to take a Field Sobriety Test in Virginia?

No. Drivers are not legally required to take field sobriety tests (FSTs) during a traffic stop. However, refusal may still lead to an arrest if the officer observes other signs of impairment.

It’s important to note that Virginia’s Implied Consent Law does require drivers who are lawfully arrested for DUI/DWI to submit to chemical BAC testing (breath or blood). Refusing those tests results in an automatic license suspension—one year for a first refusal and up to three years for subsequent refusals.

Can a DUI or DWI charge in Fairfax be challenged or dismissed?

Yes. Common defense strategies include:

• Challenging the legality of the traffic stop or arrest
• Contesting BAC testing procedures or calibration errors
• Questioning field sobriety test accuracy
• Arguing violations of your constitutional rights

An experienced Fairfax DUI/DWI lawyer can analyze the evidence, identify weaknesses, and work to reduce or dismiss the charges.

What are the long-term consequences of a DUI or DWI conviction?

Beyond court penalties, a conviction can lead to:

• Higher insurance premiums or policy cancellation
• Employment challenges, especially in driving-related or licensed professions
• Professional license suspension (e.g., for teachers, nurses, or attorneys)
• Permanent criminal record, visible on background checks
• Emotional and financial stress, including legal fees and lost income

Repeat offenses carry heavier fines, longer jail time, and can escalate to felony charges.

Do I really need a lawyer for a DUI or DWI in Fairfax, VA?

While not mandatory, having a skilled Fairfax DUI/DWI attorney greatly improves your outcome. A lawyer can safeguard your rights, challenge unreliable evidence, negotiate with prosecutors, and pursue reduced penalties or dismissal. Legal representation can often mean the difference between losing your license—or keeping your freedom.

Fairfax DUI Glossary

At Dave Albo – Attorney, we represent individuals facing DUI charges in Fairfax, VA, providing clear legal guidance throughout the legal process. DUI laws in Virginia can be strict, and understanding key legal terms is essential when dealing with these cases.

Implied Consent Law

Virginia law requires drivers to submit to breath or blood tests if they are lawfully arrested for DUI. This is known as the Implied Consent Law. Refusing a test can lead to an automatic driver’s license suspension, even if you are not convicted of DUI. The first refusal results in a one-year suspension, and additional refusals can lead to longer suspensions and criminal charges. It is important to understand that refusing a test does not mean DUI charges will be dismissed, as prosecutors may rely on other evidence to pursue a conviction.

Administrative License Suspension

An Administrative License Suspension (ALS) occurs immediately after a DUI arrest in Virginia. If you are arrested for DUI and either refuse a breath test or have a blood alcohol concentration (BAC) of 0.08% or higher, your driver’s license will be automatically suspended. The length of the suspension depends on whether it is a first or subsequent offense. A first-time offense results in a seven-day suspension, while repeat offenses carry longer suspension periods. Challenging an ALS requires filing a request with the court within a specific timeframe. Understanding these time limits is important for protecting your driving privileges.

Restricted Driver’s License

After a DUI conviction or administrative suspension, some drivers may be eligible for a Restricted Driver’s License, which allows limited driving privileges. This license typically permits travel to work, school, medical appointments, or other court-approved locations. In many cases, installation of an ignition interlock device (IID) is required to obtain restricted driving privileges. Petitioning for a restricted license must be done through the court, and the judge has the discretion to grant or deny the request. Having legal representation can improve the chances of obtaining approval.

Ignition Interlock Device (IID)

An Ignition Interlock Device (IID) is a breathalyzer installed in a vehicle that requires the driver to provide a breath sample before the car will start. Virginia law mandates IID installation for certain DUI convictions, particularly for those seeking a restricted license. The device records all breath test results, and any failed attempts may be reported to the Virginia Alcohol Safety Action Program (VASAP) and the court. Failure to comply with IID requirements can result in additional penalties. Proper use and maintenance of the IID are necessary to maintain driving privileges.

Virginia Alcohol Safety Action Program (VASAP)

The Virginia Alcohol Safety Action Program (VASAP) is a court-ordered education and treatment program required for many individuals convicted of DUI in Virginia. VASAP provides alcohol and substance abuse education, monitors compliance with court-ordered treatment, and oversees ignition interlock requirements. Completing the program is often a condition for regaining full driving privileges. Noncompliance with VASAP can result in further legal consequences, including extended license suspensions or additional court action. Enrollment in VASAP is a critical step for those convicted of DUI to meet their legal obligations.

Dave Albo – Attorney, Fairfax DUI Lawyer

8350 Broad St Suite 1600, Tysons, VA 22102

Contact Our Fairfax DUI & DWI Lawyer Today

Facing a DUI or DWI charge in Fairfax can be overwhelming — emotionally, financially, and legally. You don’t have to go through it alone. At Dave Albo – Attorney, we bring decades of experience defending good people who made one mistake or were unfairly accused. Our Fairfax DUI & DWI lawyers understand what’s at stake — your license, your job, and your future — and we act fast to protect them.

If you’ve been charged with Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) anywhere in Fairfax County or Northern Virginia, contact us right away. We’ll review your case, explain your legal options, and create a defense strategy focused on minimizing penalties and helping you move forward with confidence.

Our team has helped thousands of Virginians navigate these charges with compassion and skill. We know how stressful and uncertain this process can feel, and we’re here to provide clarity and hope — not judgment.

Call (800) 814-1266 or fill out our secure contact form to schedule your free, confidential consultation today. Don’t wait — early action can make all the difference in your outcome.