Recently, the Commonwealth of Virginia changed their DUI laws slightly to make the penalties more severe. Under the new laws, anyone previously convicted of a felony DUI will automatically be charged with a felony DUI if they have been previously convicted of a felony DUI. This makes it more important than ever to get a Fairfax DUI attorney if you are charged with driving under the influence.
New Rules Explained by Fairfax DUI Attorney
Previously, a person could only be charged with felony DUI if:
- When injury or death occurred as a result of the DUI
- He/she was convicted of a third DUI within a ten year period
This change in the law is meant to deal more harshly with repeat offenders; previously, if a person had problems with alcohol and then stayed clean for a number of years, the clock would essentially be reset. With these changes, the felony conviction will follow them forever and any subsequent DUI conviction would carry with it a mandatory one year minimum jail sentence. Therefore, if you are charged even with your first DUI, it is imperative that you contact a Fairfax DUI attorney immediately in order to keep this conviction off your record.
The Fairfax DUI attorney can challenge the veracity of the evidence, including the breathalyzer and/or blood test, the results of the field sobriety test, and the testimony of any responding officers. They also may be able to work out a plea agreement with the state to reduce the DUI charges to a lesser charge, thereby keeping that conviction off your record. This can be extremely important, should any subsequent DUI charges happen in the future.
If you have been charged with a DUI, you need a Fairfax DUI attorney with the experience to handle your case properly. The Law Office of Wilfred Ward Yeargan has the experience to properly handle your DUI charge whether it is a felony or misdemeanor, giving you the best advice possible.