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DUI/DWI

Northern Virginia Defense Attorneys With Extensive DUI Experience

DUI is one of the most complicated criminal laws in Virginia, and having a competent attorney to represent you is absolutely essential. At Nichols & Green PLLC, our lawyers defend hundreds of drivers each year, helping many of our clients prevent conviction and helping many others minimize their penalties.

If you have been arrested for DUI in Virginia, you face serious penalties. Even a first DUI can mean up to 12 months in jail and a 12-month mandatory driver’s license suspension. A conviction can also cost you up to $2,500 in fines, plus fees, court costs and increased insurance premiums. Second and third DUIs come with considerably more severe penalties and consequences.

Complex Laws Require Vigorous Defense

Virginia law contains approximately 22 pages of DUI codes, endless case law on the subject, and 17 different categories of punishments that a driver can receive depending on previous convictions, blood alcohol content (BAC) and the discretion of a judge. This complexity calls for sophisticated legal representation.

In addition to having extensive technical training, attorney Luke Nichols is the author of “The Virginia DUI Handbook” (2010). Contact Nichols & Green PLLC today for a free copy.

The most common way to be convicted of DUI is to have a blood alcohol content (BAC) of .08 percent or higher. The law does not require a driver to be drunk to be accused of driving under the influence. An experienced drinker may be convicted of DUI no matter how safely he or she operates a vehicle if his or her blood alcohol level is higher than .08.

On the other hand, a driver can also be convicted of DUI when he or she has a BAC of less than .08 but is “substantially impaired.” A driver may be found guilty of DUI if the police officer can prove that the driver’s ability to drive was impaired by alcohol. Consequently, a driver who is texting or talking on a cellphone after having only one or two drinks may be arrested for DUI, and his or her distracted driving may be attributed to intoxication.

What’s the Difference Between DUI and DWI?

In Virginia, the judicial process uses the acronyms “DUI” and “DWI” interchangeably. Technically,driving under the influence (DUI) applies to intoxication via any form of drug or alcohol, while driving while intoxicated (DWI) generally refers to only alcohol.

Whether your warrant says DWI or DUI, it really does not matter. The statute is the same, and the consequences are the same, so most people in Virginia use the terms interchangeably.

Any drug or medication that affects your ability to drive safely can potentially lead to a DUI conviction. Over-the-counter allergy medicines, cough syrup and necessary prescription medications can affect your ability to drive and result in a DUI conviction. Ambien, Lexapro, Zoloft, Trazodone, and Oxycodone are some of the most common prescription drugs that lead to DUI arrests.

Contact a Prince William County Drunk Driving Defense Attorney for a Free Consultation

Luke Nichols represents hundreds of drivers each year and has extensive experience practicing in Prince William County courts. If you have been accused of DUI or DWI in Prince William County, Manassas, Manassas Park, Haymarket or Reston, contact Nichols & Green PLLC today to find out what we can do for you.

Our Guarantee

The Fairfax DUI/DWI attorneys of Nichols & Green PLLC provide free appeals to circuit court as part of our fee, an unusual benefit that few Virginia attorneys are confident enough to offer. If your DUI/DWI case goes to trial and you are not 100 percent satisfied with the outcome, we will appeal it to circuit court without charging you any additional fees.

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