Get help and advice from experienced and skilled Virginia DUI lawyers who have helped more than 3000 people charged with DUI, DWI, and Reckless Driving in northern Virginia
Driving under the influence is probably the most serious charge many of our clients will ever deal with. Carlos Wall and Alex Gordon understand the pressure upon anyone accused of DUI. We understand the challenges you face to your licensing, security clearance, employment, lifestyle, and reputation. A substantial portion of our practice is devoted to defending those accused of DUI/DWI in Northern Virginia and we have built a reputation for being tough, aggressive, and thorough litigators. Carlos and Alex will tirelessly explore every possible legal avenue to obtain the results you require.
Keys to the successful defense of Fairfax DUI charges
Defending Prince William County DUI charges and DUI arrests in Manassas
Representing clients accused of Loudoun County DUI cases and how our lawyers get results in Leesburg DUI trials
Advice for people accused of an Arlington DUI or Falls Church DUI charge.
Call now at 703-468-8190 or complete the form on this page for a free consultation and your first step toward a second chance. We serve Fairfax County, Loudoun County, and Prince William County, Arlington County, and the Cities of Alexandria, Manassas, and the City of Fairfax.
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Our clients speak for us
Real reviews from clients charged with DUI in Fairfax, Loudoun, and Prince William County
By S.P.
Alex Gordon is an excellent lawyer, he has extreme experience when dealing with court cases like Traffic/DUI/other Criminal cases. He has got me out of a from a doomed condition out with my court case which I cannot forget. He deals with the cases with a lot of responsibility, patience & professionalism. He tells you the right course action which should be taken during the court proceedings. The office staff, Vanessa is also doing a great job by maintaining the communication between the lawyer & defendant with utmost sincerity, responsiveness. I highly recommend Alex Gordon to others who are suffering due to there court cases. Gordon Law firm rocks !!!
By T.D.
I was referred by a friend for Carlos Wall at the Gordon Law Firm. He was the first person I contacted for my legal troubles back in May 2019. I was able to get his personal cell phone through his office and spoke to him right away. He consulted me about my options free of charge. Before weighing out my options with any other attorneys, I knew Carlos was my guy the moment I talked to him. Carlos showed his professionalism throughout the whole process and by the end, helped me win my case in our trial. I’m forever grateful for Carlos and would highly recommend him to anyone.
By M.S.
Carlos Wall is incredible and knows his stuff. I totally recommend his services. You won't be disappointed.
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Our numbers speak for themselves.
In the last five years, we have represented over 300 people for varying types of DUI charges in Fairfax, Manassas and Loudoun County. Out of those clients charged with DUI or DWI in Virginia, nearly 70% of them avoided conviction for a DUI in Fairfax, Prince William or Loudoun County. Take action now and contact Carlos Wall and Alex Gordon to discuss your DUI charge. We will give you an honest evaluation of your case, and explain to you how to put yourself in the best position to achieve a successful outcome.
Keep reading this page for information about your Virginia DUI case:
- Punishment and Sentences for a Virginia DUI
- Was the Virginia DUI Stop Justified?
- The DUI Field Sobriety Tests in Virginia
- Challenging the Virginia DUI Breath and Blood Tests
- What Will My Defense Cost Me?
- Getting on the Road to a Positive Outcome
- Call Now to Discuss Your Virginia DUI Case for Free
DUI/DWI Punishment & Sentences
Alex Gordon and Carlos Wall, the DUI attorneys at The Gordon Law Firm are experienced DUI lawyers who do not believe in giving misinformation or false hope. We shoot straight from the beginning.
The severity of the consequences of a DUI/DWI conviction will depend on the unique circumstances surrounding your traffic stop, and your existing driving record. As you would expect, consequences for repeat offenses are more severe.
In Virginia, your first two DUI/DWI convictions within a ten-year period are class one misdemeanors. A third is a class six felony.
After looking at all of the facts in your case and your record, Carlos Wall and Alex Gordon will give you an honest assessment of the consequences you may be facing and the defenses which can be used in your case to fight conviction or reduce your charges.
First-time offenders can face up to a year in jail, a $2,500 fine, and a mandatory loss of driving privileges for 12 months. Under some circumstances, the judge may grant you restricted driving privileges so that you can drive to work, school, daycare, and religious activities. Mandatory minimum jail sentences for a blood alcohol content (BAC) over 0.14, for first-time offenders, are:
- 0.15 – 0.20 five days
- Above 0.20 10 days
If you are a first-time offender with a BAC below 0.14 it is unlikely that you will be sentenced to more than 48 hours in jail if the following also apply:
- There was no accident
- Your driving behavior was not egregious
- You had a valid driver’s license
- You have a decent driving record
- You were cooperative with the police officer
Armed with the facts in your case, we may be able to negotiate a positive outcome or take your case to trial and secure a verdict of “not guilty”. We may be able to have the charge amended to reckless driving, which is still a class one misdemeanor but carries less severe consequences than DUI/DWI, or we may be able to get the charge dismissed before or after trial. There are many aspects of your arrest we may be able to challenge.
Will I face jail time for a DUI?
This depends upon your driving record and if this is a first DUI. If it is, you may not have any jail time. However, if your blood alcohol content (BAC) is 0.15% and not higher than 0.20% at the time of arrest, there is a minimum five-day jail term. A second offense at this BAC level within 10 years carries a mandatory minimum 10-day jail term. If your BAC is 0.20% or higher at the time of arrest, your first offense carries a mandatory minimum 10-day jail term. A second offense within 10 years at this BAC level carries a mandatory minimum 20-day jail term.
Was the DUI Stop Justified?
A police officer cannot stop you for DUI/DWI just because they feel like it. There must be reasonable articulable suspicion of wrongdoing. If a judge finds that the officer did not have reasonable articulable suspicion, your case may be dismissed. Examples of driving behaviors that can constitute reasonable suspicion of DUI or DWI include:
- Driving too slowly
- Speeding
- Weaving, or failure to maintain lane
- Swerving
- Disobeying traffic signs
- Reacting poorly to roadway conditions
If you have been stopped based on suspicion of DUI or for another traffic infraction, the officer looks for signs of intoxication including slurred speech, bloodshot eyes, and the inability to follow directions.
The Field Sobriety Test
If you are stopped for or suspected of DUI, the officer can request that you take a field sobriety test (FST) and possibly more than one FST. FSTs are voluntary in Virginia, meaning that you have the right to refuse to take these tests. Refusal cannot be used against you in court. FSTs are used to establish probable cause for a DUI arrest.
Examples of FSTs include:
- Horizontal gaze nystagmus (HGN)
- Nine-step walk and turn
- One-leg stand
- Nose touch
- Alphabet
FSTs that are administered improperly is not valid. Our DUI defense attorneys will ask you questions about your FST, including the instructions given to you by the officer and if the officer demonstrated how to perform the tests. Other factors, including medical conditions, can also invalidate the results of FSTs. Attorneys Alex Gordon and Carlos Wall have extensive experience cross-examining officers in court regarding FSTs and holding them accountable for any errors in administration.
Can I refuse a breathalyzer test? Will there be consequences?
You can refuse to take the preliminary breath test, which is given at the traffic stop to establish probable cause for a DUI arrest. There are no consequences for refusing this first test. However, once you are arrested, then Virginia’s “implied consent” rules apply. These rules state that by driving on a public highway you have agreed to take a breath or blood test to measure the level of alcohol or drugs in your system. If you refuse to take this test, there are consequences and the court could find that you have “unreasonably” refused. This “unreasonable” refusal results in a one-year suspension of your driver’s license. You are also not eligible for a restricted driver’s license during a suspension for a breath or blood test refusal.
Can I lose my driver’s license after a DUI arrest?
Yes. Again, these are the reasons you need the experience of our lawyers to negotiate these issues. These are the standard revocation times if convicted:
- Conviction of first DUI offense = 1-year driver’s license revocation
- Conviction of second DUI offense = 3-year driver’s license revocation
- Conviction of third DUI offense with 10-year period = Indefinite driver’s license revocation
Challenging the Breath and Blood Tests
There are two breath tests you may be asked to take. The first is the preliminary breath test (PBT) taken at the traffic stop to establish probable cause for a DUI arrest. The second is administered after you are arrested, typically at the police station or jail.
PBT test results are only admissible in court if you challenge probable cause in a pre-trial hearing. They cannot be used against you to establish the guilt of DUI. In order to be valid proof of probable cause, the PBT must have been administered on an approved device, which has been properly calibrated and used according to the operator’s manual. You do not have to consent to the PBT.
After you are arrested, “implied consent” kicks in. Implied consent, in Virginia, means that simply by driving on a public highway you have agreed to take a breath or blood test to measure the level of alcohol or drugs in your system. There are consequences for refusing the test at this point, if the officer informs you of the implied consent law and if the court finds that you “unreasonably” refused. Implied consent does not apply if you were driving on private property.
If the breath or blood test administered after your arrest finds that your BAC was above legal limits, we may be able to challenge the results. The machines used for these tests are not always accurate. They must be properly calibrated and maintained and they must be used properly. The breath test machine can give false readings due to other chemicals in the blood or health issues such as esophageal or stomach issues. The blood test may not accurately reflect your level of intoxication at the time you were driving.
Our experienced Virginia DUI lawyers know how to challenge the breath and blood test results and find flaws in the prosecutor’s case. We may be able to negotiate reduced charges and penalties before trial or have your charges dismissed by the court. Even if we are not successful before trial, we may be able to secure a not guilty verdict at trial.
What should I expect during a DUI/DWI trial?
Arraignment
If you have an attorney, you may not have to show up for arraignment, where the court will advise you of the DUI charges against you, the right to have an attorney, and the date of the upcoming trial.
Plea Bargain
The next step is generally to talk with the prosecutor about your case. The prosecutor may offer to drop some charges, reduce charges, or ask for a lighter sentence in exchange for a guilty plea. This is where our attorneys can really add bargaining power, whether you choose to settle or not.
Going to trial
A trial can be a jury trial or a bench trial. Before your trial starts, as your attorneys, we would likely file pretrial motions. These are legal issues that the judge will address before the case goes before a jury. We may file a motion to suppress evidence, for instance, if we feel the police violated your rights during your traffic stop or your arrest. We may challenge results from breathalyzer tests and anything else we feel appropriate. After pretrial motions, if you’re having a jury trial, jury selection comes next. We look to eliminate jurors who may not be impartial to your case and situation. Then the case will be presented, first by the prosecution, and then the defense. Both sides can respond to testimony and expert witnesses called by the other side. After final arguments are given, the jury convenes to decide on the case. They will come back with a guilty or non-guilty verdict. If you are found guilty, you may be able to file an appeal.
What Will My Defense Cost Me?
Your consultation is free of charge. Contact us online or over the phone to set it up. You can come into the office or your consultation can take place over the phone. That is up to you.
We will give you a quote on the fee during your initial consultation. We need to know the facts of your case in order to determine the fee. A more difficult and complicated case will have a higher fee. For instance, if you have a poor driving record, prior to DUI charges, if there was an injury accident or if you are accused of having a high BAC your fee will be higher than a first time DUI with low BAC and a clean driving record.
We only charge a flat fee. You will be responsible for costs such as those for investigators, expert witnesses, and court costs, and any fines against you.
The flat fee covers all of our work, no matter how many court appearances are required. We do not charge you by the hour. We do not bill you for phone calls and other communication. You will have direct phone numbers and email addresses for every attorney on our staff, and you will always have direct access to your attorney by phone or text. We believe that you deserve the peace of mind that comes with being able to get answers to your questions and concerns whenever you need them.
We accept all major credit cards, and, in some cases, we can set up a payment schedule.
What if I cannot afford a trial for my DUI case?
Many DUI cases are settled before they go to trial. That doesn’t mean you should plead guilty and let the state have the upper hand. That means your attorney can challenge various aspects of the state’s case and work toward a settlement that is completed without having to go to trial. There will be court costs, but they are manageable when compared to these costs:
- Criminal fines
- License suspension
- Ignition interlock devices
- Driving classes/treatment programs
- Insurance premiums
- Lost wages and potential discharge
- When you opt to simply plead guilty and not have a trial, you’ll likely deal with all of the above costs. Imagine losing your license for an entire year. How much is that going to cost you? Your fine for a first DUI offense in Virginia can be $2,500. A DUI conviction will significantly impact your future insurance costs, and it will stay on your record for 11 years. Because Virginia is a right-to-work state, you can be fired from your job for DUI. These are all reasons to talk to The Gordon Law Firm. Our experienced DUI attorneys consult with you for free, and from there we charge a flat fee for our services.
Getting on the Road to a Positive Outcome
If you have been charged with DUI or DWI, in Virginia, the sooner you talk to an experienced DUI defense lawyer, the better off you will be. Virginia DUI laws are complex, and while the laws are strict and penalties severe, they can also work in your favor in the hands of an experienced and skilled attorney.
Police officers, prosecutors, and judges must act according to the law as well. There are many aspects of your stop and arrest that we may be able to challenge. Working closely with you, we will find any weaknesses and flaws in the prosecutor’s case. Once we are armed with the facts, we can often negotiate reduced charges or penalties. We may be able to have your jail time and fines reduced and minimize restrictions on your driving privileges. In some cases, we can have the charges dismissed entirely.
Our attorneys know Virginia law and the gravity of DUI and DWI charges. We assist you with all aspects of your defense, including issues related to:
- Virginia DWI Breathalyzer Refusal
- DUI Drug Offenses
- Virginia DUI Refusal Charges
- Search Warrant for Blood Cases in Virginia
- Ignition Interlock Requirements in Virginia
- Restricted Driver's License and Restricted Privileges
We are always ready to take your case trial if negotiations fail. At trial, the Commonwealth Attorney must try to prove your guilt beyond a reasonable doubt. And we will challenge the evidence on several fronts including:
- The validity of the traffic stop
- Probable cause for your arrest
- The validity of breath or blood test results
What if I cannot afford a trial for my DUI case?
Many DUI cases are settled before they go to trial. That doesn’t mean you should plead guilty and let the state have the upper hand. That means your attorney can challenge various aspects of the state’s case and work toward a settlement that is completed without having to go to trial. There will be court costs, but they are manageable when compared to these costs:
- Criminal fines
- License suspension
- Ignition interlock devices
- Driving classes/treatment programs
- Insurance premiums
- Lost wages and potential discharge
- When you opt to simply plead guilty and not have a trial, you’ll likely deal with all of the above costs. Imagine losing your license for an entire year. How much is that going to cost you? Your fine for a first DUI offense in Virginia can be $2,500. A DUI conviction will significantly impact your future insurance costs, and it will stay on your record for 11 years. Because Virginia is a right-to-work state, you can be fired from your job for DUI.
Call Now to Discuss Your Virginia DUI Case for Free
To learn more about our Virginia DUI lawyers and your legal rights and how we can help you get on the road to the best possible outcome, please call The Gordon Law Firm at 703-468-8190, or complete the form on this page for a free consultation. We welcome clients from Arlington, Fairfax County, Loudoun County, and Prince William County, including Manassas, Leesburg, and Fairfax.