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Oakton DUI Defense Attorney

Are you accused of committing driving under the influence (DUI) in Oakton, VA, and want to clear your name or reduce the penalties if you are a repeat offender? No matter which situation you are in, Kimberly Stover, Attorney at Law has an Oakton DUI defense attorney ready to help you at any given time.

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DUI cases are not cases to scoff at because if one is found guilty of the crime, regardless of whether it is true, the penalties can be very severe. It will also restrict your rights, especially when it comes to driving around the city, and if this is a repeated offense, it may result in you being banned from driving for life. If there are other charges added to your DUI charge, you definitely need to get legal assistance in order to build your defense.

Kimberly Stover, Attorney at Law makes it easier for people to build a criminal defense team who will serve as their legal support. You can contact our team immediately after you are arrested for DUI charges, and they will provide you with the right legal support to help you as the case progresses.

Call Kimberly Stover, Attorney at Law at (703) 810-3571 for your Free Case Evaluation with an Oakton DUI Defense Attorney!

Virginia’s Driving While Intoxicated (DWI) Law

Virginia’s state law uses the term “driving while intoxicated” (DWI) to refer to DUI, but it is often interchanged by attorneys to refer to drunk or drugged driving. A person is generally considered “under the influence” if the substances they ingested (whether drugs or alcohol) disables them from operating or driving a vehicle safely. Virginia also has separate laws on boating under the influence.

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Under the DWI law, all motorists are prohibited from driving or operating a motor vehicle if they are:

  • Under the influence of either alcohol or drugs,
  • Have a blood alcohol concentration (BAC) of .08% or more,
  • Have a blood concentration of .1 milligrams per liter or more of methamphetamine,
  • Have a blood concentration of .02 milligrams per liter or more of phencyclidine (PCP), or
  • Have a blood concentration of .02 milligrams per liter or more of cocaine.

For underage drivers, Virginia has “zero tolerance laws,” which makes it illegal for them to drive if they have a BAC of .02% or more reading.

A person can also be charged with DWI even if the car or motor vehicle isn’t moving. Under the law, DWI is defined as “driving” or “operating” a vehicle while under the influence or with a prohibited blood concentration of drugs or alcohol. While the statute does not fully define the exact definition of “actual physical control” when determining how a person can be considered “driving” or “operating” a vehicle while under the influence, if a person is caught while sitting in front of the steering wheel with the keys in the ignition, they can still be convicted of DWI.

The state also has a specific statute on “per se” DWI wherein a drunk driving offense will be determined based on the BAC levels instead of the offender’s level of impairment. The offender’s age, gender, body size, and the drinks they drank will also be considered for their BAC reading.

Penalties for DWI in Virginia

If a person is guilty of DWI, Virginia’s state law indicates a variety of penalties based on the circumstances surrounding the case. One’s prior convictions will also be considered when determining the penalties.

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If a person is convicted, the DWI conviction will be on their record and count as a prior conviction for the next ten years. A first offense will have a jail time of up to 12 months and a fine starting from $250 to $2,500. Their license will also be suspended for a year, and they will have to install an Ignition Interlock Device (IID) for six months minimum for them to be granted a “restricted license.”

For the second offense, the defendant will have to face jail time from 10 days to 12 months and fines starting from $500 to $2,500. Their driver’s license will also be suspended for three years, and they will need to use an IID for six months or more, depending on the court’s ruling.

For a third offense or more, the defendant will face 90 days to 5 years in jail and pay fines starting from $1,000 to $2,500. If the court allows them to drive with restricted rights, they will need to use an IID until the court deems it no longer necessary. If not, their license will be suspended indefinitely, and if the court deems it, it will be permanently suspended.

Comprehensive DUI Defense

At Kimberly Stover, Attorney at Law, we are ready to help anyone charged with DUI charges, whether it is the first time, repeat offender, or wrongly accused. The assigned attorney to your case will look at all the evidence presented and your prior convictions, if any, to determine the best defense and strategy to get the outcome that you are ok with. Your attorney will also guide you through the defense and case, so you are ready for all eventualities.

Some of the potential DUI/DWI charges that you may also face include:

1. DUI – Alcohol
2. DUI – Drugs
3. DUI – Medication
4. Extreme DUI
5. Super Extreme DUI
6. DUI with a Prior DUI Conviction
7. Extreme DUI with a Prior DUI Conviction
8. Super Extreme DUI with a Prior DUI Conviction
9. Aggravated (Felony) DUI – Suspended, Revoked, Refused, or Restricted License
10. Aggravated (Felony) DUI – Ignition Interlock DUI
11. Aggravated (Felony) DUI – Third DUI within Seven Years
12. Aggravated (Felony) DUI – Kids in Car
13. Hit and Run (a.k.a. Leaving the Scene)
14. Vehicular Endangerment
15. Vehicular Aggravated Assault
16. Felony Flight
17. Vehicular Manslaughter
18. Vehicular Homicide
19. Vehicular Murder- 1st Degree
20. Vehicular Murder- 2nd Degree

Kimberly Stover, Attorney at Law can provide you with legal support and representation regardless of the DUI/DWI charges pinned against you. We guarantee that our team will be with you from start to finish, and while we can’t guarantee that the results will always go to your benefit, we will do our best to fight for an outcome that has the least negative impact on your life.

Aggressive Defense With Proven Results

Virginia’s DWI/DUI law is quite specific when it comes to DWI violations and the penalties attached to each violation. If you are not familiar with the law, it may be difficult to prove your innocence and create the right defense that will help you achieve it. It is not uncommon to hear about DUI/DWI charges that lead to a conviction because of the defendant’s failure to understand the charges and how to defend themselves.

If you feel or know that you are accused wrongly, don’t hesitate to contact our Oakton DUI defense attorney. Kimberly Stover, Attorney at Law has a high success rate when it comes to providing customized legal support and representation to any client. Our many testimonials from satisfied clients is proof of this fact, so you know what to expect when you work with us.

For DUI/DWI cases in Oakton, VA, here are some of the defenses we can modify and use to match your situation:

  1. No actual physical control – If the incident was caused by a mechanical failure or you were not the one driving; we can use the defense that you did not have active control of the car when the police stopped you for DWI.
  2. Stopped with no reasonable suspicion – This defense is used if there is no reason for you to be stopped by the police, and when they did stop you, you were not intoxicated, and you followed all the traffic rules.
  3. Arrested with no probable cause – For this defense, we can argue that you were arrested without being given the field sobriety test, there is no evidence in your vehicle that you are intoxicated, and you do not have an active warrant of arrest.
  4. Poorly facilitated Field Sobriety Test (FST)/ BAC Test – The arresting officers did not do the Field Sobriety Test or Blood Alcohol Concentration Test properly, as well as follow the standard protocols to conduct the test.
  5. Right to Counsel was denied – If the police officers did not allow you to practice your right to reach out to an attorney and continued to ask you questions, it could be used as your argument.
  6. Miranda warnings were not given – Before you are arrested, you should be read your Miranda rights, but if the officers did not do it, it is against the law.
  7. Breath testing device was inaccurate – The FST or BAC Test used during the time you were apprehended showed inaccurate or faulty results. This defense can also be used if you know exactly your alcohol intake and how it should appear in the test.
  8. “Rising BAC” defense – Contrary to popular belief, one’s blood alcohol level can still rise continuously even after 2 hours after your last can or bottle of alcohol. If the test was conducted late, you might still clock a high result. It is possible that you may have a lower blood alcohol count during the time the test was done.
  9. Independent test was denied – If you believe that the BAC/FST showed poor results and you wish to question it, you are allowed to ask a 3rd party to conduct another test. If you are denied the practice of this right, you can argue it in court.

Our Oakton, VA criminal lawyer will sit down with you to formulate the defense for the case. We will make sure it is perfectly tailored for your case and use it to defend it in court.

Experienced Oakton DUI Attorney

Kimberly Stover, Attorney at Law knows how frustrating DUI cases could be, especially if you know that the charges were done falsely and you know that you were not drinking or were sober during the time you were apprehended. Without a legal team who can help you understand your rights and help you build your defense, you may end up facing penalties that you do not deserve in the first place.

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Once you reach out to us, you will be assigned to our Oakton DUI defense attorney, who will be your contact from start to finish. They will also help you resolve your legal troubles and make sure you are well aware of each action they will take for your defense. They will also plan multiple strategies to clear your name and adjust it accordingly as the case proceeds. All the resources and tools will also be provided so you can make the best legal decisions for your case.

Aside from DUI/DWI cases, we can also help you with other criminal cases. Simply contact us through our hotline, and we will look at the case for you to determine what legal services are perfect for your situation.

Free Legal Consultation

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When you are charged with a DUI/DWI offense, don’t dismiss it because the penalties can be serious if you are found guilty and, especially, if you have a prior conviction. The state’s DUI/DWI law is also quite specific, which can influence the ruling for your case. A legal team can help you understand the law and prepare the defense that will get the best outcome possible.

Don’t hesitate to reach out to our Oakton, VA, criminal law firm whenever you face DUI charges. We’ll get to work immediately to provide you with the legal support you need.

Call Kimberly Stover, Attorney at Law at (703) 810-3571 for your Free Case Evaluation with an Oakton DUI Defense Attorney!