Fairfax 18.2-266 Defense - Win Your Virginia DUI Case

Fairfax 18.2-266 defense requires a full frontal assault, says Virginia DUI lawyer

Fairfax 18.2-266 prosecutions are among this county's courthouse's most common misdemeanor prosecutions. That Virginia DWI code section criminalizes driving under the influence of alcohol and drugs. As a Fairfax DUI lawyer, I make sure to keep on top of the law, science, strategy, and defense for pursuing your best possible outcome against such prosecutions. I am among the small percentage of Virginia DUI defenders who are members of the National College of DUI Defense or its equivalent, and an even smaller percentage of such lawyers who have been trained in conducting field sobriety tests by one of the nation's top FST / SFST trainers to police. Virginia DWI defense is not some sort of cakewalk or cookbook approach. It is at your own possible peril not to obtain the right of such a lawyer for you to fully pursue as much victory as possible for you in court.

Must my Fairfax 18.2-266 lawyer adjust my defense to the judge and prosecutor involved?

Fairfax County has twelve General District Court judges and dozens of prosecutors/assistant commonwealth attorneys. On top of that, Fairfax 18.2-266 court regularly has substitute judges filling in for full-time judges who are on vacation, out for a personal day, or a sick day. These substitute judges can run the gamut in quality and favorableness more to you or else to your prosecutor and are either retired judges, judges from other counties, or private practicing lawyers. For that reason alone, your Fairfax DUI lawyer must be ready for all judges, jurors, prosecutors, and all terrains and circumstances. Feel free to ask your lawyer how s/he will handle all the foregoing variables and challenges in pursuing a win for you in court.

How does the Fairfax commonwealth's attorney's / prosecutor's office address Virginia DUI mandatory minimum sentencing?

Mandatory minimum incarceration comes with a conviction for committing a Virginia DUI offense within ten years of each other or for a blood alcohol concentration (BAC) of at least 0.15, when proven beyond a reasonable doubt. With Fairfax 18.2-266 cases, this county's prosecutor's office apparently takes a stricter line than its common disfavoring of mandatory minimum sentencing outcomes when a more suitable and less onerous plea option is available. (See December 15, 2020 Fairfax chief prosecutor's plea policy and confirmation at footnote 4 that "DUI and DWI offenses shall continue to be handled as provided for in Policy 20.006.") This does not mean that you cannot obtain a desirable Virginia DWI settlement in Fairfax, but does mean that having the right lawyer for you may enhance those chances.

What happens after a Virginia DWI conviction?

The Virginia law mandates that your Virginia driver's license (and Virginia driving privileges if licensed out of state) get suspended for one year for a first DUI offense and for three years for a second DWI offense committed within ten years of each other. On top of that, such a Virginia conviction requires completion of the Virginia Alcohol Safety Action Program (VASAP). For a Fairfax 18.2-266 first-time conviction, you may apply for a restricted license on the same day of trial and sentencing in General District Court, either for driving only with the ignition interlock device (IID) when the BAC is under 0.15 (unless you opt for more restricted driving privileges in order to be able to request at a hearing to remove the IID as soon as six months after sentencing. To obtain your restricted operating license (sometimes referenced by the acronym ROL), after being sentenced for a Fairfax DUI offense or reckless driving offense that suspends your driving but grants restricted driving privileges, proceed to room 106 on the Fairfax courthouse first floor, select the VASAP waiting number (for a DWI case and for a wet reckless), and the clerk will type up your ROL for you to sign and bring with you. If you have driven to court, as your lawyer to ask the judge to permit you to drive straight home without your ultimately required IID for your Fairfax DUI case. A bonus will be if the judge permits you to drive yourself to install the IID, rather than requiring you to have a friend or relative drive you for said installation or to have to ask the installer to come to you. Be aware that two of the courthouses in jurisdictions bordering Fairfax do not typically make your ROL available the same day you are sentenced.

How do I obtain an ROL if I withdraw my appeal more than ten days after my Fairfax District Court sentencing?"

If you appeal your Fairfax 18.2-266 conviction to the Circuit Court and withdraw your appeal more than ten days after your District Court sentencing, you will need to docket such a hearing for a Friday morning motion hearing in the Circuit Court. Check with the Fairfax Circuit Court clerk's office on the courthouse's fourth floor for that court's specific requirements -- which do not duplicate the procedures of the District Court --- for pursuing such relief.

Fairfax 18.2-266 lawyer Jonathan Katz pursues your best defense against Fairfax DUI / Virginia DWI prosecutions. Start your essential Virginia DWI defense with your free initial in-person confidential consultation with Jon Katz about your pending court case. Usually, Jon can meet with you the same day or the day after you call. Call us at 703-383-1100.