Fairfax no jail DUI offers are not guaranteed, says Virginia DWI lawyer

Fairfax no jail DUI offers are more common under the current chief prosecution / commonwealth’s attorney than under his two predecessor administrations. Nonetheless, as a Fairfax DUI lawyer, I know that even though the Fairfax chief prosecutor disfavors mandatory minimum sentencing, he has still not ruled out pursuing active jail time against Virginia DWI defendants with high blood alcohol concentration (BAC) test results, DWI defendants with aggravating felony factors (for instance maiming or death), nor for those charged with violating the Virginia DUI law after having been previously convicted under the same statute. Line Fairfax prosecutors have wide latitude in how they proceed with plea / settlement negotiations.

How can a 0.18 DUI prosecution involving a one-car collision result in a Fairfax no jail settlement?

Recently I went to court for my client’s Fairfax DUI prosecution under Virginia Code § 18.2-266, where an eyewitness saw my client’s car strike a house.  My client admitted to recent alcohol consumption, and agreed to do field sobriety tests, which he did not perform well on. The prosecutor had his necessary witnesses (the eyewitness and police officer (who also had conducted the Intox EC/IR II / breathalyzer test on my client) to prove his case. We had one of the most desirable judges in the courthouse, but even this judge was likely to convict my client of DWI with a high BAC that mandated a five days in jail if so convicted. I provided the prosecutor with copies of proof of my client’s self improvement steps, and showed the prosecutor how the data from the Virginia Department of Forensic Science (DFS) showed that my client’s second blow into the breathalyzer machine was significantly higher than the first blow, supporting that his BAC was lower at the time of driving than at the time of testing, even though the Virginia Court of Appeals directs that for Virginia DUI prosecutions alleging BAC of 0.15 or higher, to look at the BAC at the time of breath testing. As discussed below, we accomplished a Fairfax no jail agreement.

Will doing self improvement really help my Fairfax DUI defense?

This Fairfax assistant commonwealth’s attorney / prosecutor did not seem to be exaggerating when debating with himself about whether to offer a Fairfax no jail plea plea (with a suspended jail sentence for one year of probation) that would also have enabled my client to have the ignition interlock device (IID) as the sole condition for driving restricted during any resultant mandatory twelve months loss of license in the event of a Virginia DWI conviction. Ultimately, the prosecutor confirmed that my client’s self improvement efforts (completing an intensive driver improvement course; attending several Alcoholics Anonymous / AA meetings, and attending a Mothers Against Drunk Driving (MADD) Victim Impact Panel) had swayed the prosecutor to offer a no-active jail plea.

Why do prosecutors and judges treat collision Virginia DUI prosecutions more harshly than non-collision cases?

I can argue until I am blue in the face not to punish Virginia DWI offenses involving a collision any worse than without a collision in my pursuant of a Fairfax no jail deal, in that the Virginia DWI laws are in place to avoid collisions. Do not expect Virginia judges and prosecutors to approach Virginia DUI prosecutions involving substantial property damage (or worse) with kid gloves.

Fairfax DUI lawyer Jonathan Katz relentlessly pursues your best defense against Virginia DWI prosections. For your free in-person confidential consultation about your court-pending prosecution, call 703-383-1100.