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Top DUI/DWI Lawyers Fairfax, VA

Skilled DUI & DWI Defense Attorneys

As DUI/DWI Lawyers in Fairfax, VA, Crowley Peritz Law places special emphasis on defending Driving Under the Influence/Driving While Intoxicated (DUI/DWI) and Refusal cases in Northern Virginia. With so much at stake — security clearances, professional licenses, criminal records, and immigration status — we provide comprehensive defense and white-glove service.

Our experienced Fairfax DUI/DWI lawyers combine high-level courtroom work with strategic planning tailored to your goals. We ensure you’re fully informed at every step, offering prompt communication and empathetic support.

If you’re facing DUI/DWI charges, there is always hope. Contact us today to begin restoring your peace of mind.

Why Choose Crowley Peritz Law for DUI/DWI Defense?

We understand that Virginia has some of the toughest DUI/DWI and Refusal laws in the country. Penalties can range from license suspension to jail time, and the stakes are even higher for clients with an elevated BAC (.15 or higher) or multiple offenses.​

Our Approach:

  • Local Expertise: We know the Fairfax courts and how to navigate them effectively.
  • Strategic Defense: We create a customized plan for your case from day one.
  • White-Glove Service: Prompt communication, empathy, and transparency at every step.

What is DUI/DWI?

DUI / DWI laws in Fairfax, VA

Under Virginia Code §18.2-266, DUI and DWI are defined as:

  • DWI (Driving While Intoxicated): Operating a vehicle with a BAC of 0.08% or higher or with certain drugs in your system.
  • DUI (Driving Under the Influence): Operating a vehicle while impaired by alcohol or drugs, as observed by law enforcement.

What is Refusal?

Under Virginia’s Implied Consent Law, drivers agree to take a breath or blood test if arrested for DUI/DWI.

Refusing this test results in:

  • First Offense: Civil offense with a 1-year license suspension (restricted license available after 30 days).
  • Second Offense: Misdemeanor with up to 1 year in jail, a $2,500 fine, and a 3-year license revocation.

Penalties for DUI in Virginia

DUI 1st Offense

Penalty Details
License Suspension 7-day administrative suspension; 1-year suspension with a restricted license.
Jail Time Suspended sentence (up to 12 months).
Fines Up to $2,500.
VASAP Classes Mandatory education and supervision.
Increased Penalties 5-day jail sentence if BAC ≥ .15 or child in the vehicle; 10 days if BAC ≥ .21.

DUI 2nd Offense

PenaltyDetails
License Suspension60-day administrative suspension; 3-year suspension.
Jail Time20 days (if prior offense within 5 years); 10 days (if within 5-10 years).
FinesMinimum $500.
VASAP ClassesMandatory education and supervision.
Increased PenaltiesAdditional 10-20 days if BAC ≥ .15 or child in vehicle.

DUI 3rd Offense

PenaltyDetails
Felony ChargeLoss of civil rights (voting, firearms, etc.).
License RevocationIndefinite (restricted license after 3 years).
Jail Time90 days to 6 months (depending on prior offenses).
Fines$1000.
Vehicle ForfeiturePossible.
Criminal RecordConvictions in Virginia cannot be expunged.

DUI 4th Offense

PenaltyDetails
Felony ChargeLoss of civil rights (voting, firearms, etc.).
License RevocationIndefinite (restricted license after 3 years).
Jail Time12 months.
Vehicle ForfeiturePossible.
Criminal RecordConvictions in Virginia cannot be expunged.

Special Cases

Under 21 and “Baby DUI”

Penalties for DUI in Fairfax, VA

If you’re under 21 and charged with:

  • BAC ≥ .08: Treated as a standard DUI.
  • BAC .02–.07 (“Baby DUI”):
    • Penalties:
      • 1-year license suspension (restricted license with ignition interlock).
      • $500 fine or 50 hours of community service.
      • VASAP classes/supervision.

Prior Convictions

Out-of-state DUI/DWI convictions may count as prior offenses in Virginia. Our attorneys can help determine if your case qualifies as a 2nd or 3rd offense, potentially avoiding felony charges.

We’ve successfully defended clients facing:

  • First-time DUI charges.
  • Multiple offenses with elevated BAC.
  • Refusal charges and license suspensions.
  • Felony DUI charges.

Our goal is to minimize the impact of charges on your life, career, and future.

Frequently Asked Questions About DUI/DWI in Virginia

What is the BAC limit in Virginia?

The BAC limit is 0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.

Under Virginia’s implied consent law, refusing a breathalyzer test can result in an automatic license suspension.

A DUI/DWI conviction remains on your permanent driving record in Virginia. It cannot be expunged.

Common defenses include challenging the validity of the traffic stop, the accuracy of the breathalyzer test, or the officer’s observations. An experienced attorney can help you build a strong defense.

Don’t Face DUI/DWI Charges Alone — Contact Us Today!

If you’re facing DUI/DWI charges in Fairfax, VA, Crowley Peritz Law is here to help. We’ll fight to protect your rights and future. Call us at (571) 609-3306 or fill out our online form for a free consultation.

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Fill out the contact form or call us at (703) 337-3773 to schedule your free consultation.

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