DUI and DWI Defense Lawyer in Fairfax County, Virginia
Virginia DUI or DWI allegation is not something to take lightly. Even a first time offense carries severe consequences, such as incarceration and a fine up to $2,500, according to the Virginia Department of Motor Vehicles. A conviction is considered to be a criminal offense and will go on your record. Most Virginia drivers do not realize that there are many legal and technical defenses available when facing a DUI or DWI charge.
If you have been accused of driving under the influence of alcohol or drugs or driving while intoxicated, you need to seek legal advice immediately from an expert Virginia DUI attorney. Paul McGlone has been representing DUI and DWI defendants for over 20 years. Call McGlone Law Firm, P.C. at (888) 273-2750 or (703) 273-2750 for advice regarding your case.
McGlone Law Firm, P.C. is located in Fairfax, Virginia and specializes in DWI and DUI cases. Paul McGlone represents clients who must appear in the Fairfax County courts, rarely even traveling to Courts in the surrounding counties. Since he focuses solely on this location, he is very familiar with the workings of the court. Attorney Paul McGlone pays careful attention to the habits and tendencies of all of the prosecutors and Judges in Fairfax county, as well as the police officers most frequently appearing in Court here.
Consequences of Virginia DUIVirginia is tough on individuals who have been accused of drunk driving. Recent statistics show that there were
29,595 DUI convictions in Virginia in one year. It is common for defendants to be encouraged to plead guilty, but the fact is that often there are mitigating circumstances that can prove their innocence. You do have the right to receive a fair trial and do not have to readily admit to guilt.
Recently, the consequences have gotten worse for those who have been convicted of DUI-related offenses. In addition to paying a fine, serving time in jail, having a criminal record, attending mandatory alcohol education classes and receiving a license suspension, drivers convicted of a DUI are now required to have double the minimum automobile liability insurance coverage limits. You cannot afford to stand trial without legal representation from an experienced Virginia DUI and DWI attorney.
The punishment for a DUI or DWI conviction varies among jurisdictions and depends on the details of the case. If a sentence enhancement is given, then you will receive an even worse punishment.
DUI and DWI DefenseCases involving DUI or DWI require significant attorney expertise. Your lawyer must have an extensive knowledge of not only the law pertaining to these offenses, but also scientific areas such as anatomy, chemistry and toxicology. Paul McGlone is able to understand both the legal and scientific processes.
Paul McGlone is well versed in the equipment used to test blood alcohol levels. The breath test is one of the main ways a prosecutor will try to prove DUI and is therefore an important factor in preparing a strong defense. He will thoroughly analyze the available evidence, such as the breath test results, machine maintenance records and even the qualifications of the breath test operator. Paul McGlone will thoroughly review your case for all of the most common defects in these cases. There are many steps involved in a DUI arrest and if an error is made at any point, the charge can be dropped. In addition, Attorney Paul McGlone will also know which officers have video equipment in their cars, of he will make it a point to inquire as to the existence of a video. This is an aspect often overlooked by many local attorneys, and the videos are often very helpful in defending these cases.
Contact McGlone Law Firm, P.C., if you have been accused of DUI or DWI in Fairfax County, at (703) 273-2750 or Toll-free at (888) 273-2750.
Paul McGlone routinely represents cases that occurred on Route 7, Route 236, I-66, Dulles Toll Road, The Beltway, I-96, I-495, I-395 and in Chantilly, Centreville, Fairfax, Reston, Oakton, Great Falls, Vienna, Herndon, Annandale, McLean, Burke, Baileys Crossroads, Dunn Loring, Merrifield, Springfield and Tysons Corner.
Blog for DUI and DWI
Library for DUI and DWI:
- Fairfax City Police News Release Announcing DUI Charge for FAA's Babbitt [PDF]
Fairfax City Police News Release Announcing DUI Charge for FAA's Babbitt - Police Fail to Preserve Evidence in Most DUI/DWI Cases; People v. Trombetta
Police Fail to Preserve Evidence in Most DUI/DWI Cases; People v. Trombetta - Virginia Department of Forensic Science Toxicology Procedures Manual
Virginia Department of Forensic Science Toxicology Procedures Manual - Ignition Interlocks [PDF]
Ignition Interlocks - NTHSA's Publication - Application for Restricted Virginia Driver's License [PDF]
Application for Restricted Virginia Driver's License - Virginia DMV Drunk & Drugged Drivers Brochure [PDF]
Virginia DMV Drunk & Drugged Drivers Brochure - Virginia Code Section 18.2-266 (DUI and DWI) [PDF]
Virginia Code Section 18.2-266 (DUI and DWI) - NHTSA's Study of Alcoholic Beverage Control Agencies and Alcohol Laws [PDF]
NHTSA's Study of Alcoholic Beverage Control Agencies and Alcohol Laws. Paul Liam McGlone is a DUI/DWI lawyer in Fairfax County, Virginia. - Ramifications on PA licensee of out-of-state DWI Conviction [PDF]
This article by Justin McShane analyzes the impact of an out-of-state DUI DWI Conviction on a Pennsylvania driver. - Refusal of Intoxication Testing: A Report to Congress [PDF]
In contrast to being stopped by an officer for other driving violations, the result of an impaired driving stop may dramatically impact a person’s life. The driver faces an arrest, possible jail time, expensive fines, increased insurance costs, loss of their driver’s license, and a criminal record. Thus, the driver’s decision whether to provide the breath
test has serious consequences. This report discusses the important issue of breath test refusals. - Sample DUI Police Report used by some Agencies. [PDF]
Sample DUI Police Report used by some Agencies. - Flawed Conclusions Based on the Blood/Breath Ratio: A Critical Commentary by Dominick A. Labianca, Ph.D. [PDF]
Flawed Conclusions Based on the Blood/Breath Ratio: A Critical Commentary, By Dominick A. Labianca, Ph.D., from Champion Magazine (NACDL). - Ethanol and its Effect on the Human Body [PDF]
A professor at the University of Wisconsin - Madison tries to educate his students on the effects of alcohol consumption. This document is very scientific, explaining what alcohol is and how it affects the body. - A University of Wisconsin lecturer's presentation to a chemistry class, on alcohol and its effects on the human body. [PDF]
A University of Wisconsin lecturer's presentation on alcohol and its effects on the human body. - Virginia ASAP Program Regulations - Chapter 20 [PDF]
Chapter 20 of Virginia ASAP Program Regulations. This includes Fairfax County. - Chapter 40 of Virginia ASAP Program Regulations [PDF]
Chapter 40 of Virginia ASAP Program Regulations. This includes Fairfax County. - Chapter 30 of Virginia ASAP Program Regulations [PDF]
Chapter 30 of Virginia ASAP Program Regulations. This includes Fairfax County. - Chapter 60 of Virginia ASAP Program Regulations [PDF]
Chapter 60 of Virginia ASAP Program Regulations. This includes Fairfax County. - My 5 Favorite Ways to win a DWI case in Fairfax County--Combine 2 or more and We are Well on Our Way
My 5 Favorite Ways to win a DWI case in Fairfax County--Combine 2 or more and We are Well on Our Way - Back Door to Prohibition: The New War on Social Drinking (A CATO Institute Policy Analysis) [PDF]
Back Door to Prohibition: The New War on Social Drinking. A CATO Institute Policy Analysis.
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Frequent Questions for DUI and DWI:
- I've been hearing a lot about a program called DADSS - what is it?
- Can I beat a show cause summons due to a clerical error?
I was convicted of a second DUI and sentenced to 180 days of jail with 160 suspended, and the 20 days being mandatory. I decided to pull my time on weekends, and when I registered for jail, the captain told me that I'd be pulling 10 days, because it was a misdemeanor it was explained to me that I'd be pulling day for a day.
I fulfilled my 10 days and have now been issued a show cause as to why i didn't pull the remaining 10. After contacting the jail, i've found out that the court did not put MANDATORY on the order for the jail. Do i have a case for dismissal because of this error on the court's part? - I was recently convicted of a DUI in Virginia and received a restricted drivers license. I have to show proof of FR44 insurance. My current policy is within the limits of the FR44 guidelines. Can I bring my policy into the DMV and will that be sufficient, or does it have to come from my insurance carrier? I really would hate to contact them if I do not have to, for the obvious reason of raised rates.
- My sister got arrested for a DUI and accidentally gave them the wrong drivers license. What can she do?
- I have one pending DUI in Virginia and am a resident of Virginia. I just received a DUI in West Virginia. When will Virginia authorities find out about my West Virginia DUI? I am concerned because I report to pre-trial services once a week in Virginia.
- Why am I receiving a letter from my ASAP probation officer if it's been almost 2 years since my conviction?
I received a 2nd DUI almost 2 years ago. I lost my Liscense for 3 years and I was ordered to do ASAP and additional counseling. I completed all the requirements and finished everything just fine.
I have now received a letter from my ASAP probation officer stating that I have to come in for a monitoring meeting. Now if my probation was only a year then why am I being asked to go see her?
Another problem is I received a driving on revoked 3 weeks ago in a town about 3 hours from where i live. Can I be violated and am I still on probation if I'm being called into her office?? Help please - I'm worried and scared as I thought I was only on probation for a year.
- I was charged with a DUI with a BAC of .15. There was no accident, no children in the car, and it is my first offense. I live in Loudoun County, Virginia. Is it possible to get my charge reduced to a .14 to avoid going to jail for the mandatory 5 days?
- First DWI with child - can I avoid charges? I got arrested for DWI in Loudoun VA, and I had my child in the car. It is the first time this ever happened to me. I had 2 beers 2 hours prior to arrest, and my BAC was 0.11. I want to have all charges dropped - how should I proceed?
How will a DUI, DWI Conviction in Fairfax County (Northern VIrginia) Affect My Security Clearance?
- Does the officer have to read me my rights before questioning me if I'm pulled over for DUI?
- Do I have to post bail after being arrested for DUI?
- Can I be charged with drunk in public or an an open container for drinking with friends on my deck or my front porch?
- Will my boss find out about my DUI conviction?
- If I'm stopped for DUI/DWI, am I allowed to talk to a lawyer before taking a breath test?
- If my BAC is under .08, can I still be charged with DUI?
- Could asthma or other respiratory problems affect the results of a breath test?
- Can acid reflux or other gastrointestinal issues affect a breath test?
- What is Leandra's Law?
- What is an ignition interlock device?
- If I have a suspended license because of a DUI conviction, am I allowed to drive to work or church?
Videos about DUI and DWI:
Web Resources for DUI and DWI:
- AAA DUI Justice Website
Description:
The AAA DUI Justice website aims to reduce drunk driving by providing information and solutions to help combat the problem. It includes facts about alcohol and its effects on the body, a quiz to test your alcohol knowledge, and DWI/DUI laws for each state.
- Alcohol & Public Health: Information from the CDC
Description:
The Centers for Disease Control (CDC) provides a lot of information about alcohol consumption. Examples include whether it is better to drink beer or wine instead of hard liquor, and how to determine if one has a problem with alcohol.
- AlcoholScreening.org
Description:
AlcoholScreening.org is a free service that helps people determine whether their alcohol consumption is harmful or hazardous, and if so, encourages them to seek help. Individuals can participate in a confidential screening questionnaire on the website, and may find treatment resources for their city and state.
- Checkpoint Strikeforce's Summary of Virginia DUI Laws & Consequences
Description:
Checkpoint Strikeforce describes itself as an "intensive law enforcement mobilization to get impaired drivers off our roads." Their website contains useful information about alcohol and driving, including myths, checkpoint statistics, and DUI Laws & Consequences by state.
- Drunk Driving Laws by State
Description:
This helpful link (on the website Governer's Highway Safety Association) outlines drunk driving laws by state.
- Fairfax County Alcohol Safety Action Program (ASAP)
Description: The Fairfax Alcohol Safety Action Program (ASAP) identifies and provides appropriate services to offenders convicted of driving under the influence, or other substance abuse-related charges, as referred by the local courts.
- Miami DUI Attorney
Description: Miami DUI attorney representing clients charged with drunk driving or DUI DWI in Miami, Aventura, Coral Gables, West Palm Beach, Dade County, and Palm Beach County, Florida
- Restoration of Driving Privileges
Description: Information and forms for restoring driving privileges.
- The Drink Wheel
Description:
About the Drink Wheel
The Intoximeters Inc. "Drink Wheel"1 is a form that you can fill out. Upon completion we will instantly compute your estimated blood/breath alcohol concentration ("BAC") based on the information that you have provided and return that estimate to you. It is presented as a public service to Intoximeters web site visitors. Its primary purpose is to provide useful information about the responsible use of alcohol.
Why is it called a "Drink Wheel"?
We call it the "Drink Wheel" because it is based on various paper and cardboard BAC calculators that are given out in alcohol awareness programs, some of which are in the form of a wheel that you can spin around to calculate your estimated BAC based on what and how much you have had to drink.
Disclaimer
It would be extremely foolish for us to pretend that our "Drink Wheel" can tell you what your BAC actually is, first because it would open us up to an incredible amount of potential liability and second if it really did work accurately there would be no need for anyone to buy the instruments that we make and sell.
A person's actual BAC is dependent on many complex factors, including their physical condition (body composition, health etc...) and what they have recently ingested (including food, water, medications and other drugs). This site includes a more detailed discussion of the Pharmacology and Disposition of alcohol in humans.
The results that are generated are rough estimates of an average healthy person's BAC assuming typical beverage sizes, recipes and alcohol content. The BAC estimates generated by the Drink Wheel should not be used to infer anyone's fitness to work, drive or perform any other task or duty.
- The National College for DUI Defense, Inc.
Description: The National College for DUI Defense, Inc. was established in 1995 and provides a lot of information about DUI/DWI defense.
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