Robinson Law, PLLC is a criminal, traffic and DUI/DWI law firm located at 3950 Chain Bridge Road #6 Fairfax, Virginia 22030. The firm focuses on all adult and juvenile criminal and traffic offenses, including but not limited to: DUI/DWI, drug crimes, larceny, assault and reckless driving. As soon as he is retained, Michael provides all clients with his personal contact information and encourages clients to communicate their questions and concerns directly to him, rather than through an office line. Michael opened his firm with the goal of offering affordable, quality criminal and traffic defense throughout Northern Virginia, particularly Fairfax County, Prince William County and Loudoun County. As a former prosecutor, Michael understands how both sides of the courtroom operate, which is a key advantage for any defense attorney. Robinson Law, PLLC represents both adults and juveniles facing misdemeanor and felony charges in Northern Virginia. Northern Virginia Magazine and Time Magazine have recognized Michael A. Robinson as a top criminal and DUI attorney. In 2013, 2014, 2015 and 2016, the National Trial Lawyers Association has recognized Michael as a “Top 100 Trial Attorney” and a “Top 40 Under 40 Trial Attorney.” In 2015, Michael was inducted into Corporate America’s Legal Elite (Top DUI Cases – Virginia). Additionally, Michael has been recognized by Super Lawyers (an honor voted on by colleagues) in both Virginia and Washington D.C. as a 2016 Rising Star. Michael is a proud member of the Fairfax Bar Association, American Bar Association, Virginia Trial Lawyers Association, the National College for DUI Defense, and the National Academy of DUI Attorneys. After serving as a Virginia prosecutor for both adult and juvenile criminal cases, Michael founded Robinson Law, PLLC and his firm received an A+ rating from the Better Business Bureau in 2015. Whether you are an adult or juvenile charged with DUI/DWI, a drug crime, theft, a federal crime or assault, Michael has the experience and knowledge to build an aggressive defense and fight your charge in court. From your initial, free consultation through the conclusion of your case, Michael will walk you through step-by-step how he plans to approach your case, explain the potential consequences, and clarify all possible outcomes. No matter your charge, Robinson Law, PLLC offers free consultations with no time limit. Contact Michael A. Robinson today to discuss your case for free!
DWI and DUI in Virginia DRUNK DRIVING ATTORNEY IN NORTHERN VIRGINIA, FAIRFAX, LOUDOUN, AND PRINCE WILLIAM The state of Virginia is known for having some of the strictest DWI and DUI laws in the country. If you have been charged with DUI, DWI, or Refusal in Northern Virginia, you are likely facing severe penalties. The severity of these penalties varies, but increases for those who have higher BAC levels and for repeat offenders. Robinson Law, PLLC has represented DUI and DWI clients throughout Northern Virginia, and has proven results with former clients. Contact a DUI Defense Attorney Today for a Free Consultation Whats the Difference between DWI and DUI? DWI refers to Driving While Intoxicated, in violation of VA Code §18.2-266. DUI refers to Driving Under the Influence (of drugs or alcohol), also in violation of VA Code §18.2-266. Although Virginia recognizes these terms interchangeably, a slight difference exists in the statute. The difference between DWI and DUI is identified in subsection (i) in the above statute, where the defendants blood alcohol concentration (BAC) is .08 percent or higher. This is DWI and there are two possible tests the Commonwealth of Virginia may use to determine your BAC: Breath Test or Blood Sample Test. DUI, on the other hand, is the charge given when the defendant takes neither a breath test nor a blood test. DUI is obtained when an individual has consumed enough alcohol (or drugs) to the point of observably affect[ing] his manner, disposition, speech, muscular movement, general appearance or behavior (VA Code §4.1-100). In sum, a DWI charge has a scientific component (i.e. the result of your breath or blood test). DUI is the charge given to an individual who appears to be under the influence of alcohol or drugs, but refuses to submit to the chemical testing of his or her breath/blood. Breath Test and Blood Sample: Implied Consent Law PER SE DUI By driving on Virginias highways, you have legally consented to the chemical testing of your breath or blood to establish your blood alcohol content (BAC). This is outlined in Virginias Implied Consent Law (section A of VA Code §18.2-268.2). Because a drivers license is a privilege rather than a right, the state of Virginia has the power to mandate any rule pertaining to it. You do not have the option of choosing which test you would like to have administered. If you are unable to submit to a breath test, you will likely be offered the opportunity to provide a blood sample. If you refuse to submit to either test, you receive a separate, civil violation charge known as Refusal in addition to your DUI. The operating vehicle must be on a highway and the breath or blood test must be given within three hours of the time of arrest. Note highway in this statute refers to a very broad understanding of the term. Understand the definition of highway here. DWI, 1st Offense The Commonwealth of Virginia classifies a first DWI offense as a class 1 misdemeanor. If convicted, you may face some or all the following penalties: 7 day administrative license suspension (license reinstated 7 days after your arrest date) Court fines ranging from $250 to $2,500 1 year license suspension (possibly eligible for a restricted license) Possible jail time (mandatory 5 day minimum IF driving with a minor in the car) Possible Alcohol Safety Action Program (ASAP) Ignition interlock device Criminal record Any court-ordered restitution DWI, 2nd Offense The Commonwealth of Virginia classifies a 2nd DWI offense as a class 1 misdemeanor. If convicted, you may face some or all of the following penalties: 60 day administrative license suspension (license reinstated 60 days after your arrest date) Court fines ranging from $500 to $2,500 Indefinite license revocation (possibly eligible for a restricted license) If within less than 5 years of the 1st offense, a mandatory 1 to 12 month jail sentence If within 10 years of the 1st offense, a mandatory minimum of 10 day jail sentence Possible Alcohol Safety Action Program (ASAP) Ignition interlock device Criminal record Any court-ordered restitution DWI, 3rd Offense The Commonwealth of Virginia classifies a 3rd DWI offense as a class 6 FELONY. If convicted, you may face some or all the following penalties: Administrative license suspension until your trial date Felony charge (vehicle is subject to seizure and forfeiture) $1000 minimum fine Indefinite license revocation If within 5 years of 2nd offense, minimum 6 month jail sentence If within 10 years of 2nd offense, minimum 3 month jail sentence Possible Alcohol Safety Action Program (ASAP) Ignition interlock device Criminal record Any court-ordered restitution DWI, 4th Offense The Commonwealth of Virginia classifies a 4th DWI offense as a class 6 FELONY. If convicted, you may face some of all of the following penalties: Administrative license suspension until your trial date Felony charge (vehicle is subject to seizure and forfeiture) $1000 minimum fine Indefinite license revocation Minimum 12 month jail sentence Possible Alcohol Safety Action Program (ASAP) Ignition interlock device Criminal record Any court-ordered restitution Elevated Blood Alcohol Content (BAC) IN ADDITION TO THE PENALTIES LISTED ABOVE, IF YOUR BAC IS .15% OR HIGHER, YOU MAY BE FACING THE FOLLOWING PENALTIES: BAC of .15% to .19% 1st offense: additional mandatory, minimum 5 day jail sentence 2nd offense: (if within 10 years of 1st offense) mandatory, minimum additional 10 day jail sentence BAC of .20% or higher 1st offense: additional mandatory, minimum 10 day jail sentence 2nd offense: (if within 10 years of 1st offense) mandatory, minimum additional 20 day jail sentence plus $500 fine DWI Under the Age of 21: Baby DUI The Commonwealth of Virginia has a strict zero tolerance policy for underage drinking and driving. You will receive the same harsh punishments as those who are charged at 21 or older. If you are younger than 21 years and your BAC is between .02%-.07% at the time of arrest, you can be charged with DUI. When an underage drivers BAC is above a .07%, the standard DUI/DWI rules apply. Up to 12 months in jail Court fine up to $2,500 Mandatory minimum $500 fine OR minimum 50 hours of community service 12 month license suspension (possibly eligible for a restricted license) Possible Alcohol Action Safety Program (ASAP) Possible ignition interlock device Criminal record (class 1 misdemeanor) Any court-ordered restitution Refusing the Breath or Blood Test As stated above, Virginia drivers automatically consent to having their BAC tested in the event of DUI or DWI arrest. If you refuse to submit to either test, you will be charged with the civil violation of Refusal as outlined in Virginia Code 18.2-268.3.