I was recently charged with DWI with a BAC. level of .11, I am 19 years old and am a college student. I can really not afford to have this on my record, if any advice can be given then that would be appreciative.
Fairfax does not have any programs or classes that will permit you to continue this out for a dismissal. Additionally, Fairfax OCunty prosecutors are not very generous in terms of voluntarily reducing DUI's either. Members of MADD, whch was formed originally in Fairfax OCunty, tend to visit the courtrooms to monitor how DUIs are handled, and as the Commonwealth Attonrey is an elected position, he cannot be seen as soft on DUI's if he wants to keep his job.
The only way you really have a chance to have a DUI reduced is to have an experienced DUI attorney discover a try-able issue in your case. The higher the BAC, the better your trial issue will need to be. With a .11, they will want a fairly strong issue to reduce it. Find an attorney and speak to him about your case very quickly while the details of the evening are freshest in your mind. Every day you wait you might forget facts that could potentially be helpful to your defense.
Hire an experienced DWI lawyer immediately and discuss this privately with him/her. DWIs are treated very seriously in Virginia and you need a lawyer to evaluate the case to determine if there is an issue which may allow you to be acquitted at trial.
It really depends on the facts in your case. A DWI case is fought on 3 issues. 1. Was there reasonable suspicion to pull you over? 2. Did the officer have probable cause to arrest you? and 3. Was the BAC Machine (EC/IR II in Virginia) working properly?. You should contact an experienced DWI/DUI attorney immediately to discuss the facts in your case to see if there are any issues that can be successfully attacked to protect your rights, your record, and your future.
Best advice one can give for your situation would be to contact local DUI counsel. These cases are complicated and you're best off discussing your case with an attorney who practices every day in the county of your offense.
There is always hope, but what you need is someone who regularly practices DUI law in Fairfax county. Immediately memorialize EVERYTHING you can recall about the incident in writing. Even minor details that are seemingly irrelevant can be make or break issues for your case, and your lawyer will appreciate having this information to prepare your defense.
It boils down to whether the officer had the right to stop you, then the right to arrest you, and whether all procedures were properly followed in measuring your BAC.
Whether or not you can get this charge reduced depends entirely on the specific facts of your case. Fairfax (along with most every other locality in VA) is not in the business of reducing DUI charges without there being a significant factual reason to do so. You should contact an attorney who handles traffic matters to assist you immediately. They will be able to listen to your account of the events and potentially identify any issues that will help result in a reduction.
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