What to Expect When Charged with a DUI in Fairfax County, Virginia

Being charged with Driving Under the Influence (DUI) in Fairfax County can be a stressful and overwhelming experience. Understanding the legal process and the potential consequences can help you prepare for what’s ahead. Below, we’ll break down the DUI process—from arrest to court—and discuss the common penalties for a first-time DUI offense. If you need experienced representation, a dedicated Fairfax DUI attorney can help protect your rights and guide you through the process.

The DUI Arrest and What Happens Next

If you are pulled over and suspected of DUI, the officer will likely conduct field sobriety tests and may administer a preliminary breath test (PBT) on the roadside. If the officer determines there is probable cause to arrest you, you will be taken into custody and transported to the Fairfax County Adult Detention Center.

The Court Process: Arraignment and Trial

1. Arraignment (Within Two Weeks of Arrest)

The first court appearance is the arraignment, which typically occurs within two weeks of your arrest.
At the arraignment, the judge will inform you of your charge, your right to an attorney, and set a trial date (approximately two months later).

2. Attorney Preparation: Filing for Discovery

Your Fairfax DUI attorney will request discovery, which includes police reports, breathalyzer results, body camera footage, and any witness statements.

3. Trial Date (Approximately Two Months After Arrest)

The trial is typically set about 60 days after arraignment in the Fairfax County General District Court.
At trial, the prosecution must prove beyond a reasonable doubt that you were operating a vehicle under the influence.

Potential Penalties for a First-Time DUI in Fairfax County

A standard first-offense DUI disposition, when mandatory minimums do not apply, generally looks like this:

30 days in jail, all suspended (if BAC is under 0.15%)
$250 minimum fine
Completion of the Virginia Alcohol Safety Action Program (ASAP)
12-month license suspension, with eligibility for a restricted license
Ignition Interlock Device (IID) requirement for the duration of the restricted license

Mandatory Minimums and Maximum Punishments

BAC under 0.15%: No mandatory minimum jail time
BAC between 0.15% and 0.20%: Mandatory minimum of 5 days in jail
BAC over 0.20%: Mandatory minimum of 10 days in jail
Maximum jail time: 12 months

About Your Attorneys

David Dischley is a U.S. Marine Corps veteran and former prosecutor. With decades of experience navigating the Virginia criminal justice system, David brings a unique perspective to DUI defense, combining his military discipline with prosecutorial insight to craft strong defenses for his clients.

Patrick O’Brien spent nearly 10 years as a prosecutor in Virginia, where he trained law enforcement officers on proper DUI investigations and testified in countless DUI trials. Patrick’s deep understanding of DUI law from the prosecution’s side gives him a strategic advantage when defending clients facing DUI charges.

Together, David and Patrick have a combined 35 years of experience helping individuals navigate the criminal justice system, providing compassionate guidance and aggressive advocacy for those facing serious charges.

How a Fairfax DUI Attorney Can Help

An experienced Fairfax DUI attorney can:

Review body camera footage and police reports for procedural errors
Challenge breathalyzer calibration and test results
File motions to suppress evidence if your rights were violated
Negotiate for a reduced charge (such as reckless driving) in some cases

If you are facing a DUI charge in Fairfax County, it’s important to act quickly and consult with an attorney as soon as possible. Understanding your rights and the legal process can make a significant difference in the outcome of your case.

If you need legal assistance, contact Dischley Law PLLC at (703) 215-9337 to discuss your case with an experienced Fairfax DUI attorney.