DUI Defense for Loudoun County

Step-by-Step After a DUI Arrest in Loudoun

1. Secure your release – Make note of bond conditions and upcoming court dates.

2. Act within 48 hours – Gather paperwork, tow slips, and write down your account of events while fresh.

3. Call a lawyer – Early review may uncover grounds to challenge the stop or testing.

4. Prepare for arraignment – Loudoun arraignments are typically within a few business days; you’ll be advised of rights and trial date.

5. Follow legal advice – Don’t discuss your case with anyone but your attorney.

Common DUI Scenarios in Loudoun

• Checkpoint arrests – Often set up near major routes during holidays or events.

• Traffic stop escalation – A minor violation on Route 7 or 28 turns into a DUI investigation.

• Accidents with suspected alcohol – Police are dispatched to a crash scene, even without obvious signs of impairment.

• Airport area enforcement – DUI arrests linked to the Dulles corridor or nearby hotels.

What the Commonwealth must prove

Under Va. Code § 18.2-266, the prosecution must show you were operating a motor vehicle while under the influence or over the per se BAC limit. We often challenge:

• Reason for the stop (reasonable suspicion) and probable cause to arrest

• SFSTs (test conditions, instructions, officer training)

• Breath testing (instrument calibration, observation period, medical issues)

• Blood testing (draw protocol, storage, chain of custody)

• Video evidence that contradicts written reports

Why Hire a Lawyer Experienced in Loudoun DUI Cases

• Court familiarity – We appear frequently in Loudoun County courts and understand the judges’ preferences, typical sentencing patterns, and scheduling.

• Procedural insight – We know how Loudoun prosecutors approach DUI cases, which helps us anticipate negotiation strategies and identify openings for your defense.

• Regional reputation – Our attorneys are known throughout Northern Virginia for DUI defense, and we bring that credibility into Loudoun courtrooms.

• Connected resources – We work with expert witnesses, treatment providers, and evaluators whose credentials are respected in Loudoun proceedings.

Penalties at a Glance

• First DUI (Class 1 misdemeanor): up to 12 months jail; $250–$2,500 fine; 1-year license revocation; ASAP education; interlock for restricted license.

  • BAC ≥0.15: 5 mandatory days; ≥0.20: 10 mandatory days (Va. Code § 18.2-270)

• Second DUI within 10 years: minimum 10 days jail (within 5 years: 20 days); higher fines; 3-year revocation; interlock.

• Third DUI (within 10 years): felony; minimum 90 days (within 5 years: 6 months); indefinite revocation.

• ALS (Administrative License Suspension): first offense 7 days; second 60 days; third until trial (Va. Code § 46.2-391.2)

• Unreasonable Refusal – Va. Code § 18.2-268.3
  If you refuse to take the official breath or blood test after a DUI arrest in Virginia:

  • First refusal It’s treated as a civil offense and your driver’s license is suspended for one full year. You cannot get a restricted license during that year for the refusal itself (you might still get one if convicted of DUI, but not for the refusal).

  • Second or later refusals – It becomes a criminal offense, with additional penalties including fines, possible jail time, and a longer loss of license.

The Process in Loudoun DUI Cases

Knowing what to expect in court can take some of the fear out of the process. Here’s a general overview of how DUI cases move through Loudoun County’s court system.

1. Arraignment
Your first court date is usually held at the Loudoun County General District Court in Leesburg. The judge will explain the charges, advise you of your rights, and set a trial date. If you don’t already have a lawyer, you can request time to hire one.

2. Pre-Trial Phase
This is when your attorney investigates the case, requesting police reports, video footage, breath or blood test records, and any other evidence. We may file motions to suppress evidence if the stop, arrest, or testing violated your rights. This stage can include negotiation with the prosecutor for reduced charges.

3. Trial
In General District Court, trials are typically heard by a judge (a “bench trial”). Witnesses testify, evidence is presented, and the judge issues a verdict. If you are found guilty, you have 10 days to appeal to the Loudoun County Circuit Court for a new trial (“de novo”).

4. Post-Trial Licensing and Requirements
If convicted, you may need to enroll in ASAP (Alcohol Safety Action Program), install ignition interlock on your vehicle, and work with the court to arrange a restricted license if you qualify. We guide you through each step so you can meet all requirements and get back on the road legally.

Why People Trust Battlefield Law Group

• Depth of Experience – More than 50 years of combined DUI trial work, with our lawyers attending Masters of DUI Defense conferences nationwide several times a year to stay ahead of evolving science and technology.

• National Recognition – Nicole H. Naum is an Ambassador for the American Association of Premier DUI Attorneys, selected for her courtroom record and role in training fellow lawyers.

• Local Trial Honor – Nicole earned “General District Court Trial Attorney of the Year” (Prince William County Bar Association, 2013), awarded largely for her work on DUI cases in Manassas.

• Statewide Excellence – Steven L. Duckett, Jr. is among the Top 100 Trial Lawyers in Virginia, a peer-nominated list for attorneys with consistent high-stakes results.

• Community Vote of Confidence – Battlefield Law Group was voted “Best Law Firm in Manassas” by Business Rate, proof that local clients value our work and approach.

Meet the Attorneys

Nicole H. Naum, Esq. – ★★★★★ Avvo Rating • Ambassador, American Association of Premier DUI Attorneys • 2013 General District Court Trial Attorney of the Year • Compassionate advocate, fierce courtroom defender

Steven L. Duckett, Jr., Esq. – ★★★★★ Avvo Rating • 2024 Top 100 Trial Lawyers (Virginia) • 25+ years experience in DUI trial work, known for persuasive cross-examination and jury work

Lili R. O’Connell, Esq. – ★★★★★ Avvo Rating • “10 Best” Attorney for Client Satisfaction (American Institute of DUI/DWI Attorneys, 2018) • sharp courtroom advocacy, strategic defense work, and genuine rapport with clients

FAQs

Do I have to appear in person for arraignment?
Usually, yes, but your attorney can advise if there’s a limited exception.

Is a checkpoint arrest handled differently?
The Commonwealth must still prove the stop complied with legal requirements for checkpoints.

What happens if I refused testing?
First refusal = 1-year suspension (civil); no restricted license for refusal period.

Can I get my license back early?
Possibly, with a restricted license and ignition interlock if you meet eligibility.

Do I need ASAP?
If convicted, ASAP is mandatory for license reinstatement and compliance monitoring.

Loudoun Communities We Serve

Leesburg, Ashburn, Sterling, Dulles, Brambleton, Lansdowne, South Riding, Broadlands, Aldie, Middleburg, Purcellville, Hamilton, Round Hill, Lovettsville, Waterford, Philomont, Lucketts, and all of Loudoun County.

Where in Loudoun County Do We Handle DUI Cases?

If you were arrested anywhere in Loudoun County, chances are we’ve defended a case there. Our attorneys regularly appear in the Loudoun County Courthouse in Leesburg, which serves every community in the county:

Leesburg (town) — DUI cases from in-town stops or Route 15/Market Street corridors are heard at the Loudoun County General District Court on East Market Street.

Ashburn & Broadlands — Arrests from Route 7, Loudoun County Parkway, or the Greenway typically go to the Leesburg courthouse.

Sterling & Dulles — Incidents near Dulles International Airport, Route 28, or Sterling Boulevard are docketed in Leesburg.

South Riding & Brambleton — Most stops occur along Route 50 or Loudoun County Parkway; cases are scheduled in Leesburg.

Purcellville, Hamilton, & Western Loudoun — Rural stops on Routes 7, 9, and 287, or in nearby small towns, are handled at the Leesburg courthouse.

Middleburg, Aldie, & The Plains (Loudoun portion) — Traffic enforcement on Route 50 often leads to DUI charges heard in Leesburg.

Lovettsville, Waterford, & Northern Loudoun — Arrests near the Maryland border or along Route 15 head to the Leesburg courthouse.

Facing charges in a nearby area? If we can’t take your case, we’ll connect you with a trusted firm we recommend.

Ready to Talk?

Call 571-364-0500 or use the form below for a consultation. Visit us at 9214 Center St Fl 2, Manassas, VA 20110

En español

Abogado de DUI/DWI en el Condado de Loudoun. ¿Arrestado por DUI? En Virginia, una detención por DUI activa una suspensión automática de su licencia por 7 días en la primera ofensa. Revisamos la parada, las pruebas y el alcoholímetro, y buscamos reducir cargos o proteger su licencia. Consulta gratis: 571-364-0500. Personal que habla español.