If you are charged with DUI in Fairfax County, Virginia, your case will most likely be heard at the Fairfax County Courthouse, located at:
Fairfax County Courthouse
1440 Chain Bridge Road
Fairfax, VA 22030
This courthouse handles Juvenile and Domestic Relations District Court, General District Court, and Circuit Court criminal proceedings for Fairfax County.
At Moore, Christoff & Siddiqui, PLLC, our attorneys regularly represent clients charged with DUI at the Fairfax Courthouse and throughout Northern Virginia, including Alexandria, Arlington, Prince William, and Loudoun County.
Below is an overview of how Fairfax County DUI cases work, the applicable Virginia law, and what to expect after an arrest.
Virginia DUI Law (Virginia Code §18.2-266)
Virginia law makes it illegal to drive or operate a motor vehicle while impaired by alcohol or drugs.
Under Virginia Code §18.2-266, you can be convicted of DUI if:
- Your Blood Alcohol Content (BAC) is 0.08% or higher, or
- Alcohol or drugs impair your ability to safely operate a vehicle.
DUI charges can also involve:
- Prescription medications
- Illegal drugs
- A combination of alcohol and drugs
The prosecution does not always need a BAC reading to pursue a DUI charge. Observations by police officers, field sobriety testing, and other evidence can be used to prove impairment.
Where DUI Cases Are Heard in Fairfax County
Fairfax County General District Court
Most misdemeanor DUI charges are handled entirely in the Fairfax County General District Court.
This court handles:
- Arraignments/Initial Appearances
- Motions
- Bench trials (judge trial, not jury)
Virginia General District Court does not have jury trials.
However, if you are convicted, you have the automatic right to appeal to the Fairfax County Circuit Court, where you can request a jury trial.
Penalties for a DUI in Fairfax County
DUI penalties in Virginia depend primarily on:
- Your BAC level, and
- Your prior DUI history.
First Offense DUI
A first offense DUI is typically a Class 1 misdemeanor, punishable by:
- Up to 12 months in jail
- Up to $2,500 in fines
- One-year license suspension
In many cases, drivers may be eligible for a restricted license, often requiring the installation of an ignition interlock device.
Additional mandatory jail time applies for elevated BAC levels:
- BAC 0.15 – 0.20: minimum 5 days in jail
- BAC above 0.20: minimum 10 days in jail
Second or Third Offense DUI
Penalties increase significantly for repeat offenses.
A third DUI offense within 10 years is a Class 6 felony in Virginia and can carry:
- Significant mandatory jail time
- Long-term license revocation
- Possible vehicle forfeiture
Because the penalties escalate quickly, it is important to understand your legal options early in the process.
The DUI Arrest Process in Fairfax County
Being arrested for DUI can be stressful and confusing. Understanding the process can help you make informed decisions.
1. Traffic Stop and Investigation
Most DUI cases begin with a traffic stop or accident, after which the officer may begin a DUI investigation.
Officers often ask drivers to perform field sobriety tests (FSTs), such as:
- Walk and Turn
- One Leg Stand
- Horizontal Gaze Nystagmus (HGN)
In Virginia, these roadside tests are voluntary.
The officer may also ask you to take a Preliminary Breath Test (PBT) using a handheld device. This roadside breath test is also optional and generally not admissible in court to prove BAC. Law enforcement uses FSTs and the PBT as part of the probable cause determination. Your Attorney will closely review these facts to evaluate whether you have a viable motion to suppress.
2. Breath Test After Arrest
After an arrest for DUI, Virginia’s implied consent law generally requires drivers to submit to a breath test at the police station.
In Fairfax County, this is typically performed using the Intox EC/IR II breath testing machine.
Refusing the test can lead to a separate charge for unreasonable refusal, which carries its own penalties, including license suspension.
If a breath test cannot be completed, officers may obtain a warrant for a blood draw to determine BAC.
3. Magistrate and Administrative License Suspension
Following a DUI arrest in Virginia, you will usually be brought before the magistrate located at the Fairfax Adult Detention Center, 10520 Judicial Drive, Fairfax, VA 22030.
The magistrate will determine whether to release you, and what conditions, if any, to impose on your release. Your driver’s license is typically administratively suspended for 7 days starting at this time.
You will usually receive paperwork from the magistrate including:
- An Arrest Warrant
- A Recognizance or bond form
- A court date for Arraignment
4. Arraignment in Fairfax General District Court
Your arraignment/initial appearance is typically your first court appearance.
At this hearing:
- The judge formally notify you of your charge
- You are asked whether you plan to hire an attorney
If you retain counsel before the court date, your attorney can often waive the arraignment on your behalf.
5. Investigation and Discovery
Once retained, your attorney will begin investigating the case.
This typically includes requesting:
- Police reports
- Body camera or dash camera footage
- Breath test records
- Calibration records for the breathalyzer machine
- Lab results for blood tests
In some cases, attorneys also file Freedom of Information Act (FOIA) requests related to breathalyzer maintenance and certification.
These technical records can sometimes play a critical role in defending DUI cases.
6. Trial or Negotiated Resolution
After reviewing the evidence, your attorney will discuss potential strategies with you.
Depending on the circumstances, this may involve:
- Negotiating a plea agreement
- Filing pretrial motions, including a motion to suppress
- Preparing for trial
For misdemeanor DUI charges, the case will be resolved in General District Court unless appealed.
Felony DUI charges proceed through a Preliminary Hearing before potentially moving to Circuit Court.
Hiring a Fairfax County DUI Defense Attorney
DUI defense in Virginia often involves complex scientific and procedural issues, including breath testing procedures, police investigation methods, and evidentiary rules.
Having an experienced attorney familiar with Fairfax County courts and prosecutors can make a significant difference in how your case is handled.
At Moore, Christoff & Siddiqui, PLLC, our criminal defense attorneys regularly represent individuals charged with DUI in Fairfax County, Alexandria, and throughout Northern Virginia. We focus on helping clients understand the process, protect their rights, and pursue the best possible outcome in their case.
If you or a loved one has been charged with DUI in Fairfax County, speaking with an experienced attorney early in the process can help you understand your options. Contact our office to schedule a consultation.
