Former Prosecutorial Insight and Strong Trial Experience
Gretchen Taylor Pousson previously served as a Virginia prosecutor before transitioning into criminal defense. That experience gives her valuable insight into how the Commonwealth approaches DUI prosecutions.
Matthew Kensky, known by many attorneys as “The Professor,” has spent decades defending clients in Northern Virginia courts and arguing cases before Virginia appellate courts. He regularly teaches continuing legal education programs focused on Virginia criminal and traffic law.
Together, they bring both strategic preparation and strong courtroom advocacy to every DUI case.
Focused Criminal Defense Representation
Scrofano Law PC focuses on criminal and traffic defense matters. We do not divide our attention across unrelated practice areas.
That focus matters in DUI cases because Virginia DUI law is technical, procedure-driven, and highly fact-specific. Small details can significantly affect the outcome of a case.
Clear Communication Throughout the Process
Many people charged with DUI have never been through the criminal justice system before. We make sure clients understand:
- What the charges mean
- What penalties may apply
- What defenses exist
- What to expect next
Our team prioritizes direct communication and practical guidance from the beginning of the case through resolution.
What Happens After a DUI Arrest in Virginia
A DUI case in Virginia moves through several stages. Understanding the process early can help you avoid mistakes and make informed decisions about your defense.
Stage 1: Traffic Stop and Arrest
Most DUI cases begin with a traffic stop. An officer may claim you were speeding, drifting between lanes, driving recklessly, or violating another traffic law.
During the stop, police often look for signs they associate with impairment, such as the smell of alcohol, bloodshot eyes, slurred speech, or unsteady movements.
You may be asked to perform field sobriety tests or take a breath test. If the officer believes there is probable cause, you can be arrested and charged under Virginia Code § 18.2-266.
Stage 2: Booking and Immediate License Issues
After arrest, you may be taken to a local detention facility for booking. Depending on the situation, you could be released shortly afterward or held until a bond hearing.
Virginia’s implied consent law can also create separate consequences if you refuse chemical testing after arrest. In some cases, your driving privileges may be affected before your case is fully resolved.
This is one reason why contacting a DUI lawyer in Virginia quickly matters.
Stage 3: Court Appearance and Evidence Review
Your first appearance is usually in the General District Court. During this stage, your attorney begins gathering and reviewing evidence connected to the arrest.
That review may include:
- Police reports
- Dashcam or bodycam footage
- Breathalyzer maintenance records
- Blood test documentation
- Witness statements
Careful review often reveals inconsistencies or procedural problems that may strengthen your defense.
Stage 4: Defense Strategy and Motions
Once the evidence is reviewed, your lawyer develops a defense strategy based on the facts of your case. This may involve challenging the legality of the stop, questioning the accuracy of testing procedures, or filing motions to suppress evidence obtained in violation of the law.
Some cases resolve through negotiations. Others require litigation and trial preparation.
Stage 5: Trial or Resolution
If the case proceeds to trial, the prosecution must prove guilt beyond a reasonable doubt. Your attorney presents defenses, challenges the evidence, and advocates for the strongest possible outcome based on your circumstances.
Every DUI case follows its own path. Strong preparation early in the process can make a major difference later.
DUI Penalties Under Virginia Law
Virginia imposes serious penalties for DUI convictions, including first offenses. The consequences often depend on factors such as prior convictions, blood alcohol content, and whether an accident or injury occurred.
A first-offense DUI is generally charged as a Class 1 misdemeanor. Penalties may include fines, license suspension, mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP), ignition interlock requirements, and possible jail time.
Enhanced penalties apply in situations involving elevated BAC levels. For example, Virginia law imposes mandatory jail time for certain BAC thresholds, even for first-time offenders.
Repeat DUI offenses carry significantly harsher consequences. A second DUI can lead to longer license suspensions and mandatory incarceration. A third DUI offense may be prosecuted as a felony and can expose someone to years in prison.
Additional penalties may apply when:
- A minor was present in the vehicle
- An accident caused injury
- Chemical testing was refused after arrest
A DUI conviction can also create long-term consequences beyond court penalties. Many people face increased insurance costs, employment difficulties, professional licensing concerns, and permanent criminal records after conviction.
Because the stakes are high, early legal guidance is important in any Virginia DUI case.
