Fairfax Drunk Driving Accident Lawyer

Get Maximum Compensation After a Fairfax Drunk Driving Crash

If you were injured by a drunk driver in Fairfax County, your case is worth significantly more than a typical accident claim.

Virginia law allows you to pursue punitive damages up to $350,000 on top of your medical bills, lost wages, and pain and suffering. But you need an attorney who understands Fairfax County courts and Virginia’s punitive damages laws.

Our team of attorneys has recovered millions for Virginia victims injured by drunk drivers.

Call us Today for a Free Consultation.

For a legal consultation with a personal injury lawyer, call (434) 817-3100

Video About Virginia Drunk Driving Cases

📝 View Video Transcript

**Speaker:** Bob Byrne, Board Certified Truck Accident Attorney
**Duration:** 5:23
**Published:** January 14, 2026

—

Let’s say you’ve been hit by a drunk driver in Virginia and you suffered some injuries. You’re trying to figure out whether to accept the insurance company’s offer. Before you do, I want to talk to you about punitive damages in drunk driving cases in Virginia—what they are, what they mean, and what you should be looking for in your case.

Hi, my name is Bob Byrne. I am an experienced civil trial lawyer in Virginia, and I’ve been practicing for more than 20 years. We handle a lot of drunk driving cases where we represent individuals and families who have been injured by drunk drivers.

### Understanding Damages in Drunk Driving Cases

The starting place is to understand what damages or money categories you’re entitled to receive in a personal injury case. I’ve written about that in other places and I have some videos, so check those out.

But the most important thing to understand about a drunk driving case is that you have a case against someone who broke the law—who broke a terrible law—and has put you and other motorists at risk. You’re talking about a defendant who was knowingly drinking. They made a decision in their drunken state to get behind a wheel and to endanger others even though everyone knows that drinking and driving is incredibly dangerous.

**Punitive damages are meant to punish, to deter certain conduct, and to send a message.**

### Two Ways to Get Punitive Damages in Virginia

There are two ways to get punitive damages in Virginia.

#### 1. Statutory Punitive Damages (Virginia Code § 8.01-44.5)

The first is what’s called **statutory punitive damages**. Under this statute, if the defendant had a blood alcohol content level of **0.15 or higher** and you mix in a couple other facts, then they are going to be presumed to have engaged in willful and wanton conduct. And when that happens, you are entitled to bring a statutory claim for punitive damages, and that can be **up to $350,000** that you can request.

That statute also says if you have a driver that is suspected of drunk driving and the police ask them to submit to a blood alcohol content test and **that driver refuses**, that is also a basis for seeking punitive damages against them.

Any driver who drives on Virginia roads has agreed to consent to a blood alcohol test if they are suspected of drunk driving. And if they don’t, that can be a legal violation. So in those situations, the law is set up that if somebody blows a 0.15 and has a BAC of 0.15, or they refuse to submit to the test, either situation is going to give rise to punitive damages.

That is the starting point for these cases—a statutory punitive damages claim. And that can be up to **$350,000**, which is **on top of whatever compensatory damages** you’re entitled to receive.

#### 2. Common Law Punitive Damages

But let’s say in your situation, the defendant had a blood alcohol content level of **0.12**. In that situation, there’s also what’s called **common law punitive damages**.

If a defendant was under the influence and they didn’t necessarily rise to that 0.15 threshold, you can still seek common law punitive damages if they have that BAC plus there are **additional aggravating factors**. And in that situation, you can proceed with a common law claim for punitive damages that also would be for **$350,000**.

In drunk driving cases we handle, we seek both a punitive damages claim and a common law damages claim. We can only recover **$350,000 total**, but it’s nice to have both options to proceed and to present to a jury.

### Don’t Accept the Insurance Company’s Lowball Offer

If you’re in this situation where you have been injured in a drunk driving crash and the insurance company might be lowballing you, you want to talk to an attorney who is experienced in handling these types of cases. There’s a pretty good chance that your case is worth much, much more than what the insurance company is offering.

If you’ve been injured in a crash with a drunk driver, please understand that you’re entitled to both **compensatory damages and punitive damages**. Don’t accept the insurance company’s nuisance value offer. Don’t accept an offer that does not also provide for punitive damages.

I can assure you that an insurance company is not going to award punitive damages to someone who is unrepresented by counsel—or at least punitive damages of any reasonable amount.

### Get Help with Your Case

If that’s you, feel free to reach out. I’ll see if I can point you in the right direction. Our firm handles these cases all the time, and I think this is something we can probably help you with.

Thanks so much for watching this video. If you haven’t yet, please consider subscribing, give me a like, and stay tuned for more videos.

—

**Key Takeaways:**
– Punitive damages in Virginia drunk driving cases can be up to **$350,000** on top of compensatory damages
– **Statutory punitive damages** apply when BAC is 0.15+ OR driver refuses BAC test
– **Common law punitive damages** apply when BAC is lower but aggravating factors exist
– Insurance companies rarely offer punitive damages to unrepresented victims
– You need an experienced attorney to maximize your drunk driving accident recovery

**Related Resources:**
– [Complete Guide to Virginia Drunk Driving Accident Law](#)
– [What Damages Are Recoverable Under Virginia Law?](#)
– [Virginia Code § 8.01-44.5 Explained](#)

Fairfax’s Drunk Driving Hot Spots: Where Crashes Happen

Fairfax County is Virginia’s most populous county, with dense suburban development, major commuter corridors, and thriving nightlife areas. This creates dangerous drunk driving conditions. In fact, Fairfax County has a notorious drunk driving problems as Fairfax County experiences a DUI crash every 13 hours.

Old Town Fairfax: High-Risk Nightlife Zone

Old Town Fairfax (Main Street, University Drive, Chain Bridge Road) has dozens of bars and restaurants serving George Mason University students, young professionals, and locals.

Common drunk driving crash locations:

• Route 50 (Arlington Boulevard) between Fairfax Circle and Annandale – Drunk drivers heading east toward Arlington or west toward Chantilly
• Lee Highway (Route 29) through Fairfax – High-speed corridor with heavy traffic
• Main Street and University Drive intersection – Drunk drivers leaving Old Town Fairfax bars

George Mason University Area

The GMU campus area (Braddock Road, University Drive, Roberts Road) sees elevated drunk driving crashes during:

• Start of fall and spring semesters
• Mason basketball game days
• Homecoming and alumni weekends
• Final exams periods

Dangerous intersections:

• Braddock Road and Roberts Road – Students leaving campus heading to apartments
• University Drive and Route 123 – High-speed intersection with minimal lighting
• Fairfax Boulevard near GMU – Commercial corridor with multiple bars

Fairfax Drunk Driving Accident Lawyer Near Me (434) 817-3100

Route 50, Route 29, and I-66 Corridors

Fairfax County sits at the intersection of major Northern Virginia corridors where drunk driving crashes are common:

Route 50 (Arlington Boulevard):

• High speeds (45-55 mph) with heavy commuter traffic
• Multiple bars and restaurants from Falls Church to Fair Oaks Mall
• Drunk drivers heading east toward Arlington after late-night drinking

Route 29 (Lee Highway):

• Runs through Fairfax City and into Centreville
• Multiple strip mall bars and restaurants
• Dangerous curves near Fairfax Circle

I-66 corridor:

• Drunk drivers from Fairfax County merging onto I-66 East toward DC
• Late-night crashes near Fairfax exits (Exit 55, Exit 57, Exit 60)
• Multi-vehicle pile-ups caused by impaired drivers

Tysons Corner and Route 7 Corridor

Tysons Corner has upscale restaurants and bars serving professionals. Drunk driving crashes occur on:

• Route 7 (Leesburg Pike) between Tysons and Reston – High speeds with heavy traffic
• Route 123 (Dolley Madison Boulevard) – Drunk drivers heading south to Springfield or north to McLean
• Dulles Toll Road – Impaired drivers heading west toward Dulles Airport or Loudoun County

How Fairfax Drunk Driving Cases Work

Here’s what happens after you’re injured by an intoxicated driver in Fairfax County:

Step 1: Fairfax County Police Investigation

Fairfax County Police Department or Virginia State Police respond and:

• Conduct field sobriety tests (standardized NHTSA protocol)
• Request breathalyzer at Fairfax County Adult Detention Center
• Or obtain blood draw at Fairfax Hospital or Inova Fair Oaks Hospital
• Document visible intoxication in crash report
• Arrest driver for DUI

What you should do:

• Tell police you suspect drunk driving (“I smell alcohol, slurred speech”)
• Get witness contact information (especially important on busy roads like Route 50)
• Photograph the drunk driver’s appearance
• Request police report (available online via Fairfax County Police portal in 5-7 days)

Step 2: Criminal DUI Case in Fairfax Courts

The drunk driver faces criminal charges in Fairfax County General District Court:

• First offense DUI: Class 1 misdemeanor
• DUI with .15%+ BAC: Mandatory 5-day jail sentence
• DUI with .20%+ BAC: Mandatory 10-day jail sentence
• DUI causing injury: Enhanced penalties

Why this matters: A criminal DUI conviction is admissible in your civil case, which is powerful evidence. You don’t have to re-prove intoxication.

Step 3: Your Civil Case for Compensation

While the criminal case proceeds, we build your civil claim:

Compensatory damages:

• Medical treatment at Inova Fairfax Hospital, Inova Fair Oaks Hospital, Reston Hospital, or private Northern Virginia providers
• Lost wages (critical in high-earning Northern Virginia market)
• Pain and suffering
• Permanent impairment or disability

Punitive damages (up to $350,000):

• Available under Virginia Code § 8.01-44.5 when driver’s BAC was .15%+ OR the driver refused to submit to a blood alcohol content test
• Where a drunk driver in Northern Virginia had less than a .15 BAC, we pursue common law punitive damages

Read our complete guide to Virginia drunk driving accident law →

Click to contact personal injury lawyers today

What Your Fairfax Drunk Driving Case Might Be Worth

Every case is different, and that is also true of DUI civil cases. Because of that, it is not possible to give settlement or verdict values without knowing all of the evidence in a case.

But it is helpful to know and understand the categories of damages that can be recovered in a Virginia personal injury case.

A standard personal injury case without the involvement of a drunk driver entitles you to receive both economic and non-economic damages.

Economic damages cover your out-of-pocket costs, like medical bills, lost wages, and other expenses.

Non-economic damages cover your human costs, like pain and suffering, inconvenience, mental anguish, disfigurement and humiliation, and similar categories.

Check out our article and video about what damages are recoverable under Virginia law.

But, in addition to compensatory damages, Virginia law entitles parties to recover punitive damages of up to $350,000 in a driving while intoxicated injury case. Virginia permits both a statutory claim for punitive damages and a common law claim for punitive damages, though the total recovery for either is limited to $350,000.

We seek to maximize the punitive damages and compensatory damages recovery in every DWI case we handle.

Why Fairfax Cases Require Northern Virginia Expertise

Our firm has practiced in Northern Virginia courts for over 15 years. This local knowledge matters:

Fairfax-specific advantages:

• Deep knowledge of Fairfax County Circuit Court judges and procedures
• Understanding of Fairfax County jury demographics (highly educated, high earners, sophisticated understanding of complex damages)
• History of success in Fairfax Circuit Court with a $2.5 million jury verdict in 2023, one of the largest verdicts in Virginia that year
• Experience with Inova hospital system records and Northern Virginia medical providers

Complete a Case Evaluation form now

What Makes MartinWren, P.C. Different for Fairfax Cases

Board Certified Trial Attorney

Bob Byrne is Virginia’s only Board Certified Truck Accident Attorney through the National Board of Trial Advocacy. This certification along with our long line of aggressive representation, signals to Fairfax County insurance companies that were a serious trial law firm—which creates settlement pressure and higher offers.

High-Value Case Experience

Northern Virginia drunk driving cases often involve:

• High earners with substantial lost wage claims (federal contractors, tech executives, attorneys)
• Catastrophic injuries requiring lifetime medical care
• Complex damages (stock options, bonuses, retirement benefits)

We’ve been awarded millions in Fairfax County cases because we understand how to:

• Calculate lost earning capacity for high-income Northern Virginia professionals
• Pursue wealthy defendants’ personal assets beyond insurance
• Present sophisticated damages arguments to educated Fairfax juries
• Work with Northern Virginia life care planners and economists

Learn more about traumatic brain injury cases →

No Fee Unless We Win

You pay nothing upfront. We work on contingency—our fee comes from your settlement or verdict, never from your pocket.

This is especially important in Northern Virginia where legal costs can be high. You get top-tier representation without financial risk.

What to Do After a Fairfax Drunk Driving Crash

Immediately:

1. Call 911 and report suspected drunk driving Tell the dispatcher the driver appears intoxicated.

2. Stay safe and document

• Move to safety if possible
• Photograph the drunk driver’s appearance
• Record video of slurred speech or stumbling
• Get witness contact information (critical on busy Northern Virginia roads)
• Note any open alcohol containers

3. Get medical treatment immediately Go to Inova Fairfax Hospital Emergency Department or Inova Fair Oaks Hospital even if you feel okay. You need to be at least checked out, as internal injuries or traumatic brain injuries are not necessarily obvious.

Within 24-48 Hours:

4. Request the police report Available online via Fairfax County Police Department portal usually within 5-7 days.
5. DO NOT talk to insurance companies They’ll call with low settlement offers. Politely decline and say you’re consulting an attorney.

6. Contact a Fairfax drunk driving accident lawyer

Call us for a free consultation.

We’ll immediately:

• Send preservation letters to police and bars to save evidence
• Handle all insurance negotiations
• Investigate the defendant’s assets (critical for common law punitive damages)
• Start building your case

Frequently Asked Questions

Can I sue the Old Town Fairfax bar that over-served them?

No, Virginia unfortunately does not permit what is called dram shop liability. But we still obtain records from the bar and may show they served an intoxicated patron (stumbling, slurred speech, aggressive behavior) or served a minor.

How long do I have to file a lawsuit in Fairfax County?

Two years from the crash date under Virginia Code § 8.01-243. This is a hard deadline. Don’t wait—bar surveillance footage deletes after 30-90 days and critical evidence may be lost.

What if I was injured on I-66 but the drunk driver lives in Maryland?

We can still file suit in Fairfax County if the crash occurred here. Virginia’s punitive damages laws apply even if the defendant is from out of state. We’ve successfully recovered against out-of-state defendants who caused crashes in Virginia.

Will I have to go to court in Fairfax?

Most Fairfax drunk driving cases settle before trial because:

• Insurance companies know Fairfax juries award high damages
• The evidence is typically overwhelming
• Punitive damages exposure creates major settlement pressure

However, if the insurance company refuses fair compensation, we will be prepared to take your case to trial in Fairfax County Circuit Court.

Serving Fairfax County and Northern Virginia

We represent drunk driving accident victims throughout:

Fairfax County:

• Fairfax City
• Old Town Fairfax
• GMU area
• Annandale
• Burke
• Centreville
• Chantilly
• Clifton
• Fairfax Station
• Great Falls
• Herndon
• Lorton
• McLean
• Oakton
• Reston
• Springfield
• Tysons Corner
• Vienna

Surrounding Areas:

• Arlington County
• Alexandria
• Loudoun County (Ashburn, Leesburg, Sterling)
• Prince William County (Manassas, Woodbridge)

Major corridors:

• I-66
• I-495 (Capital Beltway)
• Route 50 (Arlington Boulevard)
• Route 29 (Lee Highway)
• Route 7 (Leesburg Pike)
• Route 123 (Dolley Madison Boulevard/Chain Bridge Road)
• Dulles Toll Road
• Fairfax County Parkway

See our other Virginia practice areas →

Free Case Review: Fairfax Drunk Driving Accidents

Don’t let the insurance company minimize your case.

If you were injured by a drunk driver in Fairfax County, call today for a free consultation.

Visit: MartinWrenLaw.com

We’ll review your case, explain your rights to punitive damages under Virginia law, and help you understand what your case is really worth—especially critical in high-value Northern Virginia cases.

You pay nothing unless we win.

MartinWren, P.C. Serving Northern Virginia, Richmond, Charlottesville, and Roanoke

Other Virginia Resources:

• Virginia Drunk Driving Accident Law (Complete Guide)
• Charlottesville Drunk Driving Accident Lawyer
• Richmond Drunk Driving Accident Attorney
• Fairfax Truck Accident Lawyer
• Virginia Traumatic Brain Injury Guide
• Virginia Wrongful Death Claims

Last Updated: January 2026

Disclaimer: This page is for informational purposes only and does not constitute legal advice. Contact MartinWren, P.C. for a free consultation about your specific Fairfax County case.

Call (434) 817-3100 or complete a Case Evaluation form