Category Archives: DUI
Non-Intoxication DUI Defenses
Driving Under the Influence (DUI) charges typically allege that a driver operated a vehicle while impaired by alcohol or drugs. However, not all DUI cases center on intoxication. In some instances, drivers are charged with DUI even when no alcohol or controlled substances are involved. These cases call for non-intoxication DUI defenses, which challenge… Read More »
Top Five DUI Enhancements in Virginia
Ordinary DUI is one of the worst misdemeanors in Virginia, from the standpoint of direct and collateral consequences. The average cost of a basic first-time DUI is over $10,000. Higher auto insurance rates make up much of that cost. Enhanced DUI, even first-time DUI, is much worse. Usually, prosecutors add enhancements whenever possible. Most… Read More »
What is the Best Defense for DUI?
The best defense in a DUI is more important than ever. Fallout from pandemic lockdowns in 2020 triggered an upward trend in the number of alcohol-related fatal crashes in Virginia. Authorities are determined to reverse that trend. The over-aggressiveness often backfires. When officers make borderline arrests and prosecutors bring these matters to court, they’re… Read More »
Are Drunk Drivers Automatically Guilty in Loudoun County?
No. The state must prove every element of a DUI, and not just the “under the influence” element, beyond any reasonable doubt. The “driving” element is usually very hard to prove, especially in more serious DUI collision cases. Additionally, during their investigations, police officers must closely follow all the rules and not take shortcuts…. Read More »
Should I Hire a DUI Lawyer or Go with a Public Defender?
We’ve all seen news magazine profiles that feature overworked public defenders. These tales are somewhat exaggerated, but they’re mostly true. Many public interest lawyers are overworked, mostly for economic reasons (more on that below). But for the most part, public defenders are capable defense lawyers. In fact, in some cases, going with a public… Read More »
Can You Expunge DUI in Virginia?
Maybe. Three primary expungement avenues are available, as outlined below. Expungement is the criminal records equivalent of a delete key. wiping out all law enforcement, judicial, and other records related to a criminal conviction. Record sealing is like White-Out (if you’re under fifty and you don’t know what that is you can Google it)…. Read More »
How Likely is Jail Time for the First DUI in Virginia?
Not very much, unless one of the four aggravating factors discussed below applies to the case. Additional jail time is particularly likely in the first two situations. Other enhancements, such as a prior DUI conviction, also apply. But since this enhancement changes a first-time DUI into a second one, we won’t discuss it in… Read More »
DUI Penalties in Virginia: Breaking it Down
Until around 1990, DUI laws in Virginia and most other states were quite weak. In fact, DUI was basically an enhanced traffic ticket. Furthermore, because of the way the law was worded, DUIs were hard to prove in court. For these reasons, DUI enforcement was weak as well. Today, things are different. The laws… Read More »
Watch Out for DUI Checkpoints
The number of fatal alcohol-related wrecks spikes over Labor Day Weekend. Largely for that reason, peace officers are usually out in force during this three-day weekend. Their show of force often includes DUI checkpoints. If they had their way, police officers would operate checkpoints every day of the year. But roadblocks are so costly… Read More »
What Do Cops Look For in a Field Sobriety Test?
When they administer the DUI eye test and other field sobriety tests, police officers look for clues that indicate intoxication. Usually, these clues are related to test performance or the ability to follow directions. Alcohol affects physical and mental abilities. Intoxicated persons cannot act or think straight. Although the science behind FST clues, and… Read More »
