Category Archives: DUI
Top Five DUI Checkpoint Requirements
The Bill of Rights protects people from government overreach. But some Constitutional protections, most notably the Fourth Amendment, don’t apply at DUI checkpoints. Because of this shortcut, most police departments would probably set up DUI roadblocks every weekend if they could. But checkpoints are very costly and usually rolled out during Memorial Day Weekend… Read More »
If I Took a Breathalyzer Test, Am I Automatically Guilty?
Of course not, although it might seem that way. The conviction rate in Breathalyzer cases is much higher than the conviction rate in non-test cases. Virginia, like most other states, has a per se DUI law. If the defendant’s BAC level was above the legal limit, the defendant was intoxicated as a matter of… Read More »
Should I Hire a DUI Lawyer?
Most people know the Miranda Rights line “You have the right to an attorney; if you cannot afford one, the court will appoint one for you.” Indeed , the Sixth Amendment guarantees the right to counsel in criminal cases. However, this provision in the Bill of Rights doesn’t guarantee a free lawyer. Most Loudoun… Read More »
When Can Officers Pull Me Over for DUI?
DUI stops are legal if the officer has enough proof to satisfy the reasonable suspicion requirement. This rule basically states that, to detain suspects, officers must have an evidence-based hunch that the suspect is up to no good. Several recent Supreme Court cases have watered down this rule. As a result, in pretrial hearings,… Read More »
Five Hidden DUI Defenses in Loudoun County
In Virginia, the overall cost of a first-time DUI could be over $20,000. Lack of intoxication, or rather lack of evidence of intoxication, is usually the best defense, and often the only defense, in DUI cases. For example, officers might have used a Breathalyzer that wasn’t properly calibrated or the defendant might have refused… Read More »
Five Key DUI Checkpoint Requirements in Virginia
As part of the 1960s Supreme Court criminal law revolution, the Supremes introduced the reasonable suspicion rule. According to Terry vs. Ohio, officers must have reasonable suspicion, which is an evidence-based hunch of criminal activity, before they pull over motorists or otherwise detain people. The Supreme Court has watered down this rule in recent… Read More »
Challenging Chemical Test Results in a DUI
Admissible and accurate test results usually guarantee a DUI conviction. The breath test conviction rate is over 90 percent. The blood test conviction rate is almost 100 percent. However, as outlined below, these chemical tests often aren’t admissible or accurate. Usually, an attorney doesn’t have to “prove” the results are invalid. Instead, an attorney… Read More »
Can I Fight a Protective Order in Virginia?
One of the least-enforced provisions in Virginia law is Section 40.1 of the Virginia Code, which details the penalties for making false statements on a protective order application. That’s partially due to a lack of prosecutorial interest and partially due to the nature of false statement cases. Victims, witnesses, and defendants very rarely intentionally… Read More »
Formal and Informal Expungement in DUI Cases
Future auto insurance rate increases make up most of the estimated $20,000 cost of a first-time DUI conviction. These individuals must purchase SR-22 high-risk insurance and maintain it for at least three years. These policies are about 70 percent higher than normal policies. When the mandatory SR-22 period expires, cheaper insurance may be unavailable,… Read More »
When Can Officers Pull Me Over For DUI?
To detain suspects, according to a 1968 Supreme Court ruling, prosecutors must prove that officers had reasonable suspicion. Over the past ten years, the Supremes have watered down this rule and given police officers more leeway in this area. So, Loudoun County judges now often rule in favor of police officers in close cases…. Read More »