DUI arrests are opportunities to go to battle rather than throwing in the towel, says Fairfax DWI lawyer. DUI arrests and all other arrests present the criminal defendant with no choice other than to proceed with a full court press for his or her defense. As a Fairfax DWI/ criminal lawyer, I know that the post-stop and post-arrest period can leave a DWI defendant feeling like s/he is treading water, when it is really time to fully defend the case. The Thanksgiving weekend is one of the times that DUI arrests can be on the increase, with the combination of long weekend merriment and police on higher alert for DWI suspects. This long holiday weekend not having yet ended, I repeat my urging people not even to get behind the wheel of an automobile within twenty-four hours of consuming beer, wine or alcohol. The .08 BAC nationwide threshold for a DUI conviction is too low often for people even to feel any effects of alcohol, and plenty of police will charge DUI even for BAC test results below 0.08.
Fighting DUI prosecutions always is essential. As a Fairfax DUI lawyer/criminal lawyer, I know that DWI convictions dog those convicted of such an offense. As a Fairfax DUI attorney, I know that arresting police officers and court magistrates (being very busy and not having to be lawyers) can mistakenly allege that a DWI defendant's prior DUI record is worst than it is for purposes of facing mandatory minimum penalties for a repeat DUI charge.
Fairfax DUI lawyer on excluding blood alcohol test results. Excluding blood alcohol test results is a vital part of fighting a DWI (driving while impaired by alcohol for purposes of this article, but also relevant to driving while impaired by drugs) trial involving post-arrest testing for breath or blood alcohol content (also known as BAC). As a Fairfax DUI lawyer, here are some of the key steps I took in my latest success in excluding my client's BAC results from trial.
Fairfax DUI lawyer on expecting magic from within without expectations in others. Expecting magic from myself as a criminal/ DUI defense lawyer -- and nothing from others -- is the way to go. As a Fairfax DWI/ criminal lawyer, I know that such a path is a non-dualistic way to succeed. That way, when a judge, prosecutor or police officer is inspired by themselves and/or by me to do good, I can delight in that, and when they try throwing dirt or shotgun diarrhea in the eyes of me or my client, I will simply learn from taijiquan by making whatever adjustments are needed to avoid the dirt or feces, and to re-balance the situation.
Fairfax DUI lawyer wins trial after underlining defendant's lucidity despite his wobbliness with field sobriety tests. Lucidity arguments are particularly important for DUI defendants when their physical coordination is wobbly. As a Fairfax criminal lawyer, I have experienced the benefits of such arguments, including in a recent DWI trial victory.
Fairfax DUI lawyer on the limits of using roadside PBT breath testing in court
Roadside PBT breath testing is routinely attempted by Virginia police in Virginia DUI/DWI convictions. As a Fairfax criminal lawyer, I pounce on such evidence. Many -- but, unfortunately, not all -- Virginia judges sufficiently follow the dictates of Virginia Code § 18.2-267, which bars the preliminary/portable breath testing ("PBT") evidence in DUI cases other than for suppression motion hearings, and bars such evidence at a suppression hearing where the following three conditions of § 18.2-267 are met
Fairfax DUI lawyer obtains reckless driving result after prosecution witness calls in sick. Witness availability -- on the prosecution side -- always needs to be checked by the defense lawyer as part of advising a criminal or DUIhttps://katzjustice.com/trial-readiness-steers-negotiating/ defendant whether to proceed to trial and how to proceed with settlement/plea negotiations. As a Fairfax DUI lawyer, my ideal is to wait until the trial date to see whether the essential prosecution witnesses have arrived to court or are reliably on call, because sometimes they do not arrive, whether because of not being subpoenaed, miscalendaring, scheduling conflicts, transportation issues, delays, sickness, disinterest, or work or family obligations.
Virginia DUI lawyer obtains DWI victory at the suppression hearing stage. DWI victory and criminal defense victory is preceded by substantial preparation. including keeping updated on the relevant science and law, obtaining and fully analyzing the case evidence, and working as a team with my criminal defense clients. As a Fairfax criminal lawyer, I know how essential is this pretrial preparation on the road to pursuing the best possible case outcome.
Virginia DUI lawyer on getting to firm ground after a DUI arrest. Virginia DUI charges call for full and skilled defense. As a Virginia DUI lawyer following up on the first of this two-part article (entitled "Beware DUI guilty plea consequences"), I resume by addressing the actual and potentially adverse consequences from a Virginia DUI conviction.
Fairfax DUI lawyer on fallout risks from DUI convictions. Beware DUI guilty plea (and no contest/ nolo contendere/ Alford plea) consequences. As a Fairfax DUI lawyer, I know that through very effective lobbying, by now Mothers Against Drunk Driving (MADD) and their allies have accomplished making a farce of the laws governing driving under the influence of alcohol/ driving while intoxicated (DUI and DWI), by making it a crime throughout the nation to drive with a blood alcohol/breath alcohol content of 0.08 or higher.
Commercial driver licenses ("CDL") issued in Virginia are at risk for a whole host of convictions for Virginia criminal charges and traffic infraction charges. The Virginia Department of Motor Vehicles website here provides an overview of these CDL risks from such driving convictions as DUI/driving under the influence of alcohol or drugs, refusing a breath test in a DUI case (even if only a civil offense), reckless driving, hit and run, texting while driving, and fatal crashes.
DUI repeat charges should be avoided like the plague. Nonetheless, my urging people not to drive within 24 hours of consuming any alcohol either often falls on deaf ears or never reaches those ears in the first place, until it is too late.
Fairfax DUI defense and DUI defense throughout Virginia often involves dealing with probation violation charges, and dealing with VASAP (the Virginia Alcohol Safety Action Program). Probation violation charges are too common but typically avoidable. Registering with VASAP is mandatory for anyone convicted in Virginia for DUI.
Fairfax DUI defense and DWI defense throughout Virginia often also includes defense against charges of unreasonably refusing to submit to a breath or blood test for blood or breath alcohol content (BAC).
DUI convictions (see here) & public intoxication convictions (see here) bring immigration risks for those who are not United States citizens, at least for those with multiple alcohol-related convictions.
Virginia DUI charges should be fought tooth and nail by people charged with such offenses. As a Fairfax criminal lawyer, I know the fallout from a DUI conviction, including loss of liberty through possible jail time and through probation supervision (and, therefore, risk of future jail for any probation violation finding); loss of driving privileges with stingy restricted driving privileges with the ignition interlock when granted; risks to security clearances; risks to such professionals as
Virginia DUI pitfalls loom around virtually every corner for those who get behind the wheel too soon after drinking beer, wine or other alcohol in the Commonwealth. As a Fairfax criminal lawyer, I address below some practical and less obvious approaches to avoiding becoming a statistic of a DUI arrestee or, worse, a criminal defendant convicted of DUI
Fairfax criminal defendants and other Virginia defendants charged with DUI need not only to fight the DUI charge, but also to be ready for fallout to their driving privileges from such a conviction. Virginia DUI charges call for defendants to pursue a full-court press It...
Virginia DUI law only makes sense if it outlaws drunk driving, not something less than driving drunk. However, as a Virginia DUI lawyer, I know that the Virginia Code and caselaw allow for a DUI conviction for much less than driving drunk, thus turning logic, language and reasonableness on its head almost as much as 1+1 does not equal three.
Does tetrahydrocannabinol (THC) (marijuana's primary psychoactive ingredient) concentration correlate to impairment from marijuana/cannabis consumption? The National Highway Transportation Safety Administration ("NHTSA") of the United Stated Transportation Department concedes