Alcohol dependency is a substantial focus of substance abuse professionals involved in drinking and driving prosecutions under Virginia Code § 18.2-266. As a Fairfax DUI lawyer, When I look to my own past consumption of beer, wine and alcohol, I see that a non-alcoholic is capable of consuming liquor as many as four times weekly in college (involving Friday and Saturday night, and college pub nights on Tuesdays and Thursdays) and to still control their alcohol intake well. I say “capable” because many even non-alcoholics abuse alcohol to reduce stress or to escape confronting other aspects of reality. I am able to empathize all the more with my Virginia DWI clients from my own past drinking experiences (albeit never with any police traffic stops after I drank), but have not myself needed to struggle to reduce and ultimately end my drinking (ultimately stopping entirely eighteen years ago, both because of alcohol’s empty calories and for my child to see that alcohol is not a necessary ingredient for a fulfilling and successful life.)

Virginia DUI law is unjustly oversimplistic for relying on a highly fallible breathalyzer machine and for criminalizing threshold blood alcohol levels rather than taking blood alcohol concentration (BAC) into account for determining guilt or innocence

In the year 2000, federal legislation shoved down the states’ throats the criminalization of driving with a 0.08 or higher blood alcohol concentration (BAC), as a condition of continuing to receive highway construction funding. Whereas plenty of states previously used 0.10 as a threshold for presuming DWI (including Virginia – see unnumbered page 3 here), criminalizing 0.08 assured more DWI arrests, and thus more work available for substance abuse professionals at both the pretrial stage (both for pro-active evaluations, education and treatment, as well as for court-mandated pretrial treatment) and post-conviction stage (as a sentencing / probation condition). Yes, many good substance abuse professionals exist, particularly for helping people end their abuse, but I distinguish the latter from the overlysimplistic approach of lumping in a first-time Virginia DUI arrestee — particularly when the BAC test result is low or non-existent — with those with serious alcohol issues. Too many DUI defendants without alcohol dependency and without excessive drinking get dragnetted into this drinking and driving prosecution scheme.

Fairfax prosecutors, other Virginia assistant commonwealth’s attorneys, and judges can be persuaded by concerted efforts to turn one’s drinking behavior around, whether it be alcohol dependency or less serious, w

As a Fairfax DUI lawyer, my default for Virginia DWI defense is to be fully prepared for trial. Being fully prepared for trial improves a driving under the influence defendant’s chances of settling / pleading the case for a comparatively favorable result, because of the looming threat of a persuasively-fought trial by the defense if the case does not settle. Prosecutors know who are the attorneys who know how to try a case and go to trial (I have defended over two hundred DWI trials, and have defended hundreds more such clients overall), and those who veer towards preparing their cases for settlement, which makes it more likely that their cases will go to trial or have less favorable plea offers accepted. In the event my Virginia DWI client wants me to pursue settlement / plea negotiations on their behalf, it is often a good idea for them to engage in pretrial self improvement efforts to show that they are presently at much less risk of offending in the future than they might have been on the incident date. Such efforts can also work well with any sentencing, and certainly not hurt. Seeing that a Virginia DUI conviction mandates alcohol treatment / education through the Virginia Alcohol Safety Action Program (VASAP), taking such proactive steps also helps to show that the defendant is a good probation risk, therefore supporting relying on suspended rather than active jail time for those convicted of such an offense. As to negotiating DWI cases with Virginia prosecutors, one smaller Northern Virginia jurisdiction, and another that neighbors Northern Virginia have chief prosecutors who heavily disfavor amending a DUI case to a wet reckless disposition. When you have a highly-qualified Virginia DUI lawyer, you can be less desperate about reaching a plea deal if none is achievable.

A low MAST score is reliable, but a high score may not be

I have two main alcohol / substance abuse programs to which I refer my clients for an evaluation for purposes of any Virginia DUI settlement negotiations and possible sentencing, even if alcohol dependency is not at issue. The more expensive and thorough evaluation does not utilize the Michigan Alcohol Screening Test (MAST). Another state-licensed program that will do the evaluation by phone for under $100 does use MAST. When one looks at the questions, it is readily apparent that a low score on the MAST test can be a reliable indicator that the person at worst is a social drinker, while too many questions in the MAST test involve others’ subjective views, which can make a high score unreliable. I scored a level 2 on the test when assuming a hypothetical first-time DWI prosecution, because two points are assigned for such a prosecution. Here are the questions for this test and how MAST scoring works. The program that some of my clients use that employs the MAST score also assigns an American Society of Addiction Medicine (ASAM) level, with .5 level being the lowest. Here is what those levels mean.

What is your potential Virginia DUI lawyer’s willingness to give you the benefit of the doubt, experience dealing with substance issues, and experience finding and working with good substance professionals?

For years, I have worked with substance abuse and mental health professionals for my clients’ benefit for their defense — whether or not alcohol dependency is involved — and often for their overall well being. I know how to find better professionals and to identify areas of their reports that need correction or further explanation. Allegations are allegations, and not truisms. I listen closely to you as my client and work together with you to keep our eyes on the prize of the best possible outcome in your Virginia DUI defense.

Fairfax criminal lawyer Jonathan Katz pursues your best defense against Virginia DUI, felony and misdemeanor prosecutions. Call 703-383-1100 for your free in-person confidential consultation about your court-pending case.