DWI / DUI

Cross examining (CE or Xexamine) police is an essential tool for the defense against Virginia DUI prosecutions. As a Fairfax DWI lawyer, I know that the Constitution's Sixth Amendment Confrontation Clause and Virginia appellate court caselaw guarantee this CE right. I also know that many...

Virginia DUI matters of law are decided by the judge rather than by a jury. As a Fairfax DWI lawyer, I know this can temper the level of excitement over getting a second bite at the apple by appealing a conviction in a Virginia District...

Attacking field sobriety testing (FST) is an essential part of Virginia DUI defense against prosecutions under Virginia Code § 18.2-266, both to challenge the legality of the arrest and to argue that the prosecutor has not proven beyond a reasonable doubt that the defendant is guilty...

Alcohol abstinence mandates after leaving court with a Fairfax DUI conviction (and maybe even a wet reckless driving conviction) can feel like an insult after already suffering the unpleasantness of such a case outcome. As a Fairfax DWI lawyer, I know that more serious than...

Virginia DUI sentencing enhancement risks can go beyond mandatory minimum sentencing for such factors as repeat DWI offenses, blood alcohol content of 0.15 or more, DUI with maiming and DUI with death. As a Fairfax DWI lawyer, I know that other factors can also aggravate...

Interlock orders at first blush may weigh heavily on defendants in Virginia DWI trials. As a Virginia DUI lawyer, I know that sometimes an ignition interlock device (IID) order results from a deal that converts a DUI count to wet reckless, or from the option...

Attestation clauses (AC's) need to be signed by breathalyzer machine operators to effectuate the Virginia law that gives prosecution-friendly meaning to such testing. Virginia Code §§ 18.2-268.9, 19.2-187, and 19.2-187.1. As a Fairfax DUI lawyer, I religiously check the certificate of analysis for whether the...

FST (field sobriety testing) often get overly built up by police and prosecutors in Virginia DUI trials. In reality, prosecutions typically have holes to mine, enlarge and exploit in fighting for acquittal. Sometimes that yields acquittal, like with my recent DWI bench trial. In this...

Fairfax blood DUI defense includes a trip to court on the first scheduled date and, if the case does not settle yet, to schedule a trial date months in advance. As a Virginia DWI lawyer, I know that this trial date delay is to accommodate...

Totality of the circumstances (TOC) can be persuasively argued to the defendant's favor against Fairfax DUI prosecutions. As a Virginia DWI lawyer, I know that the legality or not of a DWI arrest requires looking at whether the TOC provided the police probable cause to...