DWI / DUI

Federal court DUI and misdemeanor defense is different from Virginia state court misdemeanor defense in several ways, including that federal court does not provide the option for a new trial on appeal, unlike the Virginia state system that entitles a defendant to a new trial...

Federal DWI charges are common in Northern Virginia, and require a different set of laws and procedures than is involved in Virginia General District Court and Circuit Court. As a Virginia DUI lawyer, I have defended many such cases over the years, with the DUI...

Refusing pre-arrest breath testing in a Virginia DUI investigation is wise when one has consumed any alcohol, as this is a voluntary test and the testing can be even more inaccurate than the already-inaccurate Intox EC/IR II breath testing machine that is used post-arrest for...

Habitual drunkard laws are found in the Virginia Code and in federal immigration law. As a Fairfax DUI lawyer, I am delighted that a deeply divided United States Court of Appeals for the Fourth Circuit this week invalidated Virginia's habitual drunkard law as unconstitutional. Manning,...

Hunches by themselves do not permit police stops of suspects. As a Fairfax DUI lawyer, I know that at minimum, the police officer needs reasonable articulable suspicion to stop a suspect. Moreover, Virginia has not yet recognized a community caretaker basis for police to stop...

Videotaping is an advance over not having videotaping of police encounters. At the same time, police filming does not reveal the entire situation. As a Virginia DUI defense lawyer, I know that effective motions hearing and trial cross examination of police is essential for criminal...

Medications about around us, hawked on commercials, sold like candy over the counter, and prescribed at a dizzying pace. As a Fairfax DUI lawyer, I know that the crime of driving under the influence applies both to alcohol and drugs. Many Virginia DUI defendants suggest...

Defending in trial against allegations of DWI and refusal to submit to blood alcohol content (BAC) testing by breath or blood testing presents its own opportunities and challenges. As a Virginia DUI lawyer who has taken numerous of such cases to trial, I provide the...

Warrants to obtain blood for alcohol testing from DWI suspects was the default Fourth Amendment rule -- absent the driver's consent -- until June 27, 2019, when the United States Supreme Court decided 5-4 that exigent circumstances exist for a warrantless blood draw whenever a...

Talking with police is not required, but a slew of criminal suspects run their mouths with cops, often to their detriment. As a Virginia DUI lawyer,  I have repeatedly seen the gold from criminal defendants' remaining silent with police and the feces that comes from...