DWI / DUI

DUI arrest risks always are present when a person drives with alcohol in one's bloodstream, even if a small quantity. As a Fairfax criminal lawyer, I know that overall DWI arrest numbers will be reduced as people drive less during the pandemic. I also know...

Restricted license availability for refusal removes prosecutorial bargaining chip in DUI cases, says Virginia DUI lawyer Restricted licenses currently are not available for Virginia convictions for refusing to submit to breath or blood testing for measuring blood alcohol content (BAC) after being arrested for violating...

Beating a DWI prosecution can stem from such approaches as convincing the judge that the traffic stop or arrest did not pass Fourth Amendment Constitutional muster, and convincing the factfinder(s) that the prosecutor has failed to prove guilt beyond a reasonable doubt. One of my...

Discovery rules tell prosecutors what information (and when) they must provide defendants -- through their lawyers -- prior to trial. As a Fairfax DUI lawyer, I know that the Virginia discovery rules remain too narrow.  In Virginia district court, the defense is only entitled to...

Sea changes are happening that benefit criminal defendants with the new Virginia chief prosecutors in Fairfax County, Arlington and Loudoun As a Fairfax DUI lawyer, I see numerous personnel changes at these Virginia commonwealth attorneys' offices; more flexibility with numerous case negotiations; and more opportunity...

Collisions can result from drunk driving. As a Virginia DUI lawyer, I know that many trial judges in my home county of Fairfax and beyond in the commonwealth will sentence DWI more harshly when believing that the convicted DUI is causally connected to any collision...

Horizontal gaze nystagmus ("HGN") is one of the three so-called DUI standardized field sobriety tests ("SFSTs") approved by the National Highway Transportation Safety Administration ("NHTSA") of the United States Transportation Department. The HGN test is of no more use to DUI investigations than to confirm...

Field sobriety tests ("FSTs") are routinely requested by police investigating DWI suspects. As a Fairfax DUI lawyer, I know that even the most sober person can perform poorly on such FSTs as standing on one leg while holding the other at least six inches off...

Consciousness of guilt of DWI from a blood alcohol test refusal can be considered in some non-Virginia jurisdictions. As a Fairfax DUI lawyer, I know that such test refusal is generally inadmissible at a Virginia DUI trial for any reason other than introducing a finding...

Court dates for DWI and criminal cases are not exercises in rarefied, genteel lawyering, but are non-physical combat for obtaining the best possible results for defendants whose liberty and reputation are on the line. As a Fairfax DUI lawyer, I know the importance for...