DWI / DUI

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,...

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

Avoiding a drugged driving conviction starts with silence. Drugged driving arrests are many and, like DUI cases, sometimes follow serious car accidents. As a Fairfax, Virginia criminal lawyer, I know that the temptation to speak with the police and the court magistrate is great after...

When is a blood alcohol test justified without consent nor a search warrant, in a DUI case? When sufficient exigent circumstances exists for doing so.

As a Virginia DUI lawyer, I know how draconian and antithetical to a free society are the Virginia DUI laws and the rest of the nation’s drinking and driving laws, and how much unfairly harsher those laws are on drivers under 21 years old.

As a Virginia DUI lawyer, I know how inaccurate are the breath testing machines used for checking breath alcohol content ("BAC") levels in people. The Intox EC/IR II machine used for introducing BAC evidence are fraught with inaccuracy. Preliminary breath test machines are even more...

Police are not permitted to overstep their bounds. That means, for instance, that police may not tell suspects they have to answer questions, because everyone has the right to remain silent with the police

Virginia police and prosecutors love seeking mandatory minimum sentencing in DWI cases for blood/breath alcohol levels allegedly at 0.15 or higher, and for repeat DWI offenses. Mandatory minimum sentencing efforts must always be thoroughly challenged. Thankfully, Virginia DWI law makes clear that mandatory minimum sentencing for...

Part of defending such allegations is not only to challenge the newest DWI charge, but also to attack whether the prosecution has proven the prior convictions, and whether any prior out-of-state DWI conviction are substantially similar to Virginia's DWI statute. Va Code § 18.2-270(E). Virginia's...

Like bear feasting on salmon swimming upstream, police often troll for arrestees in such easy picking areas as bar neighborhoods and at such times as Memorial Day weekend. If that were not so, why are Arlington County, Virginia, police out in force on Friday and...