DWI / DUI

During some DWI bench trials, it appears that judges are using a piece of paper to check off information about the defendant's purported performance on the junk science field sobriety tests. I hope that no judges are using a pre-printed checklist -- and if so,...

It is a pain enough to receive a federal DWI conviction than also having to come to state court to seek restricted Virginia driving privileges. Unfortunately, Virginia statutory law requires a revocation of Virginia driving privileges (or revocation of all driving privileges for Virginia licensees)...

A Virginia DWI arrestee has a tough decision between agreeing to submit to a breath or blood alcohol test, thereby making the police officer's and prosecutor's job easier to obtain a DWI conviction for a proven breath or blood alcohol content (BAC) of 0.08 or...

Yesterday, the Virginia Court of Appeals confirmed that a parent transporting a child while under the influence of alcohol is not automatically in violation of the felony child endangerment statute, Va. Code § 18.2-371.1(B)(1). Instead: "Policing the line between the ever present 'possibility' of serious...

The horizontal gaze nystagmus test ("HGN") is routinely included among the field sobriety tests. Even if the test's name sounds scientific, in reality the test involve's the police officer having the DWI suspect follow a pen or other stimulus with the suspects' eyes, while the...

Mere momentary, short and limited weaving is not sufficient for a police traffic stop. Moreover, Virginia has not recognized a community caretaking ground to allow a police traffic stop (to assure the welfare of the driver of a car driving less than perfectly). Barrett, 250...

Super Bowl Sunday is a time of high energy, merrymaking, drinking beer and other alcohol, chowing down, cheering when one's team wins, and regretting when one's team loses. Getting tipsy on alcohol can be fun, at least when it does not unleash one's demons and...

Those opposed to a robust criminal defense can protest all they want about defendant's getting off on technicalities. I reply that the Bill of Rights is not a technicality, nor are procedural rights that are enshrined in statutes. Criminal defendants will be happy to win...

Here is the current Virginia state of the law for taking blood draws of DWI suspects without a search warrant: Virginia statutory law tells police to advise DWI arrestees who refuse breath or blood tests of alcohol and drugs, of the criminal and civil penalties...

Virginia's Court of Appeals asserted this week that it complied with Supreme Court case law when permitting a warrantless blood draw in a DWI case where the defendant was neither asked whether he would take the test nor refused. I disagree. Wolfe v. Virginia, ___...