Feb 07, 2018 DUI repeat charge with BAC reading over 0.15 yields no jail & MJ dismissal
Fairfax DUI lawyer obtains no jail on repeat DUI charge with alcohol test over 0.15 and dismissal of marijuana charge
DUI repeat charges should be avoided like the plague. Nonetheless, my urging people not to drive within 24 hours of consuming any alcohol either often falls on deaf ears or never reaches those ears in the first place, until it is too late.
DUI repeat charges – Virginia criminal lawyer warns against getting them after having a prior conviction for the same offense
As a Fairfax criminal lawyer, I know that a DUI repeat arrest within five years is enough to freak out any criminal defendant. Such a conviction means twenty days mandatory minimum in jail, three years of suspended driving, and no restricted driving for at least one year. A conviction for a DUI repeat offense with a breath alcohol content of at least 0.15 brings thirty days mandatory minimum jail time. If convicted of marijuana possession in the mix, that is particularly bad for one’s reputation, to boot.
Fairfax criminal lawyer on the importance of proceeding to full battle-ready mode once charged with any crime
Many of my DUI and other criminal defense clients come to me with prior significant conviction records. It is not uncommon for me to defend people charged with a second or third DWI offense and sometimes even a fourth offense. Past always is prologue with my clients, and we cannot waste time grieving over spilt milk. Action is immediately needed for us to find the best path to as much victory as possible. For me that means obtaining all necessary evidence and information, lining up our necessary witnesses, and fully preparing my client for the case in the teamwork with me. For my DUI clients, that means immediately following my instructions on doing three mouth temperature checks, entering a suitable alcohol education program, getting documentation of attendance at a suitable number of AA or other self help meetings (none of which is any admission of culpability, but instead shows devotion to having the personal tools to be responsible with alcohol), and doing a suitable driver improvement program. For my marijuana possession clients, that means ceasing illegal drug use so that they may provide regular clean urine drug tests from an appropriate facility, start suitable drug education, and do a suitable number of documented community service hours.
A recent client charged with marijuana possession and DUI second offense within five years followed my above-referenced action plan, which seemed to have made a positive difference in our obtaining a settlement for first-time DUI with no active jail and a dismissal of the marijuana charge (where the police officer confirmed that no field test was ever performed). Of particular importance was that the prosecutor saw that we were fully ready for trial and that I had pointed out some potentially sticky evidentiary issues for the prosecution.
Getting arrested is never the time to throw in the towel. When arrested, your battle has just begun .
Fairfax, Virginia, DUI and criminal lawyer Jonathan L. Katz has successfully defended over three thousand criminal defendants since 1991. For a confidential consultation with Jon Katz, please schedule an appointment through Jon’s staff at 703-383-1100.