Fairfax DUI suspects- Virginia DWI lawyer says it is best to have planned your next moves before ever getting behind the wheel

Fairfax DUI suspects — and all DWI suspects charged with driving under the influence of alcohol or drugs under Virginia Code § 18.2-266 — can have impaired judgment if they have in fact consumed significant quantities of beer, wine or alcohol (and remember that cough and cold medicine can contain alcohol). As a Fairfax DUI lawyer, I know that many people (aside from only restaurant and bar owners, who want you running a tab) will think I am being overly cautious by warning about driving a motor vehicle within twenty-four hours of consuming any liquor. From personal experience, I believe that driving a few hours after consuming the equivalent of a half to full bottle of beer may be safe, but by waiting twenty four hours, you are overcovering risk. What risk, you ask? The risk of police claiming you had an odor of alcohol on your breath, acted with slurred speech, lack of coordination, and so on. You may feel confident that a blood alcohol concentration (BAC) test with a preliminary / portable breath test (PBT) machine or Intox EC/IR II breathalyzer machine may prove your innocence. However, the Intox EC/IR II machine is riddled with fallibility, and the PBT machine is even more fallible than that. Nonetheless, people can feel uncomfortable, for instance, to arrive in their own car at a fine restaurant, split a bottle of wine, and be seen by their friend(s) leaving the car and waiting for an Uber or other car service, which do not always show up immediately. If you are going to get behind the wheel of a car less than 24 hours after drinking alcohol, read on.

For how to conduct myself if among Fairfax DUI suspects, why do I not cross that bridge when I come to it?

Because alcohol can impair judgment and because confronting the police investigating you for a potential DWI offense can be stressful and fear-inducing, you are wise to map out your strategy for dealing with the police long before you ever become among Fairfax DUI suspects or a DWI suspect anywhere else. First of all, if you are going to drive after consuming alcohol or impairing drugs, watch out about standing out to be a target of police investigation. If you are coming out of a bar on a busy weekend night, do not be surprised if police are trolling for easy suspects. If you exit the bar boisterously, you might be drawing police attention to yourself. If you burn fast rubber out of the parking lot, the police might get on your tail. Second, if you have been drinking, now is not the time to exceed the speed limit, commit any other traffic violation, use your cellphone, or get into an argument with your passenger(s). If is folly for your focus to be on anything other than arriving safely to your destination.

How soon should I stop once a law enforcement officer (LEO) signals to me?

Unless you want an added criminal of fleeing a police officer, stop as soon as you can once an LEO signals for you to stop. Notice I did not say for Fairfax DUI suspects and any other DWI suspect to wait until they are in an absolutely safe location, nor did I say to stop in the middle of an interstate highway rather than pulling over to the far right or left. I did say to avoid getting charged with fleeing the police. What if the emergency lights trying to stop you are coming from an unmarked vehicle? Police often drive unmarked vehicles. You took a risk to get behind the wheel after drinking. It is for you to decide if you will take the risk that this is a fake cop and still stopping, or risking being criminally charged with fleeing a police officer. (It is beyond the scope of this article about making a decision, or not, about calling 911 or driving to a police station if you are being followed by an unmarked vehicle running its emergency lights and sirens.)

Should I get out of my car if the police stop me?

When Fairfax DUI suspects try getting out of their car that the police have stopped, LEO may tell them to get back in. By your staying in the car until the police tell you to do otherwise, you have not heightened LEO’s concern about whether you are armed and/or dangerous or whether you will be a challenge to deal with. If police tell you to get out of the car –whether you are the drive or passenger — do not delay in doing so. The Supreme Court allows police to make such a command to occupants of lawfully stopped vehicles.

Should I be docile with police, aggressive, or can I find a middle way or even better way than that?

Fairfax DUI suspects — and all DWI suspects — should not be docile with the police who are investigating you, because that means waiving their rights that you should not be waiving. Do not be physically aggressive with police, which can escalate matters into your being physically injured and possibly charged with more misdemeanor and even felony crimes than only DWI (if even charged with DWI). Do not get behind the wheel after reading my article and watching my video here

Should I feel bad about making life difficult for a nice cop trying to do his job in the pouring rain or freezing cold?

Many Fairfax DUI suspects and other police suspects are fortunate when they encounter nice police (and numerous Fairfax County police do consistently act respectfully to my clients on their bodycam and dashcam footage, and to me), whether that kindness is engrained in the officer, meant to manipulate, or part of two faces, with the other face not as pleasant in the courthouse. You did not tell the police officer to stop or investigate you. The officer should have known or did know what s/he was getting into with this job, for which the officer is being paid. Now, do your job and assert the rights you need to assert. You are not here to make friends with the police officer, nor to have them reward you with a proverbial pat on the back for not asserting your rights to remain silent, to refuse searches and to refuse field testing (even though refusing field testing is allowed to be considered at trial by the judge and  jury.) You should certainly be polite with LEO, even when asserting your rights (for instance saying “I am not answering any questions, officer” versus “F**k off!”) This article does not cover submitting to post-arrest breath and blood alcohol testing, which the law penalizes for refusing after a lawful DWI arrest, and which the law allows to charge you with obstruction of justice should you do anything but keeping your body still and following the physical instructions of the blood draw person after a blood draw search warrant has been issued against you by Virginia judicial magistrate or judge.

Fairfax DUI lawyer Jonathan Katz has successfully defended hundreds of DWI defendants, whether or not they have undergone BAC testing, and including hundreds of people with blood draw cases, hundreds with breath testing cases, and scores with refusal cases. He has worked hundreds of times with defense forensic experts against Virginia DUI prosecutions. He looks forward to defending you. Call 703-383-1100 for your free in-person confidential consultation with Jon Katz about your court-pending case.