Holiday Virginia DUI police patrols make sensible driving behavior all the more advisable

Holiday Virginia DUI police patrols are as common during Memorial Day weekend as Independence Day weekend. As a Fairfax DWI lawyer, I know fewer people will need me for such accusations by simply remaining away from the steering wheel at least twenty-four hours after consuming beer, wine or alcohol. I know this approach is much more extreme than the idea of spacing out alcoholic drinks to no more than one hourly (some of my clients still get arrested after claiming to have done that). However, it is better to have a designated driver or to call a taxicab, Uber or Lyft than to have to hire a lawyer to defend you for a Virginia DUI arrest under Virginia Code § 18.2-266.

Holiday Virginia DUI police patrols also can catch you if under the 0.08 blood alcohol concentration threshold and if over 0.02 BAC when under age 21

Holiday Virginia DUI police patrol officers know that the Virginia appellate caselaw that waters down the definition of intoxicated not only to a blood alcohol concentration (BAC) of 0.08 or higher, but also to having consumed enough alcohol to noticeably affect one’s appearance or behavior. Even when a driver’s BAC is under 0.08, no presumption of no under the influence of alcohol takes effect until the defendant’s BAC is 0.05 or less. On top of that those under 21 years old can be charged with s0-called baby DUI for a BAC of 0.02 or higher, under Virginia Code § 18.2-266.1. Such low thresholds for risking Virginia DWI convictions are an incentive to police to be out in force pursuing such arrests, and and incentive to drivers to stay away from the wheel when too close in time to their having consumed beer, wine or alcohol.

What do I do if the police investigate me for an alleged Virginia DUI offense?

Being ready for a DWI investigation needs to be in effect all the time, and not only during Holiday Virginia DUI police patrols. Know your right to remain silent with the police, to refuse field sobriety tests, and to decline roadside preliminary breath testing (BAC). Also, be ready that if you refuse to submit to a post-arrest breath or blood alcohol concentration test, the police officer may obtain a search warrant to require you to submit to a blood test, which cannot be declined when ordered by a judge.

Know your right to obtain a lawyer against your Virginia DUI prosecution

Advocating for yourself to the police rarely yields your desired defenses, whether during holiday time or another time. Once you obtain a qualified Virginia DUI lawyer, you will be in better shape to obtain as much justice as possible, particularly if you work closely together with your lawyer, and if you are timely responsive with your attorney’s requests to talk with you for purposes of strengthening your defense all the more.

Fairfax DUI lawyer Jonathan Katz has successfully defended hundreds of people charged with Virginia DWI offenses. Call 703-383-1100 for a free in-person consultation with Jon Katz about your court pending case.