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Totality of the circumstances is key in Fairfax DUI defense

Totality of the circumstances (TOC) can be persuasively argued to the defendant's favor against Fairfax DUI prosecutions. As a Virginia DWI lawyer, I know that the legality or not of a DWI arrest requires looking at whether the TOC provided the police probable cause to...

Challenge Mandatory Minimum Sentencing for Alleged Repeat DWIs

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...

Beware post-July 1 Virginia DWI trials – The ignition interlock looms ahead

On March 2, 2012, I blogged that Virginia's House of Delegates passed a Senate-passed bill mandating the ignition interlock for all people convicted of drunk driving, whereas beforehand those with first-time DWI convictions for a blood alcohol content under 0.15 did not face such a statutorily mandated...