Fairfax DUI lawyer

Federal court DUI and misdemeanor defense is different from Virginia state court misdemeanor defense in several ways, including that federal court does not provide the option for a new trial on appeal, unlike the Virginia state system that entitles a defendant to a new trial...

Refusing pre-arrest breath testing in a Virginia DUI investigation is wise when one has consumed any alcohol, as this is a voluntary test and the testing can be even more inaccurate than the already-inaccurate Intox EC/IR II breath testing machine that is used post-arrest for...

Habitual drunkard laws are found in the Virginia Code and in federal immigration law. As a Fairfax DUI lawyer, I am delighted that a deeply divided United States Court of Appeals for the Fourth Circuit this week invalidated Virginia's habitual drunkard law as unconstitutional. Manning,...

Hunches by themselves do not permit police stops of suspects. As a Fairfax DUI lawyer, I know that at minimum, the police officer needs reasonable articulable suspicion to stop a suspect. Moreover, Virginia has not yet recognized a community caretaker basis for police to stop...

Medications about around us, hawked on commercials, sold like candy over the counter, and prescribed at a dizzying pace. As a Fairfax DUI lawyer, I know that the crime of driving under the influence applies both to alcohol and drugs. Many Virginia DUI defendants suggest...

Gamble with slot machines, but not with what your blood alcohol test result might be after consuming alcohol. As a Fairfax DUI lawyer, I know that it takes not much beer, wine, or alcohol / liquor to yield a test result on the Intox EC...

Warrants to obtain blood for alcohol testing from DWI suspects was the default Fourth Amendment rule -- absent the driver's consent -- until June 27, 2019, when the United States Supreme Court decided 5-4 that exigent circumstances exist for a warrantless blood draw whenever a...

Alcohol consumption risks can include a DWI conviction numerous other consequences. As a Fairfax DUI lawyer, I advise my clients on those relevant risks and work to blunt them. Not wanting to be a killjoy, I nonetheless warn of the risks of driving a motor...

Questioning by police is commonplace with investigations for possible DUI, felonies and misdemeanors. As a Fairfax DUI lawyer, I know that absence of Miranda rights is not always a bar to admitting the suspect's statements into evidence. At the same time, such rights do not...

Intox EC/IR II (Intox) testing is the sole breath test machine approved by the Virginia Department of Forensic Science (DFS) in DWI cases. As a Fairfax DUI lawyer, I know how essential it is to aggressively challenge the admissibility, reliability and meaning of such test...