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Virginia DUI case negotiations will shift with new restricted driving law

Virginia DUI case negotiations will be affected significantly by the July 1, 2020, law change concerning the scope of permitted driving for those convicted of drinking and driving. As a Fairfax criminal lawyer, I know that a DUI conviction means one year of suspended driving...

Refusing pre- and post-arrest breath testing – Fairfax DUI lawyer

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...

Virginia DWI defense law – Defending against a test refusal charge

The Virginia prosecutor has the burden to prove beyond a reasonable doubt that the defendant unreasonably refused to submit to a breath or blood alcohol test; the defendant does not need to prove s/he reasonably refused (although having a good reason to refuse can help...