Thanksgiving DWI arrests will be a Virginia police focus, says Fairfax DUI lawyer

Thanksgiving DWI arrests are bound to be at a higher rate than such detentions for most other weekends for alleged violations of Virginia’s law against driving under the influence of alcohol or drugs under Virginia Code § 18.2-266. As a Fairfax DUI lawyer, I know that the time away from work that so many people spend for the long holiday weekend — coupled with sports watching and food feasting — fosters a higher level of alcohol consumption in the overall population. Long rides to and from holiday gatherings also may be a factor, when coupled with drinking beer, wine and alcohol. I myself when in college and law school and thereafter would often visit a bar in my hometown after the holiday dinner, knowing I would there see former classmates.

How do I avoid having an enjoyable holiday weekend dampered by a Virginia Thanksgiving DWI arrest?

Thanksgiving DWI arrests increase with the flow of alcohol all around, including the drink you are offered upon arriving at your holiday meal destination, the wine on the table, and so on. Drinking beer, wine and alcohol is fun, at least when in moderation and when not an alcoholic. Virginia police in greater numbers are taking time away from the holiday table and football screen, knowing that sucharrests await their street patrolling. How do you reduce becoming one of their arrest statistics (and you certainly do not want an arrest becoming a conviction)? Avoiding all alcohol is one option, but one that many do not want. Staying away from driving during the twenty-four hour time period after drinking is another approach. Of course I know as a Fairfax DUI lawyer that the cousin of a Virginia DWI arrest is a public intoxication arrest, where the Virginia courts’ caselaw treats even a bar as a public place, and gives “intoxication” the watered down definition (also for Virginia DWI law) of having drunk enough beer, wine or liquor to noticeably affect one’s appearance and/or behavior. Unfortunately, unless you are consuming alcohol in your own home, even your friend’s or acquaintance’s home is a public place for purposes of Virginia drunk in public (DIP) law. Your own home is the safest place to be drinking, so long as that does not breed assaultive or other police-call activities by you or by your guests that then draws you into the mix. I am not here to be a killjoy, but instead to help you make informed decisions about avoiding DWI arrests and other prosecutions.

Should I submit to field sobriety testing (FSTs / SFSTs) in the cold holiday weekend weather?

Beware ever agreeing to do field sobriety tests (FST’s) during Thanksgiving arrests or any other DWI investigations, and beware doing so all the more when being outside means being so cold as to put your focus and coordination all the more at risk. FST’s / SFST’s are voluntary tests. Yes, the Virginia Supreme Court allows refusal to engage in such tests to be considered by the judge and jury, but not to be taken as consciousness of guilt. Your Virginia DUI lawyer can explain away such refusal as not being shown to be anything other than not doing what you are not required to do.

When should I find a Virginia DUI lawyer?

The sooner you obtain a Virginia DWI lawyer the better, whether during Thanksgiving DWI arrests or otherwise. The law enforcement officer (LEO) and assistant commonwealth’s attorney / prosecutor against you are not waiting for you to get a lawyer. Without a lawyer, how are you going to know the deadline for seeking a judicial order to transfer a portion of any blood sample drawn from you at police direction, for a private lab to test the result, to compare to the result from a scientist with the Virginia Department of Forensic Science (DFS)? Without a qualified DUI lawyer, what are you going to do if you receive a letter with your alleged blood alcohol concentration (BAC) results, or with a notice of the police officer’s or prosecutor’s request to chance your court date? What will you do to obtain timely discovery / evidence, and to assert and preserve all your other rights as a Virginia DWI defendant?

How do I find a Virginia DUI lawyer who will pick up the phone during a long weekend of Thanksgiving arrests?

Unless I am on a non-Thanksgiving vacation, a staffmember or I will usually respond promptly to your call, email or text (571-406-7268). Here are ideas for finding the right Virginia DUI lawyer for you whether from Thanksgiving DWI arrests or otherwise. I have successfully defending hundreds of DWI defendants, and have brought hundreds of such cases to trial. For over two hundred cases I have worked with a private forensic science expert witness, widening my understanding of the relevant science all the more for pursuing your best possible results against Virginia DWI prosecutions. I am among the small percentage of DWI defenders in the commonwealth who are a member of the National College of DUI Defense (NCDD) or an equivalent organization. I am also among a small percentage of Virginia DUI defenders who have been trained by one of the nation’s top SFST trainers to police, including my administering SFSTs to people who have been recently consuming alcohol.

Should I let being caught in Thanksgiving DWI arrests ruin my long holiday weekend?

So long as you get released after being among those caught in Thanksgiving DWI arrest, what is done is done. Enjoy the rest of the weekend, then find a great Virginia DUI lawyer with whom you will work closely in pursuing your best defense. Certainly keep your guard up if you have gone against my urging not to get behind the wheel of an automobile within twenty-four hours of drinking alcohol. Plenty of police will be in unmarked cars. You might find yourself caught at a sobriety checkpoint. Keep your guard up.

Fairfax DUI lawyer Jonathan Katz knows the ins and outs of pursuing your best defense against Virginia DWI prosecutions. You will know that for yourself early in your free initial in-person confidential consultation with Jon Katz about your court-pending case. Secure your meeting with Jon at 703-383-1100.