Virginia arrests for alleged holiday DWI violations likely will be more than usual, says Fairfax DUI lawyer

Virginia arrests for alleged DWI violations tend to be at a higher number than usual during holiday time, from the increased merrymaking combined with enhanced police patrol for possible driving under the influence of alcohol. As a Fairfax DUI lawyer who has enjoyed beer, wine and alcohol many times in the past, I know that responsible drinking can be enjoyable but that such activity is not responsible when a person drives when s/he should not be doing so. Or course, if you have already been charged with this alleged crime, the latter sentence will not help other than to remind you to be careful about in the future getting behind the wheel after drinking. Doing otherwise does not make you a bad person, but instead exposes you to possible prosecution and conviction under the Virginia influenced driving statute, which is Virginia Code § 18.2-266.

Will I be treated any differently if arrested for an alleged Virginia DUI violation during the holidays than otherwise?

The answer to the foregoing question is no, except that the wait time to see the Virginia magistrate (who determines your pretrial release conditions) can increase when the number of arrests is higher than usual, and that if the Virginia magistrate denies you pretrial release during a long holiday weekend, you may find yourself waiting longer than otherwise for court to reopen to have your bail / bond status determined by a judge.

How do I avoid Virginia arrests and convictions for DUI or other alleged crimes?

As a Fairfax DUI lawyer lawyer, I cannot provide a tutorial on how to violate the law and not get caught doing so. I can certainly say that staying away from driving for at least twenty-four hours after consuming beer, wine, alcohol or adversely influencing medication will reduce your risks of Virginia arrests for DWI. I can also tell you that even being in a parked car with the keys in the ignition meets the driving element of the Virginia DWI statute. I can also tell you that asserting your right to remain silent and to declining police searches, and declining field sobriety testing (although the caselaw lets the judge and jury consider that refusal against a Virginia DUI defendant) may increase your chances of obtaining an acquittal.

Am I entitled to consult with a Virginia DUI lawyer before deciding whether to answer police questions on the street or to submit to field sobriety testing or breath / blood testing?

Do not expect police to permit you to consult with a lawyer before you are arrested, and to not expect law enforcement to enable you to talk with an attorney before deciding whether to submit to post-arrest breath or blood testing in your Virginia DUI case and investigation. Certainly, it is ideal to consult with a qualified Virginia DUI lawyer as soon as you can. That lawyer can advise you about your defenses and risks, and how to pursue your best possible results against your Virginia DWI charge.

Fairfax DUI lawyer Jonathan Katz relentlessly pursues your best defense against Virginia DUI and criminal prosecutions. Call 703-383-1100 for your free in-person initial confidential consultation with Jon Katz about your court-pending case.