Virginia DUI Lawyering - The Stakes Can Get High

Virginia DUI lawyering needs to be done right, with full knowledge of the applicable and often complex law and science

Virginia DUI lawyering is not an endeavor for dilettantes. As a Virginia DWI lawyer, I know that substantial law and science needs to be learned for success against prosecutions for alleged drunk driving or driving under the influence of alcohol or drugs. If you are a Virginia DUI defendant being prosecuted under Virginia Code § 18.2-266, you will do yourself a big favor by pointedly asking your potential lawyer about his or her level of experience, knowledge, ability and drive for doing such work. So long as you are diplomatic in asking your questions, beware if the lawyer balks about being asked them. This is your liberty and your defense, and you are entitled to settle for nothing less than an attorney who is first-rate for you.

If the same DWI law applies throughout Virginia, why are the court practices so widely different?

As a Fairfax DUI lawyer, I know that key practices for DWI cases can differ widely from county to county. In Fairfax, for instance, the timely entry of a lawyer on your behalf precludes the need for either of you to appear in court on your arraignment date, whereas with Virginia DUI lawyering in a neighboring county one of you is expected to appear, and a few counties south of here, the defendant is expected to appear even if the defense lawyer also appears. (Of course, your lawyer can request your being excused, for instance, if you live many states away, but the decision on that request lies with the judge.) In Fairfax, either side can obtain a first-time continuance on the trial date, whereas with a county closer to the CapitalSpeaking of varying practices, in Virginia federal court, an entirely separate set of procedures exists. And on one occasion, one of my otherwise favorite judges in that courthouse declined to waive my client's appearance at his initial appearance/trial scheduling hearing, even though my client lived in Florida, many hundreds of miles away, I assume out of the goal of minimizing failures to appear on court dates, and depriving the defendant the chance of claiming ignorance of the trial date in the event of a no show.

Why are the stakes high with Virginia DUI lawyering?

Those handling Virginia DUI lawyering know that a first offense carries up to one year in jail, a fine of up to $2500, and, by statutory mandate, one year of suspended driving (where the defendant may apply for restricted driving), and completion of the Virginia Alcohol Safety Action Program (VASAP). Unfortunately, a Virginia DWI conviction can be problematic for one's military career, can be a hurdle with security clearance efforts, and can start the five-year clock running anew for applying to naturalize as a United States citizen. A conviction for a second DWI committed within five years carries a mandatory minimum of twenty days in jail, and within ten years a mandatory minimum of ten years in prison.

What can be done to counter the high stakes of a Virginia DWI prosecution?

The sooner you obtain a qualified attorney for Virginia DUI lawyering, the sooner your defense team will be able to pursue your best defense. When I represent a Virginia DWI defendant, that is backed up with years of experienced taking hundreds of DWI cases to trial, being one of the small percentage of Virginia DWI defenders who are members of the National College of DUI Defense, and one of the small percentage of DWI defenders who has been trained by one of the nation's trainers to police in conducting standardized (SFSTs or FSTs) on people who have consumed alcohol. I have also worked scores of times with defense forensic toxicologists in challenging blood alcohol analyzes conducted through breath and blood testing of my clients. I give you a full-court press DWI defense.

Fairfax DUI lawyer Jonathan Katz goes beyond mere impressions to find the escape routes and hurdles in your case, in pursuing your best possible defense against such prosecutions. Call 703-383-1100 for your free in-person confidential consultation about your court-pending case.