Virginia holiday DUI arrests call for full defense as always
Virginia holiday DUI investigations and arrests call for the same full court press defense that they always do, says Fairfax DWI lawyer
Virginia holiday DUI arrests often account for more such investigations and arrests than during non-holiday times. As a Fairfax DWI lawyer, I know that police expect more alcohol-infused merrymaking during the winter holidays followed by driving. Seeing that more of such activity happens during new year celebrations than any other time in the winter, I am not too late to inform/remind you that any immoderate drinking can be risky, even if not followed by drinking. Being anywhere but your home or another private home while consuming alcohol and thereafter can risk a public intoxication / drunk in public (DIP) prosecution, and the Virginia judicial definition of intoxicated for a DIP or DUI (at least when there is not a blood alcohol content (BAC) test) is nothing more than having consumed enough alcohol or drugs to noticeably affect one’s appearance or behavior. Driving while impaired by alcohol or even being behind the wheel of a car with the keys in the ignition and in the off position can bring a DUI prosecution. Alcohol can fuel assaults by anyone consuming a lot of beer, wine or liquor, which means we should also be careful about that tendency if it exists in ourselves and if other inebriated people misbehave accordingly.
How do I counteract the police control over a Virginia DUI stop, investigation, and arrest of me?
Any Virginia holiday or other criminal prosecution can get the suspect like a deer caught in the headlights, no matter how innocent or culpable is the suspect. I have addressed here your rights in dealing with the police investigating an alleged DUI offense. I add that the police in a Virginia DUI investigation can throw off the suspect in ways that can strengthen the prosecutor’s case from the very beginning, if you let them. The police are in substantial control from the moment that the cop signals for you to stop. This is all the more reason not to deviate from fully asserting your Fifth Amendment Constitutional right to remain silent with police and your Fourth Amendment right to decline all police searches, on top of asserting your right to decline field sobriety tests (even though the judge and jury are permitted to consider that refusal against the defendant) and to decline the roadside preliminary breath test.
What should I expect when investigated for an alleged Virginia holiday or other DUI prosecution?
The police exert so much control over your Virginia DUI investigation that you should expect police to decline any request by you to contact a lawyer or relative before the time that you finish blowing into the breath testing machine after any arrest (or until after any refusal by you to blow into the machine). This control also includes police declining to let you consult with a lawyer in deciding whether to do the field sobriety tests, to take the roadside preliminary breath test (which is completely distinguished from post-arrest breath testing), whether to speak with the police and to decide what to say with the police, and whether to submit to post-arrest breath testing and blood testing. On top of that, do not be surprised when police decline your request for water before any post-arrest breath testing, and even decline permission to go to the restroom before post-arrest breath testing. If you exercise your rights listed in the above paragraph, you narrow down any of the foregoing matters even being of concern. Do not let Virginia holiday time put a damper on you if arrested. Contact a qualified lawyer to fully defend you in court.
Why is it critical for me to obtain a great lawyer for my Virginia DUI defense?
In Virginia DUI court, you are going up against the might of an experienced prosecutor’s office and police force. How else can you dismantle such power other than with a great DWI/ criminal defense lawyer who has the necessary experience, ability, drive and spirit to bust his or her butt for you? Even if you think your DWI prosecution seems relatively minor, the fallout from a Virginia DUI conviction can bring direct and collateral damage that you never even considered. It is critical at the very least to hedge your best with the right Virginia DUI defense lawyer.
Your choices when a Virginia criminal defendant are to fight, fight and fight, or to roll over and play dead. Choose the first option and call top-rated Fairfax DUI lawyer Jon Katz at 703-383-1100 for a free in-person confidential consultation about your court-pending case.