Alexandria DUI Lawyers
- Amolsch, Christopher:
Driving While Intoxicated or Under the Influence
Virginia state law has a no-tolerance policy regarding alcohol-related driving offenses for good reason. Though alcohol-related injuries have decreased by 9% in the last five years, the rate of fatalities has increased by 5%. In 2007 alone, there were 11,215 alcohol-related crashes in Virginia, resulting in 368 deaths.* 46,380 Virginians suffered injuries as a result of alcohol-related accidents between 2002-2007.*
Driving while intoxicated has harsh repercussions under Virginia state law. When arrested for having a BAC (blood alcohol concentration) of .08% or higher, Virginia drivers are eligible for:
* Mandatory jail time
* Fines of at least $250
* Suspension or revocation of driving privileges
* An order for a vehicle ignition interlock device
* Alcohol abuse assessment and treatment
* Alcohol education classes
* Community service
* Probation
* Criminal record
* Increased insurance rates
* Job loss
* Loss of a professional license or the ability to obtain one
* Vehicle impoundment
* Restitution
- Stover, Wayne:
When you face DUI or criminal charges, do you want to be a statistic, or do you want your case handled by an experienced attorney, who has built his career recognizing and understanding the strengths and weaknesses of a case from both sides of the courtroom.
- Carter & Kramer:
Driving While Intoxicated (D.W.I.) and Driving Under The Influence (D.U.I) are the same offences in Virginia. Other states have multiple offences but not Virginia. We have one statute and the familiar terms D.W.I. / D.U.I are used interchangeably.
This area of law is very complicated. Different judges in Northern Virginia, even Judges in the same courthouse can't always agree on what the law permits and prohibits. Every case is different and there is rarely any certainty as to the eventual outcome of a particular case.
- Matthew Wartel:
Generally speaking legal issues are to be determined by the trial court
and factual issues are to be determined by a jury or judge if no jury
is present.
- Brian Moran:
A defendant in a criminal prosecution has the right to an impartial
jury under the Sixth Amendment to the United States Constitution. In
order to determine whether potential jurors are impartial, the
defendant has a right to question the jurors about their qualifications
and background. Such questioning of the jurors is called voir dire.
Voir dire is also conducted in order to determine whether the jurors
should be accepted or should be challenged by the prosecution or by the
defense.
- Frank Salvato:
If a driver's BAC is at or above a set limit in a state, he will be
deemed "per se intoxicated" and no additional proof of impairment is
needed to convict him of DUI. "Per se" BAC levels range from .08% in
most states to .10% in others. However, a driver can still be arrested
and convicted for DUI without a determination of "per se intoxication,"
if the driver shows other evidence of impaired driving. The National
Highway Traffic Safety Administration (NHTSA) has published 20 signs to
assist officers in detecting drunk drivers, including wide turning
radius, weaving, speed more than 10 miles below the legal limit,
following too closely and braking erratically.
Enhanced Sentencing for OUI/OWI Offenses
The penalties imposed by states for operating while intoxicated (OWI) and operating under the influence (OUI) follow the same general pattern of penalties imposed by states enforcing laws for driving under the influence (DUI) and/or driving while intoxicated (DWI). Frequently, the sentencing provisions of the OWI/OUI laws impose greater penalties upon offenders who had prior OWI/OUI convictions, a prior related loss of license, or a "high" blood alcohol concentration (BAC). States vary in terms of the high-BAC threshold (which ranges from .15 to .20 percent), and the types, severity, and complexity of sanctions.
The types of sanctions for prior offenders, ages 21 years and older, generally include the following:
1. Longer or more intensive education and/or treatment;
2. Limitations on deferred judgment provisions;
3. Limitations on plea reductions;
4. Enhanced driver sanctions including jail, driver license sanctions, jail or jail/community service, and jail or jail/electronic home monitoring, fine, and license sanctions;
5. Vehicle sanctions, including ignition interlock devices and administrative plate impoundment or vehicle registration revocation ;
6. Court consideration of high BAC or prior offenses as an aggravating or special factor or requirement;
7. "Hold for court" provision that restricts release from jail upon arrest; and
8. Felony offense for any combination of three alcohol-related driving convictions.
With respect to "first offenders," the enhanced sanctions for a "high"BAC generally include a mandatory minimum jail sentence, compared to no mandatory minimum sentence for other first offenders, a doubling of the license revocation sanctions, a pre-conviction administrative license plate impoundment, stiffer fines, and other enhanced penalties.
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