Annandale DUI Lawyers
- Hadeed, Sexauer & Shekib:
* Did the police read you your rights?
* Did the police stop you legally for drunk driving?
* Did the police administer the breath test properly?
* Were observations of you in the "field" too subjective?
* Is there a reason to suspect the blood test you were given is wrong?
- Brooke, Lawrence:
Everyone makes a mistake. You should not be treated like a criminal just because you made one mistake. If you have been arrested for drunk driving in Virginia, you want to do everything you can to keep your license and minimize the potential consequences.
For anyone charged with a DUI or DWI in Virginia, you must understand that being drunk and being intoxicated are not the same thing. Everyone who drinks knows what it means to be drunk. Being legally intoxicated, on the other hand, now means having a blood alcohol level of .08 or more.
In Virginia, the legal limit for drunk driving used to be .15, then it was lowered to .10, and now it is .08. The limit for intoxication has changed over the years partly due to the fact that it has no relation to medical or physical intoxication. It is a limit that regular people need to be aware of because being charged with a DUI can lead to serious consequences. When your blood alcohol level is .08 you probably won't feel physically intoxicated. You will break the law by accident.
Furthermore, there is a legal presumption that the reading at the jail is the same as it was when you were driving. This presumption is never accurate. After you have a drink your body begins to absorb it and eliminate it. Your real blood alcohol level is moving up or down constantly. This can sometimes be an important issue. If you have been charged with a DUI or DWI, get the facts and make sure you are protected.
Certain aggravating factors and additional punishments include:
* Above .15 but less than .20: mandatory five days in jail
* Above .20: mandatory ten days in jail
* Second Offense in Five Years: mandatory twenty days in jail
* Second Offense in Ten Years: mandatory ten days in jail
* Third Offense in Ten Years: a Felony with mandatory ninety days in jail
* Fourth Offense: mandatory one year in jail
It is possible to avoid these enhanced punishments with a plea bargain under the right circumstances.
- Robert Dearborn:
Disputing a DUI charge in Northern Virginia almost always requires a trial. You will need an experienced DUI lawyer who can examine the facts and find mitigating circumstances especially if this is your first offense and the blood alcohol content was low. In more serious circumstances a high blood alcohol content and/or a second offense you may be able to get a lighter sentence if the court can be made to understand the circumstances. In either case, you need an experienced attorney.
- Brian Geno:
If convicted of DWI, the law provides for one of the following sentences:First offense -Jail for up to but not more than twelve months
and/or a fine of no more than $2500. If the blood alcohol concentration is 0.20 or more, a minimum of 5 days in jail will be imposed and if
the blood alcohol concentration is 0.25 or more, 10 days in jail will be imposed. If the Second offense is committed within less than five
years after the first offense - it is punishable by a fine from $200 to $2500, and confinement in jail from 1 month to one year (of that 30
days, 48 hours cannot be suspended by the Court). If the Second offense is committed within a period of five to ten years of a first
offence- it is punishable by $200 to $2,500 and confinement in jail from one month to one year. If the second offense is committed within
ten years of a first offense with a blood alcohol concentration of .20 to .25 - an additional, mandatory sentence of ten days in jail will be
imposed. If the second offense is committed within ten years of a first offense with a blood alcohol concentration of more than .25 -
an additional, mandatory sentence of twenty days in jail will be imposed. If your DWI is a third offense within a ten year period, it is a
class 6 felony which carries a prison term of one to five years. If your DWI is a Fourth within 10 years the sentence will include a
mandatory, minimum of one year in jail, which cannot be suspended.
- Stephen Sheehy:
A conviction for DWI or Felony DWI can result in high fines, the loss of driving privileges and even time in jail or state prison.
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