Brought to you by Colorado DUI Drunk Driving Defense

Leesburg DUI Lawyers

• Rock, Thomas: In Leesburg and across the state, Driving Under the Influence (DUI) has become one of the most widely charged criminal offenses as well as one of the most harshly punished. As a result, it is imperative that persons charged with DUI in Virginia, hire an attorney with the experience, knowledge and ability to successfully defend them in court. PROPER DUI DEFENSE REQUIRES KNOWLEDGE AND EXPERIENCE Due to the nature of DUI cases and the complex legal and scientific principles surrounding them, a person charged with DUI must have an attorney that possesses a strong understanding of both the science and the law that exists at the core of every DUI case. In Leesburg, as well as in other jurisdictions having a skilled lawyer can mean the difference between conviction and aquittal.
• Walker, Burke: Q) What must the Commonwealth prove for conviction of DUI/DWI? (A) DUI charges are brought under Virginia Code Section 18.2-266. The Commonwealth must prove that the defendant, (1) operated a motor vehicle, train, etc., while the defendant's blood alcohol content (BAC) was .08 or greater or, (2) operated a motor vehicle while under the influence of any combination of alcohol or drugs to a point they appeared Òintoxicated.Ó Virginia Code ¤ 4.1-100 defines ÒintoxicatedÓ as a condition in which a person has consumed enough alcoholic beverages or ingested enough drugs to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior. (Q) What are the penalties for a DUI/DWI conviction? (A) First Offense á Jail of up to 12 months. á 12-month loss of license (a restricted is license possible, but never automatic). á Court fines of $250-$2500 plus court costs. á Mandatory civil fines totaling $2,250 for Virginia residents. á If BAC was .15 or greater, a mandatory minimum of 5 days in jail. á If BAC was more than .20, 10 additional days of mandatory jail time. á If BAC was .15 or greater, the installation of an ignition interlock device is required as a condition of obtaining a restricted license. á Required supervised probation and participation in ASAP, as well as attendance at the Victim Impact Panel. Second Offense á Jail of up to 12 months. á Significant mandatory minimum jail time. á Loss of license for 3 years, with a restricted license permitted after 1 year and subject to many other requirements. á Court fines of at least a $500 minimum, and up to $2500 plus court costs. á Mandatory civil fines totaling $3,000 for Virginia residents. á If BAC was .15 or more, additional 10 days of mandatory minimum jail time. á If BAC .20 or more, an additional 20 days of mandatory minimum jail time. á Required supervised probation and participation in ASAP as well as attendance at the Victim Impact Panel. Third Offense á Offense is now a Class 6 Felony. á Prison term of up to 5 years. á Massive mandatory minimum jail term. á Total loss of license á Court fines of up to $2500 plus court costs. á Mandatory civil fines totaling $3,000 for Virginia residents. Fourth Offense á Class 6 Felony. á Prison term of up to 5 years. á Mandatory minimum jail term of 12 months. á Total loss of license. á Massive Court fines plus court costs. á Mandatory civil fines totaling $3,000 for Virginia residents. Offense by Person under Age 21 (BAC of .02-less than .08) á Loss of license for 6 months. á Fines of up to $500 plus court costs. (Q) What can a lawyer do to defend me? (A) At the Law Office of Walker Walls & Lancaster, PLC we will: á Interview you in detail to review your arrest. á Evaluate every aspect of your arrest for every possible defense. á Analyze the constitutional aspects of your stop. á Gather and analyze all relevant legal documents to ensure compliance with the law. á Secure your BAC test results from the forensics laboratory and ensure that the certificate is properly provided as required by law. á Ensure that the proper technical and legal procedures were followed during the administration of the BAC test. á Review and analyze whether the law enforcement officer executed the Field Sobriety Tests properly. á Determine allow possible defenses available to you. á Negotiate on your behalf with the Commonwealth to minimize all the possible penalties which are allowed by law. á Forcefully and meticulously fight for you at trial. (Q) Why is it important to be represented by an attorney? (A) The defenses of a DWI charge are highly technical. A lawyer from our firm will review the stop for search/seizure and probable cause defenses based on the Fourth Amendment. After determining the legality of the traffic stop, we then the field sobriety tests and Blood Alcohol Certificate to ensure that the proper procedures were followed. Finally, a lawyer from our firm always subpoenas and reviews the maintenance records from the Department of Forensic Science to make certain the breath test machine (Intoxilizer 5000) was properly maintained and that the operator was fully authorized to conduct the test. The majority of DUI/DWI cases are likely to lead to a conviction. In those cases, it is in the best interest of the defendant to plea bargain with the prosecutor prior to appearing before the judge. In LoudounCounty it is not possible for an unrepresented defendant to plea bargain because the prosecutor will not speak to them. The terms of the plea bargain deal are almost always more favorable than pleading guilty to the Judge. Additionally, if you are able to point out a legal weakness in the government's case, the plea deal only gets better for the defendant.
• Seck, Michael: Here are the plain facts of a DUI charge in Virginia charge. You should be familiar with these realities, going in: * An individual's blood alcohol level of .08 or more will mean a DUI charge. And reckless driving constitutes a Class 1 misdemeanor in our state. * If you are arrested for drunk driving with a blood alcohol content of .15 to .19, you will receive five days of mandatory jail time, even if your arrest was a first offense. * If you are arrested for drunk driving with a blood alcohol content of higher than .20, you will receive ten days of mandatory jail time. * If you have two DUIs in a five year period, you will serve a mandatory 20 day sentence for the second DUI. If you have three DUIs in a five year period, you will serve a mandatory six months in jail for your third DUI. * A drunk driving conviction in Virginia can also mean sentencing to a driver safety program, stiff fines and some form of suspension or revocation of your driver's license. * A drunk driving conviction may also result in an ignition interlocking device for your vehicle, immobilizing it while you are inebriated. * 21 is the legal drinking age in Virginia. Anyone under that age who purchases or consumes alcohol will be charged with a misdemeanor. * If you are found to have provided alcohol to someone who is underage, you will be charged with a misdemeanor. You could be sentenced to jail, fined and sentenced to community service. * In 2006, almost 30,000 people were convicted of DUI in Virginia.
• Christopher Agresto: When you've been charged with a crime in Virginia, you need to know your rights. The consequences for even common offenses can be severe.
• William Connors: (Q) What must the Commonwealth prove for conviction of DUI/DWI?

  (A) DUI charges are brought pursuant to Va. Code §18.2-266. DUIs are classified as a Class 1 misdemeanor crime. The Commonwealth bears the burden to prove that the defendant (1) operated a vehicle while the defendant’s blood alcohol level (BAL) was .08 or greater or, (2) operated a motor vehicle while impaired by alcohol or drugs.

  (Q) What are the penalties for a DUI/DWI conviction?

  (A) Effective legal representation is essential to protect your rights. Potential and mandatory penalties for a DUI are extensive and increase in severity with respect to repeat offenders, aggravating circumstances, and heightened blood alcohol levels.

  First Offense

  • Jail of up to 12 months authorized.
  • 12 months loss of license—restricted license permitted in certain circumstances.
  • Fine of $250—$2500 plus court costs.
  • If BAL was .15 or greater—mandatory jail of 5 days.
  • If BAL was more than .20—add 10 days of mandatory jail time.

  Second Offense (w/in 5 years of First Offense)

  • Jail term of 1 to 12 months.
  • Mandatory jail term of 20 days. (10 days mandatory jail term if w/in 5-10 years of First Offense)
  • Loss of license for 3 years—restricted license permitted after 1 year and subject to requirements. (4 months if w/in 5-10 years of First Offense)
  • Fine of $500—$2500 plus court costs.
  • If BAL was .15 or more—add 10 days of mandatory jail time.
  • If BAL .20 or more—add 20 days of mandatory jail time.

  Third Offense (w/in 5 years of First/Second Offense)

  • Felony classification.
  • Jail of up to 5 years authorized.
  • Mandatory jail term of 180 days. (90 day mandatory jail term if 5-10 years from prior offense).
  • Loss of license for 5 years—restricted license not permitted.
  • Fine of $1,000—$2500 plus court costs.
  • State may seize vehicle. (w/in 10 years of prior offense)
  • Persons convicted of 3 DUI offenses w/in 5 years refused bail if charged with any subsequent crime.

  Fourth Offense (w/in 10 years)

  • Felony classification.
  • Jail of up to 5 years authorized.
  • Mandatory jail term of 12 months.
  • Loss of license for 3 years—restricted license not permitted.
  • Fine of $1,000—$2500 plus court costs.
  • Vehicle seizure, and forfeiture of same, permitted.

  Offense by Person under Age 21 (BAL of .02—less than .08)

  • Loss of license for 6 months.
  • Fine of up to $500 plus court costs.

  (Q) Other than penalties provided by law, what are the other consequences of a DUI/DWI conviction?

  (A) Beyond limiting criminal exposure, the importance of effective legal representation includes the management of other potential consequences of conviction. In addition to criminal sanctions, a DUI conviction imposes harsh consequences including the following:

  A 2004 study concluded that a DUI conviction costs up to $20,000 over the life of a convicted defendant in the form of increased insurance premiums and other fees. DMV will also assess points to your record (-6) for a DUI conviction. A DUI conviction will result in the suspension or revocation of driving privileges, and mandated participation in an alcohol education program. Many employers will refuse to hire someone who has been convicted of a DUI or will terminate existing employment. And, a conviction of DUI can lead to the loss of a federal government security clearance.

  (Q) What will your office do to defend me?

  (A) At the Law Office of William R.F. Conners, P.C., we will:

  • Engage in an extensive consultation with you to review your arrest.
  • Examine every aspect of your arrest for defects in process.
  • Analyze the constitutional aspects of your stop.
  • Analyze all relevant legal documents to ensure compliance with the law.
  • Secure your breath/blood test results from the Commonwealth’s forensics laboratory and ensure that the test is properly provided as required by law.
  • Ensure that the breath/blood test was properly administered (technically and legally).
  • Secure evidence in the Commonwealth’s possession which is against you.
  • Review and analyze whether the law enforcement officer properly tested you.
  • Determine the defenses available to you.
  • Determine opportunities for dismissal of the charge.
  • Discuss your legal rights and options with you.
  • Prepare your case for trial.
  • Negotiate on your behalf with the Commonwealth to minimize penalties.
  • Aggressively and diligently fight for you at trial. Please note that the aforementioned merely recites some elements of our defense.

  (Q) Why is it important to be represented by an attorney?

  (A) A DUI charge is a serious, criminal matter that can have far reaching effects on many aspects of life, work and family. The Commonwealth has almost unlimited resources which they will use against you. Only an attorney skilled in DUI legal procedure, trial strategy, and DUI, constitutional, and criminal law can level the playing field to fight for and protect your rights. Such an attorney has the knowledge necessary to win a dismissal of the charge or limit your exposure to sanctions. The high stakes nature of a DUI charge demands effective, aggressive, and skilled legal representation.

• Kazem, Kazem, and Robl: Are you facing criminal charges? If the authorities have brought, or are planning to bring, charges against you in any criminal matter, it is in your best interest to contact a local attorney who will zealously defend you.
• Patricia Tichenor: When charged with DUI or DWI, you run the risk of losing your privilege to drive, impacting your ability to earn a living.
• Biberaj & Snow: Most traffic offenses in Virginia are punishable by a fine and/or loss of driving privileges. However certain offenses such as DUI, Driving on Suspended License (DOS), Hit & Run and Reckless Driving can result in a jail sentence. In addition certain violations are felony offenses and are punishable upon conviction by time in prison. A few examples of felony traffic offenses include: DUI 3rd, Hit & Run (of an occupied vehicle), Driving after being Declared a Habitual Offender and Involuntary Manslaughter. In Virginia, the Department of Motor Vehicles will assess demerit points based upon traffic convictions. These demerit points affect your insurance premiums and can impact the status of your driver's license. Unlike Maryland, Virginia Judges have NO authority to change the number of demerit points associated with a violation. Rather, demerit points are assessed administratively by DMV and are based solely on the charge at conviction.
• Frank Salvato: An alibi means that a defendant was at a place at the time of an offense where he or she could not have participated in the offense. Although an alibi defense is not an affirmative defense, it does involve the negation of an element of the prosecution's case against a defendant. The defendant does not have the burden of proving his or her alibi. The prosecution has the burden of proving that the defendant committed the offense. The alibi defense contradicts the allegations of an indictment or an information against the defendant and casts doubt about whether the prosecution has met its burden of proof.
• Anderson & Mulrine : In numerous circumstances, law enforcement officers are not required to obtain arrest warrants prior to placing others under arrest. In general, police may arrest without a warrant if there is a sufficient risk that the individual to be arrested may flee or escape apprehension prior to the granting of an arrest warrant. Arrests may also be permissible without a warrant if there is a risk or likelihood that someone's life is in danger or that evidence will be destroyed. It should also be noted that the law further varies depending on where the individual is arrested, e.g., in public, the individual's home or the home of another.
• Dunlap & Grubb: DUI/DWI in Virginia - What is involved in a DWI/DUI case? - Is there mandatory jail time? - What if I am under 21? - What if I wasn't driving? - Do I have to submit to field sobriety tests? - Do I have to submit to a breath test? And, what is a "resfusal"? - Did they have to tow my car? - Why did they arrest my friends? - Can they search my car? - Why did the cop take my license? - Can I get a restricted license? - What happens to my insurance? - Do I need a lawyer?