Manassas DUI Lawyers
- Baird, Lisa:
DUI/DWI, Drug Offenses, Assault
and Battery charges, License
Restoration, Record
Expungements, Simple Will
Preparation, and zoning cases
- McCoart Law:
"Involuntary Intoxication" Defense to a DUI Charge
Because driving while intoxicated is a strict liability offense, meaning that it does not require specific intent, the defense of "involuntary intoxication" is often difficult to assert. Involuntary intoxication is a defense to criminal culpability when it is shown that: (1) the accused has exercised no independent judgment or volition in taking the intoxicant; and (2) as a result of his intoxication, the accused did not know that his conduct was wrong or was incapable of conforming his conduct to the requirement of the law he allegedly violated.
- Daugherty Law Firm: Most crimes fall under two main categories: felonies and misdemeanors. Felonies Felonies consist of major crimes that cause bodily harm to someone, or major thefts and fraud. These crimes typically result in prison sentences of more than one year. Felonies incur hefty fines and extended probation periods. Capital punishment for willful and deliberate murder is legal in Virginia. According to the Richmond Journal of Law, 75% of the Virginians surveyed in a Gallup Poll favor the death penalty. Since juries are composed of Commonwealth citizens, you need an experienced attorney at The Daugherty Law Firm to handle your felony charge. Misdemeanors Minor crimes that do not involve large-scale theft or physical harm to another person qualify as misdemeanors. These crimes are not as serious as felonies, but the sentences can result in up to one year of jail, minor fines, and probation. In addition to the judge-ordered sentences, a criminal conviction will mar your job record, may influence your potential earning capacity, and result in a suspension of your driverÕs license. Many traffic violations qualify as misdemeanors. With these serious personal damages looming around a criminal charge, you need the best representation in Virginia.
- Klima, Robert: Virginia DUI Penalties A conviction for a first offense of DUI is punishable as a Class 1 misdemeanor with a mandatory minimum fine of $250. A Class 1 misdemeanor can carry a jail sentence of up to 12 months, although in most cases the jail sentence may be suspended conditioned upon good behavior. There is also a mandatory license suspension for one year, but a restricted license may be issued allowing driving to and from work, to and from the Alcohol Safety Action Program. If the Blood Alcohol Content is .15 or greater, additional penalties can be ordered, including the installation of an ignition interlock system. A conviction for a second offense within five years will receive a mandatory minimum fine of $500 and a jail sentence of not less than one month nor more than one year. Subsequent convictions carry even higher sentences. DonÕt Assume That You Will Receive the Minimum Sentence. If you are not represented by competent counsel, you may receive more than the minimum sentence. It is not the job of the police or the CommonwealthÕs Attorney to look after your interests. Make sure someone does.
- Wilson, Kevin: If you are preparing to meet with a DWI attorney in northern Virginia for the very first time, you might be feeling a bit nervous. After all, you might be concerned about the questions the lawyer will ask and you might worry that the DWI attorney in northern Virginia will judge you. Rest assured, DUI lawyers in northern Virginia are not in the business to pass judgment Š they are in existence to help better your case whenever possible. Nonetheless, they will need to ask several questions that may be personal in nature. Some questions your DWI attorney in northern Virginia might ask includeÉ * What were you doing on the day you were arrested? * How much did you have to drink before you got behind the wheel? * Do you have any mental, physical, or emotional disabilities? * What activities were you engaged in during the day of the arrest? It is essential that you tell your attorney the truth when he or she asks you these questions. Something as simple as taking medication earlier in the day can help to get certain evidence against you dismissed. Remember, DUI lawyers in northern Virginia are driven to work for your best interests and to keep your information confidential. Therefore, you need to trust your attorney and answer all questions as thoroughly and honestly as possible.
- Nourse, Anthoney: If you have been charged with DUI, DWI, Reckless Driving, Driving on Suspended License, or Possession in Virginia, you should speak to a lawyer as soon as possible. Timing can play a critical role in preparing an effective defense to these charges.
- Pignone, Michael: Virginia DUI Penalties First Offense What Happens To First Time Offenders in Virginia? A Virginia DUI is a class 1 misdemeanor. A first time offense is punishable by up to one year in jail and/or up to $2500 in fines. Virginia requires entry into ASAP (Alcohol Safety Action Program) and a one-year revocation of the defendant's drivers license upon conviction for a first time offense. You are presumed to intoxicated if you have a BAC (blood alcohol content) of .08 or above. If you are charged with a Virginia DUI, your driver's license will be suspended for seven days immediately after arrest. This seven day suspension is separate from the one year license revocation you will receive if you are convicted. You may appeal this suspension in the general district court where you were arrested, or by filing a challenge. High BAC: First time offenders convicted of a Virginia DUI with a blood alcohol content (BAC) between .15 and .20 percent will be sentenced to a minimum, mandatory five day incarceration. Those with a .21 percent or higher BAC will be sentenced to a minimum of ten days in jail. Please note, in Virginia a defendant is required to serve half of any jail sentenced imposed on a misdemeanor (ex. a 30 day sentence would require an actual sentence of 15 days.) However, a mandatory minimum sentence, as stated above, require the defendant to serve the entire sentence, thus, 10 days would mean 10 days. Restricted License: If you are convicted of a Virginia DUI first offense, you may be eligible for a restricted license. The defendant must "move" the court for the restricted license, but the court is under no obligation to grant one. If the judge allows a restricted license, the limitations are often: „ Driving to and from VASAP (Alcohol Safety Action Program) „ Driving to and from work „ Driving during work hours with proper agendas „ Driving to and from school „ Driving to and from medical treatment Some judges in northern Virginia do not allow the issuance of a restricted license until 30 days from the conviction date. Implied Consent: If you operate a motor vehicle on Virginia's public roads, you impliedly consent to have a sample of your blood or breath tested for alcohol content upon lawful request. You are required to take the test. If you unreasonable refuse to take the test, your license will be immediately suspended for seven days and it may be suspended for one year, without the possibility of a restricted license, whether or not you are convicted of driving under the influence. If you are convicted of the Virginia DUI, the suspension period for refusing the test will be added to the DUI license suspension period. Driver Under the Age of 21: If you are under age 21 and you drive with a BAC of at least 0.02 percent but less than 0.08 percent, you can be fined up to $500 and have your driver's license suspended for six months. į If your BAC is over .08, your penalties will be the same as a driver over 21. Commercial Vehicle Operators: You will receive a one-year disqualification for driving a commercial motor vehicle with a blood alcohol content (BAC) of 0.04 or higher. The disqualification becomes three years if you were transporting hazardous materials at the time. You will also receive a one year disqualification if you refuse a blood or breath test. Alcohol Safety Action Program: This is a 20 hour program which focuses on substance abuse and driving, substance abuse and health, and self evaluation of potential for substance abuse. You will be placed on probation by the court and given a restricted license and ordered to report to the local ASAP office to sign up for the class. Offenders who fail to meet the requirements of ASAP probation will be returned to court as non-compliant and subject to revocation action by the court. To find an ASAP program near you go to: http://www.vasap.state.va.us/asap/ Vehicle Impoundment: Your vehicle will be immediately impounded for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The court can impound the vehicle for an additional 90 days if you are convicted. Insurance Rates: If you are convicted of a Virginia DUI you will be required to file an SR-22 (high risk insurance). Your insurance rates will rise considerably from any DUI conviction or guilty plea. You may lose your current insurance company and only find insurance with a company that offers less coverage for more money. Accident, Injury or Death from DUI: Virginia DUI convictions that involve accident, injury or death carry considerably greater penalties. For example, a criminally negligent homicide while DUI can lead to 1-10 years in prison, a minimum $5,000 fine, and revocation of driver's license. As you can see, being convicted of a Virginia DUI is very serious, with potentially devastating consequences. This is why you need the help of an experienced and aggressive Virginia DUI attorney.
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Weimer & Boyce:
Consequences of a DUI conviction
The Commonwealth of Virginia takes drunk driving very seriously. For a first offense, you could receive a sentence of up to 12 months in jail, a $2500 fine and 12 months' loss of driving privileges. A second offense involves a mandatory jail sentence and three years suspension of your driving privilege. A third DUI conviction is a felony for which you could receive a sentence of up to five years in prison, and indefinite suspension of your driving privilege. If a person's blood alcohol content (b.a.c.) is above a certain level, there will be a mandatory jail sentence. Even for a first offense, a person can receive:
- Jail time
- Heavy fines
- License suspension or revocation
- High insurance rates
- Parrish Law Firm: DRIVING WHILE INTOXICATED / DWI Manassas, Virginia DWI Laywer / Driving While Intoxicated Attorney in Northern VA Driving in Virginia is a privilege granted by the state; a privilege that can be suspended or revoked for drunk driving (driving while intoxicated - DWI). In Virginia, you are presumed to be intoxicated if your blood alcohol content (BAC) is 0.08 or higher. However, remember that the police must follow certain procedures and that you have rights you can invoke. For instance, you are entitled to consult with an attorney if you are arrested and you are not required to submit to field sobriety tests or to hand-held breathalyzers (you are required to submit to a breathalyzer at the police station). At the Parrish Law Firm we understand that being charged with a Driving While Intoxicated (DWI) violation is a situation where many times a momentary lapse of judgment has presented you with potentially serious consequences. The attorneys of the Parrish Law Firm have extensive knowledge of and experience with DWI cases, which affords us the perspective and understanding required to help you get your life back in order while preserving your right to drive. By vigilantly investigating and challenging the circumstances of your DWI arrest and case, we will help you through every step of the process. Our lawyers will vigorously and aggressively represent you in your Driving While Intoxicated (DWI) case - defending your personal rights and freedom. Virginia DWI Terms BAC: Short for "blood alcohol concentration." BAC refers to the amount of alcohol in your bloodstream and is measured in percentages. BAC can be measured either by breath, blood or urine testing and is often used by law enforcement to determine whether or not a motorist is "legally" drunk. Breathalyzer: A portable machine used by law enforcement to measure the BAC of suspected drunk drivers. Chemical Test: A test of the alcohol or drug concentration in a person's blood. A Breathalyzer, blood analysis, or urinalysis can be used as chemical tests for alcohol. Commercial Vehicle: A vehicle driven for business purposes. In the DUI context, these are the consequences for driving a commercial vehicle while drunk. Felony: A serious crime, such as murder, rape or burglary, for which there is a stricter sentence given than for a misdemeanor. Felonies are usually categorized by degrees. 1st degree felonies are the most serious class (with the highest fines and penalties), 2nd degree felonies are less serious, and so on. Implied Consent Laws: Virginia has implied consent laws. If you have a driver's license, you have consented to being pulled over by a police officer to have your blood alcohol concentration measured. You may refuse to take the test, but fines and license suspensions can be the result. License Revocation: A license revocation means your driving privileges have been cancelled. You will likely need to reapply for a license after a designated length of time. License Suspension: A license suspension means you may not drive for the period of your suspension. If your license is suspended, the suspension will likely take effect immediately upon arrest, and not upon conviction. Misdemeanor: A crime less serious than a felony. Misdemeanors are sometimes categorized by degrees. 1st degree misdemeanors are the most serious, and so on. Probation: When all or part of the required jail time is suspended in exchange for good behavior, as determined by checking in with a probation officer. Jail time may be reinstated if it is found the terms of probation are being violated.
- Gregory Van Doren: There are few experiences more frightening than facing a criminal charge. If the state is trying to convict you of a misdemeanor or a felony, you need experienced representation. Regardless of the crime you are charged with, a conviction can have devastating consequences, such as large fines, and jail or prison time.
- Barry Zweig: The Fourth Amendment generally protects the right of people to be free from "unreasonable searches and seizures." In order for a search or seizure to be reasonable under the Fourth Amendment, it must usually be based on individualized suspicion of wrongdoing. In 1979, the U.S. Supreme Court held in Delaware v. Prouse that randomly stopping an automobile to apprehend unlicensed drivers and unsafe vehicles constitutes an unreasonable seizure under the Fourth Amendment, where the officer does not have reasonable suspicion that a motorist has violated the law. The Court reasoned that the State's interest in ensuring roadway safety does not justify discretionary spot checks that intrude on the privacy of motorists. However, the Court has since made a limited exception for DUI sobriety checkpoints, holding that officers may perform random spot checks to catch drunk drivers with no requirement of individualized suspicion.
- Gregory Stambaugh: Before juries begin the deliberation process, courts provide instructions regarding applicable law or procedure. In criminal trials, courts generally instruct jurors regarding the phrase "beyond a reasonable doubt." This instruction is given primarily because the Constitution has been interpreted to require that each element of a crime be proven "beyond a reasonable doubt." Although this phrase is well known and used in courts across the nation, many courts have adopted accompanying language that varies the overall meaning. Such modifications are considered proper so long as the constitutional protections afforded criminal defendants are satisfied.
- Anthoney Nourse: Often, a serious legal problem can force you to put the things you want to do on hold. Legal problems such as ... a criminal charge ... can alter your life, sometimes for the worse. Having a knowledgeable and experienced attorney working for you can be the difference between being overcome by legal problems, and overcoming legal problems.
- Stephens, Boatwright, Cooper, Coleman & Newton An aggressive defense is necessary in these cases to prevent a myriad of adverse consequences to clients: (1) higher insurance premiums; (2) lengthy license suspension; (3) heavy fines and costs; (4) prison time; and (5) any adverse effects on government security clearances.
- Carol Hill: Virginia's DWI statute is what is called a "per se" statute. That means that if your blood alcohol content is above the statutory maximum (.08), you can be convicted of a DWI without a requirement of any further evidence of impairment or intoxication. If other evidence of impairment is found, a person CAN be convicted of DWI even if their BAC is below .08.
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