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Richmond DUI Lawyers

  1. Windmueller, Esther: Traffic/DUI: Avoid license suspension and jail time. A DUI can change your life. Other traffic infractions, like driving on a suspended license, can result in loss of license, jail time and hefty fines.
  2. Parcell & Webb: Criminal Law Misdemeanor and Felony cases Assault Breaking and entering Drug offenses Embezzlement Fraud Shoplifting and larceny offenses Sex offenses Underage alcohol possession Free Consultation Traffic Violations and DUI DUI Driving with a suspended license Hit and runReckless driving Restoration of driving privileges Speeding
  3. Luxton, John: Drug offenses including possession; possession with intent to distribute; distribution; conspiracy Traffic offenses including driving under the influence; reckless driving; driving with privileges suspended Assaults including misdemeanor and felony offenses; domestic assaults Homicide Robbery Juvenile offenses Theft including embezzlement; grand and petite larceny Firearm and weapons offenses Expungement of arrest records (case dismissed or nolle prossed) Appeals with the Virginia Court of Appeals and Virginia Supreme Court Restoration of driving privileges Alcohol offenses Misdemeanor offenses
  4. Kokorelis, George: Q: What is the difference between "DWI" and "DUI"? A: "DWI" stands for "driving while impaired" while "DUI" represents "driving under the influence." There is also a third, common term "OWI" or "operating while impaired." All terms represent operating a motor vehicle after consuming enough alcohol to register a specific blood-alcohol level. Virginia sets the level at .08 BAC. Q: Do I have to take a breath test or can I insist on another test? A: All of the portable devices used by police have to be approved by the National Highway Traffic Safety Administration and should he problem-free if maintained and used correctly. In Virginia refusing to take a blood-alcohol test can have serious consequences, including possible suspension of your license and possibly being prosecuted for drunk driving. Q: Do I have to submit to a field sobriety test? A: Field sobriety tests are used by an officer to help determine if, in his or her opinion, you are under the influence of alcohol and should he arrested for drunk driving. The officer may place you through a series of balance (walking an imaginary line or leaning back with eyes closed), coordination (counting on the fingers or touching a finger to your nose while your eyes are closed), or mental (reciting the alphabet or counting backwards) tests. The tests are often viewed as additional evidence which the suspect inevitably "fails." Any person. whether licensed by Virginia or not, who operates a motor vehicle upon a highway, in the Commonwealth shall be deemed thereby, as a condition of such operation to have consented to have samples of his blood. breath, or both blood and breath taken. Q: Can I be stopped for DWl even if the vehicle was not moving? A: In Virginia having the key in the ignition and/or operating the vehicle will satisfy that the intent of driving under the influence of alcohol exists. Q: What is the "open container" law? A: Open container laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of a motor vehicle. Q: What are the penalties for a DUI conviction? A: In Virginia, the penalties for a DUI conviction will vary depending in a large part, on whether this is a first, second, third or subsequent conviction. In Virginia penalties may include some or all of the following: Fines, increasing with subsequent offenses Screening for substance abuse Community service Suspension of driver's license, increasing with each offense Point charges against the defendant's license up through revocation of the license for a predetermined period of time Felony conviction with jail or prison time for a third or subsequent conviction Q: If my driver's license is suspended, how can I get it back? A: "Restricted licenses" are available under many different circumstances. The judge must find that an "essential need" exists, such as school or job commuting. The license is restricted as to routes, area and times.
  5. Duane, Hauck & Gravatt: Criminal Defense
  6. Harris, Anne: Adoption Alimony Child Custody Criminal Divorce Drug Offenses DUI Family Felonies and Misdemeanors Marital Agreements Support Traffic Violations Visitation Rights
  7. Richmond Criminal Law: Your Constitutional Rights! You do not have to talk to the police or anyone else about your case. You do not have to answer any questions or respond to accusations. You are entitled to an attorney before questioning. You are entitled to an attorney during any search of your person or property. You are guaranteed the right to a jury trial. You are entitled to an attorney during any identification procedure. You are entitled to all of your rights as provided by the United States Constitution and the Constitution of Virginia.
  8. Maloney, James: Many people charged with traffic offenses focus on the "traffic" and not the "offense." They fail to give these charges the attention they deserve. The fact is that traffic offenses can be very serious. Driving under the influence, reckless driving, and other all too-common traffic infractions are Class 1 misdemeanors. They have the potential to be regarded by the courts as seriously as assault and battery and carry with them the potential for jail time not to mention the loss of your driver's license. Other seemingly less serious offenses can add up over time and lead to license suspension and costly fines. Traffic offenses are serious and should be treated that way.
  9. Brisendine, Overand, Buster & Bernstein: Have you been arrested for DWI / DUI in Richmond, Virginia? Drunk driving charges are serious, and a conviction may result in a number of serious penalties. It is essential to contact a DUI defense lawyer as soon as possible. When you are arrested for drunk driving, you have the right to remain silent. You do not have to answer questions about how much you have had to drink, where you were going, etc. In fact, by exercising your right to remain silent and your right to an attorney, you can positively affect the outcome of your Richmond DWI case. When building a defense strategy for a client who is facing DWI or DUI charges, a defense attorney will need to review all aspects of the particular case: the initial police stop, field sobriety testing, the arrest and any chemical testing that was conducted. A mistake, constitutional rights infringement or intentional wrongdoing at any point in the Richmond DUI process can give a criminal defense attorney the opening he or she needs to build an effective defense strategy. For example, if a breath test was administered, but it is found that the breath test machine was not calibrated as per regulations, a DWI defense lawyer may be able to use this to have that evidence suppressed from court proceedings. There are a number of other defenses that a skilled lawyer may be able to use.
  10. Allen, Suzan: Traffic Offenses It can happen in an instant and it can happen to anyone. You are driving down the highway, following the flow of traffic and the police officer's radar or laser gun falls on you. It is a helpless feeling because it's your word against that of a police officer's and the officer has the radar gun or the laser gun. It may seem impossible to challenge the citation. I handle most types of traffic tickets, from speeding and reckless driving to failure to use due caution to DUI/DWI. Many of my clients are commercial truckers traveling through Virginia. If you are an out-of-state driver, I may be able to make your appearances for you, so that you will not need to return to Virginia. Other Criminal Defense Matters I also defend men and women on criminal charges involving * Drugs or controlled substances o Possession o Sale and trafficking o Manufacture or cultivation * Assault and/or battery * Theft offenses o Robbery o Burglary o Grand or petty larceny * Probation violations
  11. Rivera, Domingo: reckless driving, driving on a suspended or revoked license, Virginia DUI / DWI
  12. Cosby, Charles: Felony/Misdemeanor DUI The Commonwealth of Virginia takes a tough stance against driving while under the influence of drugs or alcohol. Interchangeably known as DUI or DWI, this offense is most often charged a misdemeanor offense carrying a potential jail sentence and loss of license. DUI convictions, however, build upon each other. If you are convicted of three or more DUIs within a ten-year period, you will be charged with a Class 6 felony. These felonies are punishable by up to five years in prison and possibly thousands of dollars in fines, depending on the unique circumstances of the case. If convictions for multiple offenses occurred within a five-year period, the consequences are even more severe. There are also minimum mandatory periods of incarceration for these certain DUI or DWI offenses depending on the blood alcohol level and prior DUI convictions as well as lengthy periods of the loss of one's privilege to operate a motor vehicle. If you are facing a felony DUI charge for your third offense (or more) or a misdemeanor DUI, you need to mount an aggressive defense. A DUI conviction, whether a misdemeanor or a felony conviction, will cause you to lose your commercial driver's license, and can cause people to lose their jobs in many circumstances. It can cause them to be required to enter into and successfully complete drug and alcohol programs. One may also have a restricted operator's license with strict conditions placed on it but not in all cases. In some instances, there can also be a substantial waiting period to be eligible to obtain a restricted license. The first step in defending yourself is consulting an experienced and zealous criminal defense attorney...
  13. Isaacs, Stephen: General Civil and Criminal Trial Practice
  14. Hutchens & Hutchens: all types of traffic and criminal cases from speeding to defense of capital murder
  15. Kerns, Kastenbaum & Reinhardt: Our firm handles both criminal and traffic cases in all the Courts of the Greater Richmond Area and surrounding counties. We appear in criminal and traffic court on a daily basis and handle all levels of traffic cases from the simple speeding ticket to driving under the influence or habitual offender charges. We handle all types of criminal matters, including misdemeanors and felonies.
  16. Thaxton, Sherri: Virginia is tough on DUI/DWI. The worst-case scenarios we work hard to avoid include: * Jail or prison time * Stiff fines * Administrative license suspension * High insurance rates * Loss of future employment opportunities * Loss of driving privileges * Loss of reputation
  17. Kaufman, Fred: In each Virginia DUI case, there are many steps that occur after the DUI arrest. Below, you will find information regarding the procedures that typically follow a DUI arrest in Virginia. Every jurisdiction is different, however, and the information below regarding procedures and process may differ depending on where you are arrested and the particular charges you face.
  18. Martelino, Jose: Driving under the influence, Driving while intoxicated, Habitual offender, Driving with suspended license, Driving while on the revoked list, Hit & run, Failing to stop, Eluding, disregarding police, Drug possession, possession with intent to distribute, marijuana, cocaine, heroin Assault & battery, Unlawful wounding, Malicious wounding Burglary, breaking & entering, trespass, trespassing Grand larceny, petit larceny, theft, shoplifting, joyriding, Forgery, Credit card fraud, Bad checks Abduction, kidnapping, robbery, carjacking Discharge a firearm from / to occupied dwelling / vehicle Arson, burn personal property, threaten to bomb, Escape, Obstruction of Justice, Giving false information to a law enforcement officer, Firearm, weapon, gun, Concealed weapon, butterfly knife, switchblade, machete, sawed-off shotgun.
  19. Pickus, Scott: * Criminal Law * Fraud * Drug Charges * DUI / DWI * Traffic * Sex Offenses * White-Collar Crimes * Property Crimes * Gun Charges * Federal Criminal Offenses * Civil Litigation * Appeals
  20. Hairfield & Morton: from misdemeanors through complex felony murder and drug cases, including the following matters: * Marijuana / cocaine possession * Drug distribution * DUI / DWI * Larceny / theft / shoplifting * Robbery * Sex offenses * Murder * Rape * White collar crime * Internet crimes * Fraud * Identity theft * Extortion * Assault and battery * Domestic violence * Traffic violations
  21. Blackburn, Conte, Schilling & Click: General civil practice in State and Federal Courts, criminal defense, personal injury, corporate and transactional law, probate, real estate, divorce, custody, visitation, support, and other family law issues, traffic, DUI, and other civil and criminal legal matters.
  22. Coates & Davenport: * Violent crimes such as assault, manslaughter, domestic violence, or vehicular homicide * Drug crimes such as possession or distribution of marijuana, cocaine, heroin, or unauthorized prescription drugs * White-collar crimes involving fraud, obstruction of justice or perjury, money laundering, embezzlement, or false claims for payment * Juvenile and domestic relations offenses * Drunk-driving charges ranging from first-time DUI or implied consent violations to felony DUI resulting from alcohol related accidents * Traffic violations * Liquor-law violations by restaurants, bars or retailers * Parole
  23. Stelly, Anton: All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level, 0.08 percent. License suspension or revocation traditionally follows conviction for alcohol-impaired driving. Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test. Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they've been found to be more effective than traditional post-conviction sanctions. Administrative license suspension laws are in place in 41 states and the District of Columbia. Some offenders in 47 states and the District of Columbia are permitted to drive only if their vehicles have been equipped with ignition interlocks. These devices analyze a driver's breath and disable the ignition if the driver has been drinking. In 32 states, multiple offenders may have to forfeit their vehicles. Laws prohibiting the driver, passengers, or both from possessing an open container of alcohol in the passenger compartment of a vehicle are in place in 43 states and the District of Columbia. # Field Sobriety Tests (FSTs) have been proven to be unreliable indicators of driver impairment, though most people do not know this. Find out what you should know before deciding whether to do them or not. Description: Performing Field Sobriety Tests (FSTs) when you are stopped for suspicion of DUI / DWI may not be in your best interests, and could ruin your chances of getting a favorable outcome in court after you are charged. Richmond, VA, Reckless Driving Attorney, Virginia DUI attorney # The Shocking Unreliability of Field Sobriety Tests to Determine Probable Cause for DUI [PDF] Description: Field Sobriety Tests (FSTs) routinely given to suspected drunk drivers have been proven to be unreliable indicators of impairment. Independent tests by Clemson University professors in 1994 demonstrated that police officers could not determine from the performance of FSTs alone whether a person was "too drunk to drive." # Police Chief of Alexandria Virginia Charged With DUI in Arlington Accident Description: Twenty-plus years of law enforcement service may be ending soon for Alexandria Chief of Police David P. Baker, who has been charged with DUI following an accident that sent one person to the hospital with non-life threatening inuries. News reports have attributed his BAC to have been 0.19, more than twice the legal limit for impairment. # What Happens in Your DUI Trial Description: Richmond Virginia DUI attorney gives a brief explanation of what one can expect when charged with DUI or DWI in Virignia. Areas covered are the arraignment, trial in general district court, appeal to circuit court, motions, jury selection, and trial. # Gallup Poll Reflects Public Attitudes About Drunk Driving [PDF] Description: A survey conducted by the Gallup organization was presented to the National Highway Transportation Safety Administration (NHTSA). It is believed the NHTSA commissioned the survey and therefore the results may be suspect by many as being biased. You decide. # DUI Statutes and Procedures and Your Constitutional Rights [PDF] Description: Consitutional rights of Virginians fly out the window when they are stopped for suspiciion of DUI. California attorney Lawrence Taylor granted me permission to post the transcipt of a speech he gave on this topic. It is very interesting reading for all. # Constitutional RIghts May Take Another Hit If President's Nominee is Confirmed as Head of NHTSA Description: Virginia DUI lawyer and ex-FBI agent Tony Stelly believes drunk driving laws are going to get tougher. MADD CEO Chuck Hurley's nomination to be head of the National Highway Traffic Safety Administration (NHTSA)is likely to result in harsher sentences and a lowered standard for conviction of DUI. As the former head of MADD, Hurley was a proponent of lowering the BAC level for conviction of DUI, and for installation of ignition interlock devices on all cars. An editorial in the Washington Times points out, this is the wrong man for this job. # Field Sobriety Tests Myths Description: In an article published in The Champion, the history of field sobriety tests is discussed, and the results called into question. # DUI--The Standardized Field Sobriety Tests Validation Myth Description: An article in The Champion casts doubt on the validity of field sobriety tests to determine alcohol levels in suspected drunk drivers.
  24. Chucker & Reibach: Charges of drunk driving are often legally vulnerable to a surprising number of defenses.
  25. Bullard, James: Drunk driving laws were enacted almost at the same time as the motor vehicle was invented. Over the years the statutes have been changed and strengthened. In 1982, legislation was passed requiring state drunk driving laws to include provisions for a blood-alcohol level of 0.10 as a per se offense and for license suspensions and minimal sentencing restrictions in order for states to continue to qualify for certain federal funding. Legislation passed in 2000 conditioned the availability of federal highway funds upon the states' adoption of a limit of 0.08. The specifics of drunk driving laws vary by state. Generally, the offense consists of the operation, control, or manipulation of a vehicle, in a place accessible to the public, while under the influence of an intoxicant or while the driver's blood-alcohol level is at or above a certain level, without reference to whether the driver is actually under the influence. The terms "driving" or "operating" are used in the statutes of all states and the District of Columbia. In some states, the act required is only "driving," while in other states, it consists solely of "operating." Many states have statutes that include both "driving" and "operating." The Uniform Vehicle Code, along with a majority of the states, provide for physical control of a vehicle along with driving, operating, or driving or operating, as an alternative act. Most of the vehicles involved in arrests for driving under the influence are automobiles, trucks, and motorcycles. All of the statutes use some variation of the term "vehicle" or "motor vehicle." However, the full scope of what type of vehicle is included varies by state. For example, a Louisiana statute lists "any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance." However, Louisiana courts have interpreted the statute to exclude horses and bicycles. Statutes also vary by state as to where the offense must occur to be convicted. Driving under the influence is always prohibited on public roads. However some states specify precisely the place or places where drunk driving is prohibited. Most states merely proscribe driving while under the influence either within or in the state. Under such statutes, it does not matter whether the offense occurred on public or private property. The statutes in each state contain legal definitions of intoxication, but the requirements for legal intoxication are not the same across the states. The statutes are based on the idea that the defendant consumed a sufficient amount of alcohol to meet the state's legal definition of intoxication. The statutes further focus on the effect alcohol consumption had on the defendant. In order to be convicted, the defendant's blood alcohol content must be at or above a certain limit, usually 0.08, or the prosecution must prove that the defendant was so affected by his or her alcohol consumption that the defendant's physical and mental faculties were impaired. Some states also have statutes proscribing the operation of a vehicle while "impaired." These statutes provide an alternative statute for obtaining a conviction where the defendant does not meet the higher standard of per se intoxication.
  26. Stone & Cardwell & Dinkin: Nearly everyone understands that being convicted of driving under the influence (DUI) of alcohol or drugs can have extremely serious consequences. But did you know that you could serve up to a year in jail for speeding? It's true. DUI and reckless driving can both result in stiff fines and incarceration. That is why it is important to consult with an experienced criminal defense attorney if you have been arrested for either offense. DUI Defense It seems the drunk driving laws become more severe every year. * You can be found guilty even without taking a blood or breath test. The officer's observation of you and your driving is enough to secure a conviction. * You can be incarcerated for a first-time offense if your blood alcohol content (BAC) is over a certain amount. * In the city of Richmond, penalties for conviction of even the most minor DUI offense include a mandatory afternoon in lockup. Driver's License Suspension In all cases, those convicted of DUI will automatically lose their driver's license for 12 months.
  27. Stone, Taylor: Even if you are guilty as charged, there may be a defense to your case. If you are charged with a traffic offense in the Commonwealth of Virginia, I can help you. I represent clients charged with driving under the influence (D.U.I.), reckless driving, improper driving, speeding, hit and run, failure to stop or yield, driving on a suspended license, aggressive driving or any other traffic offense.
  28. Harkins, Mary: it is often a stressful time while you are working your way through the legal system
  29. Hunter & Lipton : If you have been charged with a crime in any of these jurisdictions, you need a criminal defense lawyer who is familiar with each different court system. Each jurisdiction is different and has its own unique set of challenges. YouŐve been arrested. One of three thoughts is probably going through your mind right now: * 1) I canŐt believe I was that stupid * 2) I canŐt believe I got caught * 3) I canŐt believe I was just arrested because I did not commit a crime No matter which particular thought is going through your mind, you are probably scared, particularly if you have never been arrested or been to prison/jail. And depending on the seriousness of the crime for which you have been charged, you may be feeling an overwhelming sense of anxiety. ŇI canŐt believe I was that stupidÓ If you fall under this category, all is not lost. There are things a good lawyer can do to help you in your situation. Several statutes can exist that may help you to keep a criminal conviction off your record. And there are many ways to keep you out of jail even if you are convicted. ŇI canŐt believe I got caughtÓ If you fall under this category, the Commonwealth or Government has the burden of proving beyond a reasonable doubt that you are guilty of the crime for which you have been charged. But just because the police say they caught you does not necessarily mean that they have the evidence to prove it. A good criminal defense lawyer will know the difference. ŇI canŐt believe I was just arrested because I did not commit a crime!Ó Being accused and/or charged with a crime you didnŐt commit is a terrifying situation to find yourself in. It is everyoneŐs worst nightmare to go to prison for a crime they did not commit. Unfortunately, the reality is that innocent people go to prison every day in this country. Our system of criminal justice is not perfect and you need an attorney who believes in you and is willing to fight tooth and nail to see that you are exonerated. What to do First things first: stay quiet Now is not the time to start trying to explain your way out of anything to the police because you have already been charged. If the police thought you were innocent they would not have arrested you in the first place. Nor is it time for you to Ňget your story straightÓ because you donŐt know what evidence the government may have against you, so you donŐt necessarily know what the story is going to be. Next, speak with your lawyer The next thing you do is to get a good lawyer on board. The lawyer will be able to obtain some of the evidence and speak on your behalf. Your lawyer will also know what strategy is best for your particular case.
  30. Riley & Wells: Imagine going to jail or having to blow into an ignition interlock device every time you start your car. How about automobile insurance rate increases and difficulty finding coverage, or even worse, losing your drivers license? What if you lost your vehicle, job, or freedom? These are the harsh realities of a DUI conviction. DUI Penalties The penalties for a Virginia DUI are complicated and severe. This is why it is extremely important to retain the best Virginia DUI Lawyer to help you with your case. A felony DUI conviction carries a maximum 5 year term of incarceration and/or $2,500 fine and a misdemeanor DUI conviction carries a maximum 12 month term of incarceration and/or $2,500 fine. Additionally, your case will involve some mandatory minimum form of penalty as outlined below if convicted. Contact us today for a free initial consultation. Offense Blood Alcohol Level Jail or Prison Sentence Fine Ignition Interlock 46.2-391 License Suspension 46.2-391 Vehicle Forfeiture 1 st Offense 18.2-270(A) .08 or greater (or under the influence of alcohol, drugs or both). Class 1 misdemeanor. $250 mandatory minimum fine. Yes, if BAC is .15 or more. 12 months by court. No 0.15 to 0.20 Additional 5 day mandatory minimum. 0.21 or greater Additional 10 day mandatory minimum 2nd Offense within 5 years 18.2-270(B) .08 or greater (or under the influence of alcohol, drugs or both) 1 month to 1 year in jail. Mandatory minimum 20 days. $500 mandatory minimum fine. 6 months to 3 years. 3 years by DMV No 0.15 to 0.20 Additional mandatory minimum 10 days. 0.21 or greater Additional mandatory minimum 20 days. 2nd Offense within 5-10 years 18.2-270(B) .08 or greater (or under the influence of alcohol, drugs or both) Minimum confinement not less than one month. Mandatory minimum 10 days. $500 mandatory minimum fine. 6 months to 3 years. 3 years by DMV No 0.15 to 0.20 Additional mandatory minimum 10 days. 0.21 or greater Additional mandatory minimum 20 days. 3 or more offenses within 5 years 18.2-270(C) n/a Class 6 felony. Mandatory minimum 6 months. $1000 mandatory minimum fine. 10 years by DMV. Reinstate after 3 to 5 years. Yes 3 or more offenses within 5-10 years n/a Class 6 felony. Mandatory minimum 90 days. $1000 mandatory minimum fine. 10 years by DMV. Reinstate after 3 to 5 years. Yes 4th offense within 10 years Class 6 felony. Mandatory minimum 1 year, plus probation for same term as license suspension not to exceed 3 years. $1000 mandatory minimum fine. 10 years by DMV. Reinstate after 3 to 5 years. Yes Transporting minor while driving under the influence 18.2-270(D) n/a Additional 5 days mandatory minimum. Additional fine $500 to $1000. n/a n/a
  31. Waddell, Gregory: If you are convicted of driving or operating a motor vehicle while under the influence of drugs or alcohol, commonly known as drunk driving, then you may receive jail time in addition to having your license suspended and paying a fine. If this is your first drunk driving conviction, or if you have special needs, you may qualify for a restricted driver's license to drive to and from work or school, and in medical emergencies. If this is your second or third offense, then more serious jail time and penalties may apply. Because you may receive jail time for a drunk driving conviction, you may want to consult with an attorney to review your legal options. Refusing to submit to a breath or blood test is a separate violation and if the court finds you guilty of refusing to submit to the test your Virginia driving privileges can be suspended for one year.
  32. Cook, Shea: What is the "presumption of innocence?" All people accused of a crime are legally presumed to be innocent until they are convicted, either in a trial or as a result of pleading guilty. This presumption means not only that the prosecutor must convince the jury of the defendant's guilt, but also that the defendant need not say or do anything in his own defense. If the prosecutor can't convince the jury that the defendant is guilty, the defendant goes free. The presumption of innocence, coupled with the fact that the prosecutor must prove the defendant's guilt beyond a reasonable doubt, makes it difficult for the government to put people behind bars.
  33. Michael Hollomon: When your freedom is at risk because you've been accused of a crime, or your license to drive a vehicle is in jeopardy, you need a dedicated lawyer who has your best interests in mind and has a record of getting favorable results for his clients.
  34. Charles Homiller: In Virginia, a third offense driving while intoxicated within a 10 year period is punishable as a felony.  In a recent decision, Stewart v. Commonwealth, the Court of Appeals reversed a Winchester Circuit Court's guilty finding on a felony DWI because the Commonwealth failed to prove that the instant offense was actually a third within 10 years.  The Court of Appeals stressed that the timing element of prior convictions must also be proven beyond a reasonable doubt in order for a felony DWI conviction to stand.
  35. Gunlincks Law Office: firm defends residents, visitors, truck drivers, and tourists charged with traffic violations such as speeding, moving violations, DUI, reckless driving, or driving without a license. If you were passing through the Virginia and received a traffic citation, you may feel you have no choice but to pay the fine and accept that your insurance rates will rise astronomically.
  36. Munoz Law Firm: DWI/DUI means "driving while intoxicated" or "driving while under the influence" and refers to the crime of drunk driving. This crime usually includes driving while abusing drugs and the operation of other kinds of motorized vehicles, such as boats. Drunk driving is defined by each state's criminal code.
  37. Carol Breit: When charged with a crime, you shouldnt try to handle it on your own. You need the knowledge and insight that can only be provided by an experienced criminal law attorney.
  38. Sean Murphy:
    1. You CAN lose your license with a DUI conviction, BUT you can ask the court for a restricted license to go to WORK or SCHOOL.
    2. You can get jail time for a first time DUI offense, but the court may suspend that time.
      There is mandatory jail time for multiple DUI offenses, but the court can decide any time over that.
    3. You may be charged a hefty fine, but the court can suspend some of the fee pending good behavior.
    4. You may be required to complete an alcohol education class.
    5. Always show a police officer the utmost respect when stopped for a DUI or traffic offense. The Judge will ask the officer about your behavior!
    6. A DUI is a serious charge that needs to be taken seriously.
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