Many people who have been cited for reckless driving or arrested for drunk driving in Virginia have common questions, and our Manassas DUI defense lawyers developed this section on our website to educate, inform and help you through this difficult time. When you are facing a challenging case, look for your answers here. If you cannot locate the answer to your specific question, please give us a call, and our qualified Northern Virginia criminal defense attorneys will answer your legal questions.

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  • Can I get my DUI charges reduced to reckless driving?

    Police Cruiser Pulling Over a DUI SuspectYou face harsh punishments and long-term consequences in your life if you are convicted of DUI in Virginia. Even if it is a first offense, you must do everything possible to fight the charges you face.

    One better option if you cannot get the charges dismissed may be to get the charges reduced to reckless driving. However, you would need the help of an experienced DUI attorney to achieve this result.

    How to Get Your DUI Charges Reduced to Reckless Driving in Virginia

    There is no provision in the DUI laws in our state for reducing DUI charges to reckless driving. However, your lawyer may be able to convince the prosecutor to reduce the charges to reckless driving through a plea bargain.

    You need strong defenses to the charges you face for the prosecutor to agree to reduce the charges against you. In addition, having these circumstances would make it easier to obtain this plea agreement:

    • No criminal history. If you have never been convicted of a crime, it is more likely that the prosecutor would reduce the charges.
    • Lower BAC. You can be charged with DUI if your blood alcohol content (BAC) is 0.08 percent or higher or if you are driving under the influence of alcohol. Having a BAC of 0.08 percent or less increases the chances of getting the DUI charges reduced to reckless driving.
    • Driving record. If your driving record is otherwise clean, this will help you reach a favorable plea bargain in your case.
    • Cooperation with the police. If you cooperated with the police and were respectful during your arrest, this would be a factor in your favor when requesting a plea agreement with the prosecutor.
    • No accident. You are much less likely to get the charges against you reduced if you caused a collision when you were arrested for DUI. This is especially true if the accident caused victims to suffer injuries or property damages.

    Benefits of Having DUI Charges Reduced to Reckless Driving

    Both reckless driving and DUI are Class 1 misdemeanor offenses in Virginia. However, there are many benefits to being sentenced to reckless driving rather than DUI. They include the following:

    • Less severe sentence
    • Shorter driver’s license suspension
    • No requirement to install an ignition interlock device on your vehicle
    • Not as high increases in your auto insurance premiums
    • No enhanced punishments if you are charged with a second DUI

    Have you been charged with DUI in Virginia? Order our free book, The Virginia DUI/DWI Survival Guide, to learn about possible defenses and what to expect in your criminal case. Then call our Manassas office at 888-DUI-LWYR or fill out our convenient online form to schedule your free initial consultation today with our knowledgeable DUI attorneys.

  • Will I lose my commercial license after a DUI?

    Commercial Truck Driver Holding Steering WheelIf you are convicted of DUI and are a commercial driver in Virginia, you face more harsh long-term consequences than other drivers. Your conviction could disqualify you from having a commercial license for an extended period, which can jeopardize your job. However, an experienced DUI attorney can help you fight the charges and minimize the punishments and other ramifications you face.

    DUI Charges and Punishments for Commercial Drivers

    In Virginia, commercial drivers are held to higher standards than other motorists. They can be charged with DUI in these situations:

    • Driving with a blood alcohol content (BAC) of 0.04 percent or higher
    • Driving while impaired by alcohol or a controlled substance, no matter what their BAC is

    If a commercial driver is charged with DUI for driving with a BAC of 0.04 or higher, they would be charged with a Class 3 misdemeanor. However, if their BAC were 0.08 percent or higher, they would be charged with a Class 1 misdemeanor like other drivers. They could face these punishments for a first offense:

    • Class 3 misdemeanor. Fine of up to $500
    • Class 1 misdemeanor. Up to one year in jail and a fine of up to $2,500

    How a DUI Conviction Affects a Commercial License in Virginia

    If a commercial driver is convicted of DUI, their commercial driver’s license (CDL) would most likely be suspended administratively by the Virginia Department of Motor Vehicles (DMV). They could also face a suspension of their license if they refuse a blood or breath test under Virginia’s Implied Consent Law. They would be disqualified from a CDL for these time periods:

    • One-year CDL disqualification for a first-offense DUI
    • One-year CDL disqualification for the first refusal of a blood or breath test
    • Three-year CDL disqualification for a first-offense DUI or first refusal of a blood or breath test if the driver was transporting hazardous materials
    • Lifetime disqualification for a subsequent DUI or refusal of a blood or breath test

    While other drivers convicted of DUI may be eligible for a restricted driver’s license, there is no restricted CDL.

    Were you charged with DUI as a commercial driver? At The Wilson Law Firm, we understand what is at stake for you and will mount an aggressive defense strategy so that you achieve the best possible outcome in your criminal case. We invite you to order our free book, The Virginia DUI/DWI Survival Guide. Then call our Manassas office at 888-DUI-LWYR or fill out our convenient online form to schedule your free initial consultation today.

     

  • Do I have to tell my employer about my DUI?

    DUI Law BinderYou could face harsh punishments if you are convicted of DUI in Virginia. One worry you may have if you are arrested or convicted of DUI is whether you must disclose your DUI to your employer. Here is what you need to know about when you have to inform your employer about your DUI.

    When Are You Required to Tell an Employer About a DUI?

    You would not be required to disclose a DUI to your boss in many situations. However, exceptions of when you would need to inform an employer include:

    • Contract or employer policy. You could be required to report your DUI if you have a contract with your employer that states this. In addition, you would need to tell them if they have a stated policy, such as in an employee handbook, that requires workers to disclose a DUI.
    • Job application. If you are applying for a job, you may need to disclose a DUI on the job application and should answer these questions honestly. However, you need to read the questions carefully because they may be asking about convictions or felony convictions and not arrests.
    • Commercial license. If you must drive for work or have a commercial license, you are required to disclose your DUI. Postal workers, commercial truck drivers, air traffic controllers, and bus drivers would fall into this category. You may also have to disclose a DUI arrest or conviction if you drive a company car.
    • Professional license. If you are a doctor, lawyer, pharmacist, or nurse, or hold another professional license, you may be required to report a DUI to the licensing board. You will need to review your licensing requirements to see if you are obligated to disclose a DUI.
    • Security clearance. Depending on your level of security clearance, you may be required to report a DUI to your employer.

    Were you arrested for DUI? Do you have questions about whether you must inform your employer of your DUI? Our experienced DUI attorneys are here to answer your questions and explain how we will aggressively defend you to fight the DUI charges you face. Order our free book, The Virginia DUI/DWI Survival Guide, call our Manassas office at 888-DUI-LWYR, or fill out our convenient online form to schedule your free initial consultation today.

     

  • How long will a DUI stay on my record?

    dui driver breathalyzer

    If you’re convicted of a first-time DUI in Virginia, you could be sentenced to up to 12 months in jail and a fine of up to $2,500. In addition, your DUI will be placed on two records: your criminal record and your Department of Motor Vehicles (DMV) record.

    How Long Does a DUI Conviction Stay on a Criminal Record?

    Your criminal record is a record of your criminal history and includes arrests, convictions, and other criminal court decisions affecting you. This record is public and may be searched by potential employers, landlords, school administrators, and any other interested parties.

    A DUI is a Class 1 misdemeanor in Virginia, and in the majority of cases, it will stay on your criminal record permanently. There are limited exceptions when a DUI can be expunged from your criminal record, including:

    • The charges against you are dropped.
    • Your DUI criminal case is dismissed.
    • You are found not guilty of DUI at a trial.

    How Long Does a DUI Stay on a DMV Record?

    A DUI will place six demerit points on your driving record with the DMV. If you accumulate too many points in a relatively short time period, your driver’s license could be suspended or revoked. These demerit points will remain on your driving record for two years.

    However, your DUI conviction will remain on your driving record for 11 years. Even after completing your sentence, you could still be forced to pay significantly higher insurance premiums for several years. Only an aggressive defense strategy that results in the charges being dismissed or reduced to a less severe offense can prevent the complications of a DUI conviction.

    Have you been charged with DUI in Virginia? Our experienced DUI attorneys can help. Order our free book, The Virginia DUI/DWI Survival Guide, to learn how to protect your rights. Then call our Manassas office at 888-DUI-LWYR or contact us online to schedule your free consultation to find out how we can defend you.

     

  • Will a DUI affect my security clearance?

    Security Clearance StampYou face harsh punishments if you are convicted of DUI in Virginia. In addition, you would have a permanent criminal record that could have long-term consequences in your life. If you have a security clearance or will need to apply for one in the future, you need to understand how a DUI can affect your ability to obtain one.

    What Is a Security Clearance?

    A security clearance allows individuals to access classified information as part of their job. Military personnel, government employees, and contractors with a contract with the government may need a security clearance to perform their job duties.

    There are three levels of security clearances. A confidential clearance is the lowest level of security clearance. The next level would be a secret clearance. The highest level of security clearance would be a top-secret clearance, which would allow the individual to access the most sensitive classified information.

    Applying for and Renewing a Security Clearance

    An individual must fill out an application for a security clearance. The next step in the process would be to complete a background check. Once this is done, the application would be reviewed and approved or rejected. This process can take up to six months. Security clearances must also be renewed. There is a different time period for each level of security:

    • Top secret: every five years
    • Secret clearance: every 10 years
    • Confidential clearance: every 15 years

    How a DUI Affects an Application for a Security Clearance

    A DUI arrest or conviction will not automatically result in a person being denied a security clearance, but it will be considered in the application review process. Requirements for getting security clearance approval include the individual not being addicted to drugs or having a felony conviction. If the conviction was for a felony DUI or the individual had an alcohol abuse problem, this could impact their ability to get their application approved.

    How a DUI Affects Renewal of a Security Clearance

    As with an application for a security clearance, a DUI arrest or conviction would not automatically result in a security clearance not being renewed. As part of the review process, the governmental agency would consider a number of factors, such as the person’s background, other criminal arrests and convictions, time period since the last DUI conviction, and other mitigating factors.

    The individual would have an opportunity to defend themselves ad present their position during the review process. In addition, they could file an appeal if their security clearance was not renewed.

    Have you been charged with DUI? Are you worried about how it could affect your security clearance? You need the assistance of an experienced DUI lawyer to mount a strong defense for you so that you achieve the best outcome in your criminal case. To find out how we can assist you, contact our Manassas office to schedule your free consultation today.

     

  • What happens if there is a child in my vehicle when I’m arrested for DUI?

    Being charged with drunk driving is a serious matter, and you face harsh punishments if you are convicted of DUI in Virginia. The penalties can be even worse if you are caught driving with a minor in your motor vehicle when you are intoxicated. You may be facing a mandatory criminal sentence.

    Child Endangerment Penalties for Drunk Driving With a Minor in Your Car

    It is considered child endangerment to drive while intoxicated with a minor in your vehicle. A minor child is defined as anyone who is 17 years old or Young Child Sitting in the Backseat of a Caryounger. It does not matter what the relationship of the drunk driver is to the passenger who is a minor in terms of whether they would be charged with this crime.

    It is important to keep in mind that a drunk driver who has a minor child as a passenger could be charged with both DUI and child endangerment—facing penalties for both crimes if convicted. Under Virginia Code §18.2-270(D), the mandatory penalties for child endangerment include:

    • Minimum fine of $500 and a maximum fine of $1,000
    • Mandatory minimum jail sentence of five days

    If this is a second or subsequent offense, the jail sentence may be longer, and the individual could be ordered to complete 80 hours of community service in addition to other penalties.

    In Virginia, mandatory jail or prison sentences are cumulative and are required to be served consecutively.

    Felony Charges for Child Endangerment

    While drunk drivers will face enhanced DUI penalties in many cases, they could be charged with felony child abuse in certain circumstances. A parent, guardian, or other responsible person could be charged with a Class 6 felony if their acts or omissions were so gross, wanton, and culpable to show a reckless disregard for human life. If they are charged with DUI, they could be charged with this felony if they are also driving recklessly, speeding, or driving without having the child properly restrained in a safety restraint.

    The charges could be even more serious if the child were seriously injured in a drunk driving accident. The offense would be a Class 4 felony. Serious injuries could include disfigurement, fractures, burns, maiming, or life-threatening internal injuries. The penalties if convicted could include a prison sentence, hefty fines, and more.

    Were you charged with DUI or child endangerment in addition to drunk driving? Fortunately, you may have strong defenses that could result in the charges being dismissed or reduced to a less serious offense. To find out how our experienced DUI lawyers will mount an aggressive defense strategy for you, call our Manassas office or fill out our convenient contact form to schedule your free initial consultation today. You can also download our free The Virginia DUI/DWI Arrest Survival Guide to learn more about what you should do to defend yourself.

     

  • What happens if I violate the VASAP Rules?

    If you are convicted of or plead guilty to DUI in Virginia, you could face stiff punishments, such as a jail sentence, large fines, probation, and suspension of your driver’s license. You would also be required to complete the Virginia Alcohol Safety Action Program (VASAP). If you do not follow the requirements of the program, you could face additional harsh penalties.

    What Is the VASAP?

    You will be required to successfully complete the VASAP even if this is your first DUI offense. It is an educational and probation program. You would need VASAP Class and Instructorto complete an educational course of at least 20 hours on the dangers of drinking and driving and how to be a safe driver. You could also be required to undergo drug and alcohol testing.

    After completing the classes, you may have to remain on probation and be monitored through the program. A probation officer or case manager in the program could check on you to ensure that you are complying with any requirements not to consume alcohol and to maintain an interlock ignition device on your vehicle if you are granted a restricted license.

    Consequences You Face If You Violate the VASAP

    You could face additional harsh punishments if you violate the VASAP requirements. Common ways people break the rules include:

    • Failing to attend the initial intake meeting
    • Being charged with committing another crime
    • Missing classes without first getting your attendance excused
    • Failing a drug or alcohol test
    • Tampering with your interlock ignition device

    If you are caught violating these or other VASAP rules, your case manager or probation officer would notify the court of your violation, and a show cause hearing would be scheduled. You would need to attend this hearing and explain to the judge why you did not follow the rules. The judge could impose these penalties:

    • Reinstatement of a jail sentence that may have been suspended contingent on you meeting certain requirements, such as completion of VASAP, set by the judge
    • Payment of fines that were suspended
    • Loss of the right to have your driver’s license reinstated by the Department of Motor Vehicles

    Were you arrested for DUI in Virginia? Has a show cause hearing been scheduled because of alleged violations of VASAP rules? Our experienced DUI lawyers are here to explain your options and raise defenses to any charges you face so that you achieve the best possible outcome given your situation. To find out more about how we can assist you, start a live chat or fill out our online form to schedule a free consultation today.

     

  • Can I be arrested for DUI if there is an open container of alcohol in my car?

    Open Alcohol Bottle in a Driver's CarUnfortunately, you can be charged with DUI or a violation of Virginia’s open container law if you are stopped by the police, and they find an open container of alcohol in your vehicle. You could face these consequences even if you have a passenger in your vehicle and it is their container.

    What Is Virginia’s Open Container Law?

    In Virginia, it is illegal for a driver to consume alcohol and drive. However, passengers are not prohibited from having an open container of alcohol in a vehicle and would not be charged with a crime for doing this. The same is not true for the driver—even if they consumed no alcohol and the container was not theirs.

    Under Virginia Code §18.2-323.1, there is a rebuttable presumption that the motorist consumed alcohol if an open container is found in their vehicle. An open container is defined under the law as any vessel containing alcohol unless it has the original factory seal from the manufacturer. These conditions must be met for the open container law to apply:

    • An open container is found in the passenger area.
    • Some of the alcohol in the container has been removed.
    • The conduct, appearance, odor of alcohol, speech, or other physical characteristics of the driver reasonably suggests that they were associated with alcohol.

    The passenger area of a vehicle is broadly defined under the statute and includes:

    • The area where the driver sits.
    • Any area within reach of the motorist, including the closed glove compartment.
    • The area in the vehicle designed to seat passengers.

    It does not include the trunk or the area behind the last upright seat for passengers in a passenger van, station wagon, hatchback, or SUV.

    What Are the Penalties for Violation of the Open Container Law?

    It is a Class 4 misdemeanor offense to violate Virginia’s open container law. If you are convicted, the penalty would be a $250 fine. In addition, you could face a separate DUI charge.

    Even if you are not arrested for DUI, you should not treat this offense like a simple traffic infraction and just pay the fine. You would be pleading guilty to a crime and would have a permanent criminal record that could affect your ability to obtain a job, housing, and education.

    Were you arrested for DUI or violating the open container law? Our experienced DUI attorneys understand the serious ramifications a conviction can have on your life and are here to mount an aggressive defense strategy so that you achieve the best possible outcome. To find out how we can help you, call our Manassas office or start a live chat to schedule your free consultation today.


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  • Will I be convicted of DUI if I refuse to take a breathalyzer test?

    Hand-Held BreathalyzerIf you are stopped for DUI and refuse to take a breathalyzer test, you will not automatically be found guilty of DUI in Virginia. However, the police could still arrest you for DUI when there is other evidence you were driving while intoxicated. In addition, you may face harsh penalties for not agreeing to take a breath or blood test.

    Virginia’s Implied Consent Law

    When you are pulled over for DUI, the officer would ask you to take a breathalyzer test, which is done by having you blow into a small hand-held device to measure your blood alcohol content (BAC). You would also be asked to take another breathalyzer or blood test at the police station.

    Under Virginia Code § 18.2-268.2, which is referred to as Virginia’s Implied Consent Law, you impliedly consent to take a breathalyzer or blood test or both after being arrested for DUI. It is important to keep in mind that this law applies after you are arrested. You are not required to agree to take this test when you are initially stopped for DUI and the officer is trying to determine if you were driving while intoxicated.

    Penalties for Refusing to Take a Breathalyzer Test

    A first violation of Virginia’s Implied Consent Law is a civil offense under Virginia Code § 18.2-268.3, but a subsequent refusal could result in additional criminal charges. You face these penalties if you refuse to take a breathalyzer test:

    • First offense. Your driver’s license would be suspended for one year. This is in addition to any suspension of your license if you are convicted of DUI.
    • Subsequent offense. If you violated Virginia’s implied consent law or were convicted of DUI within the last 10 years, you could be charged with a misdemeanor offense. You could be sentenced to up to one year in jail and a fine of up to $2,500. In addition, your driver’s license would be suspended for three years.

    Let Us Help Protect Your Rights

    Have you been arrested for DUI in Virginia? Did you refuse to take a breathalyzer test? Our experienced DUI attorneys have decades of experiencing mounting strong defenses for our clients facing these charges. To learn how we can assist you, start a live chat to schedule your free consultation today.

     

  • Do I need a Maryland DUI attorney if this is my first offense?

    DUI Lawyer Shaking Hands With a New ClientIf you have been arrested for DUI or DWI in Maryland and it is your first offense, you should not make the mistake of trying to represent yourself at your court hearings. Even if you have never been charged with a crime before, you face harsh penalties and long-term consequences if you are convicted.

    What Are the Penalties for DUI and DWI Convictions in Maryland?

    In Maryland, drivers arrested for DUI and DWI face both criminal and administrative penalties. You could be sentenced as follows for a first offense:

    • DWI. For a first offense, you could be sentenced to up to 60 days in jail and up to $500 in fines. In addition, eight points would be added to your driving record, and your driver’s license would be suspended for six months.
    • DUI. The punishment for a first offense DUI can be a jail sentence of up to one year and a fine not to exceed $1,000. You would also have 12 points added to your driving record, and your driver’s license would be suspended for 12 months.

    A DUI or DWI conviction would also come with other consequences that would affect your life long after you complete your sentence. You would have a permanent criminal record that can affect your ability to obtain employment, educational opportunities, security clearance, and more. Your auto insurance cost could also increase dramatically.

    How Hiring a DUI Attorney Can Help

    You may be able to avoid some of these harsh penalties if you hire an experienced DUI lawyer. Here are some of the benefits of being represented by an attorney:

    • Raise your defenses. Even if you believe you are guilty, you may have strong defenses that can result in the charges against you being dismissed or reduced to a less serious offense. A skilled lawyer who handles many of these cases will be able to identify your defenses and aggressively fight for the best outcome.
    • Enter into a plea agreement. Depending on the circumstances surrounding your arrest, an attorney may be able to negotiate a favorable plea agreement with the prosecutor so that the charges are reduced to a less serious offense.
    • Avoid the loss of your license. Your lawyer may be able to help you avoid the loss of your driver’s license through enrollment in Maryland’s Ignition Interlock Program.

    Were you arrested for DUI or DWI in Maryland? Our skilled DUI legal team will build a strong defense strategy so that you achieve the best possible outcome in your criminal case. Read our testimonials to find out how we have assisted other clients charged with drunk driving. Then call our office or start a live chat to schedule your free consultation today.

     

  • What should I look for in a Maryland DUI defense lawyer?

    Magnifying Glass Inspecting the Scales of JusticeYou face harsh punishments and long-term consequences, like a permanent criminal record and higher insurance costs, if you are convicted of driving under the influence (DUI) or driving while intoxicated (DWI) in Maryland. Hiring an experienced DUI attorney is essential if you want to achieve the best possible outcome in your criminal case. However, it may be confusing to select the best lawyer to defend you. Here are some tips on what you should look for when hiring an attorney.

    Things to Look for When Retaining a Skilled DUI Attorney

    If you are like most people charged with DUI, you may not know a lawyer who handles these cases. You should obtain referrals from friends, family, or other attorneys or do an internet search to find DUI defense attorneys in Maryland. You should research them and interview your top choices. Here are things you want to look for when making your final decision.

    Knowledge of Maryland DUI Law and Procedures

    You need an attorney who understands the DUI laws and court procedures that must be followed in Maryland. This will enable him to identify your defenses and provide you with the aggressive representation you need. It is best to hire a lawyer who handles many DUI cases as part of his practice.

    T. Kevin Wilson devotes a large portion of his practice to representing clients charged with DUI in Virginia and Maryland and understands the statutes and case laws that govern these cases in both states. He also has extensive, specialized training in the scientific principals and operation of breath and blood testing devices and medical issues that arise in DUI and DWI cases. 

    Certifications and Organizations

    One way you can tell if a lawyer has the necessary qualification to raise the best DUI defense for your claim is to see if he is a member of relevant organizations and has certifications that directly relate to defending individuals arrested for DUI or DWI. Attorney T. Kevin Wilson works hard on staying on the cutting edge of issues and defenses in these cases. Certifications and affiliations that he has worked hard at getting because he knows it gives him an added advantage when representing clients include:

    • Membership in the National College for DUI Defense and DUI Defense Lawyers Association
    • Training and certification in the administration of Standardized Field Sobriety Tests
    • Training and certification in the use of police LIDAR and RADAR
    • Training and certification in breath machines used in DUI cases

    Track Record of Success

    You need an advocate who has a track record of successfully entering into plea agreements and taking DUI cases to trial. At the Wilson Law Firm, we conduct a thorough investigation into the facts surrounding your arrest so we can identify all of your defenses and are not afraid to take your case to jury trial if this is in your best interests. Read our client reviews to learn what our clients have to say about our quality representation in their DUI cases.

    Additional Benefits of Hiring The Wilson Law Firm

    T. Kevin Wilson is a former Police Academy Legal Instructor and understands the tools and procedures that they will use against you in your criminal case. In addition, unlike most attorneys, he purchased breath testing machines used by law enforcement so that he could better understand them and more effectively raise defenses for his clients.

    Do you need to hire an experienced DUI lawyer to defend in your DUI or DWI case in Maryland? Start a live chat to schedule a free case evaluation with T. Kevin Wilson today.

     

  • Will Probation Before Judgment Help You If You’re Arrested for DUI in Maryland?

    Probation Folder, Scales of Justice, and Wooden GavelYou face harsh punishments if you are convicted of DUI or DWI in Maryland. In addition, you would have a permanent criminal record that can have long-term consequences on your ability to obtain a job, affordable auto insurance, and more. However, probation before judgment (PBJ) may be a good option that can help you avoid some of the severe ramifications of a DUI or DWI conviction.

    What Is Probation Before Judgment?

    Probation before judgment refers to a situation where a person arrested is placed on probation before a judgment is entered in his criminal case. It is an option when an individual is charged with a first offense DUI or DWI, and other crimes in Maryland.

    Are You Eligible for PBJ?

    Probation before judgment is only available in limited circumstances. Even if you are eligible for a PBJ, you do not have an automatic right to it. The judge must agree to it. Probation before judgment may be an option for you in these circumstances:

    • This is your first DUI or DWI offense.
    • You have not had a PBJ or conviction for DUI or DWI in the last ten years.

    Probation before judgment would not be available to you in these situations:

    • This is your second or subsequent DUI or DWI within 10 years.
    • Your DUI or DWI involved an accident.
    • Your blood alcohol content (BAC) was high.
    • Large quantities of drugs were present when you were arrested.
    • You are also accused of committing a violent crime.

    What Are the Pros and Cons of PBJ?

    The benefit of a PBJ is that you avoid some of the long-term consequences of a DUI or DWI conviction. You would not be convicted of DUI or DWI and could honestly answer on a job or other application that you were not convicted of a crime. In addition, your auto insurance rates may not increase.

    However, there are also drawbacks to a PBJ. Some of the cons include:

    • You would be on probation that is most likely supervised for a certain period of time.
    • You could be sentenced to your original sentence if you violate the terms of your probation.
    • You give up your right to raise defenses to the charges at a trial and to file an appeal.

    How to Decide If a PBJ Is the Right Option for You

    Are you considering a PBJ in your DUI or DWI case? The best way to decide whether this is the best option for you is to retain an experienced DUI attorney who can identify your defenses and determine what is the best approach given your unique situation. Call our office or start an online chat today to learn how our skilled legal team can assist you.

     

  • What happens if I refuse to submit to an alcohol test?

    Police Officer Using a Breathalyzer TestLike other states, Maryland has an implied consent law, which provides that every driver impliedly consents to submit to a breath or blood alcohol test if stopped for DUI or DWI. If you refuse to submit to this testing, you would face harsh penalties.

    What Are the Consequences of Refusing to Submit to Alcohol Testing?

    Maryland’s implied consent law is only applicable if you are stopped by law enforcement because of their suspicions that you were driving while intoxicated. In most cases, you cannot be forced to take a blood or breath test. However, you could face the following harsh consequences if you refuse to take it.

    Driver’s License Suspension

    If the police ask you to take a chemical test and you refuse, the officer will immediately take your driver’s license and may issue a temporary 45-day paper license. You must request an administrative hearing with the Maryland Office of Administrative Hearings within 10 days to ensure that your driver’s license is not suspended prior to your hearing. You must request a hearing within 30 days of the Order of Suspension if you do not want the suspension to continue after your license expires.

    If the suspension is affirmed or you do not contest it, your license could be suspended for the following time periods:

    • 270 days for a first suspension
    • Two years if there has been a prior intoxication suspension

    Ignition Interlock Program

    If your driver’s license was suspended because you refused an alcohol test, failed it, or were convicted of DUI or DWI, you can apply for the ignition interlock program. If your application is approved, you would be permitted to drive a motor vehicle equipped with an ignition interlock device. You most likely will have to continue to use the ignition interlock device for one year for refusing a chemical test.

    Use of Refusal as Evidence

    If you do not submit to an alcohol test, the prosecutor can use your refusal as evidence against you in your DUI case. The jury is permitted to consider this fact when determining your guilt.

    Have you been charged with DUI or DWI in Maryland? Did you refuse to submit to a breath or alcohol test? Our experienced DUI lawyers are here to aggressively raise your defenses so that you achieve the best possible outcome. To find out more about our track record of success and how we can assist you, start a live chat to schedule a free consultation today.

     

  • Will my rights be protected if I hire a lawyer from a small law firm?

    A Potential Client Meeting With an AttorneyIf you have been arrested for DUI in Virginia, you face harsh penalties if you are convicted that include a jail sentence, fine, driver’s license suspension, and permanent criminal record. You do not want to represent yourself if you want to achieve the best outcome possible. Do you need to hire an attorney from a large law firm to obtain the quality representation you need in your DUI case?

    Why the Size of the Law Firm Does Not Matter When Deciding Which Attorney You Want on Your Side

    You may think you need a large law firm to defend you. However, this is not necessarily true. What you really need is an experienced DUI attorney whom you can trust to protect your interests and who has the resources to mount a strong defense for you. A smaller law firm may provide you with more personal attention and aggressive defense of the charges you face than a larger firm who may hand off the majority of the work on your case to a paralegal or law clerk.

    What to Look for When Hiring a DUI Lawyer in Virginia

    If you are like most people arrested for DUI, you may not know any lawyers who handle these cases. Your first step should be to obtain referrals from friends, family, another attorney you worked with in the past, a bar referral service, or through the internet. Then you need to research your top choices and interview them. Here is what you need to look for when deciding which attorney is right for you:

    • Experience. You should look for an attorney who has extensive experience handling DUI cases and has a track record of success in getting the charges reduced or dismissed either through a plea agreement or taking the case to trial. T. Kevin Wilson has over 20 years of experience defending clients who have been arrested for driving under the influence.
    • Training. You want a lawyer who has extensive training in handling DUI cases and who stays up-to-date on the issues and laws that are relevant to these cases. T. Kevin Wilson has extensive, specialized education in DUI defense and the scientific and operational workings of breath and blood alcohol testing. He works hard to stay current on DUI statute changes and case law and is also a former Police Academy Legal Instructor and understands the tools and techniques the police use when arresting individuals for DUI.
    • Communication skills. Your lawyer should be able to explain the charges you face, your defenses, potential penalties, and what you can realistically expect to happen in your case in a way that you can understand. He should keep you updated on the status of your case and be available to answer your questions. At the Wilson Law Firm, we provide our clients with individualized attention and aggressive attention they need to achieve the best outcome in their cases.

    Do you need to retain a DUI attorney? Read our testimonials to learn what our satisfied clients are saying about our quality representation in DUI and other criminal cases. Then call our Manassas office to schedule your free consultation to learn how we can assist you.

     

  • Do I have to wait for a police officer to read me my Miranda rights or can I assert them myself?

    Fingerprint Card and Handcuffs After Being Arrested TV shows, movies, and books have taught us to wait for the dramatic moment when a police officer issues a suspect his Miranda warnings. It’s how we, the viewers and readers, know that an arrest has been made, the suspect has been taken into custody, and that the suspect has certain legal rights.

    Your life, however, is not a TV show, movie, or book. For you, the consequences of a potential DUI conviction are real and potentially significant. Therefore, it is important to start protecting your rights immediately.

    Start by Asserting Your Miranda Rights

    You do not have to wait for a police officer to read you your rights. Instead, you may assert them yourself. When the police officer asks you a question, you have the right to say something like:

    • I wish to remain silent.

    • I would like to speak to my attorney before answering your question.

    You may also let the officer know that you are aware of your rights and, therefore, you will not be answering any questions at this time.

    Whichever approach you choose, it is important to be polite. Do not become verbally aggressive with the police officer. Instead, respond respectfully and calmly while protecting your rights.

    Call a Virginia Drunk Driving Defense Lawyer As Soon As Possible

    Anything that you say to a police officer before you assert your constitutional rights may be used against you later. However, once your Miranda rights have been asserted, then anything that you say in response to a police question may be inadmissible.

    Admissibility of evidence is just one important piece of a DUI defense. For more information about how to defend yourself after a drunk driving arrest, please contact an experienced Virginia drunk driving lawyer as soon as possible. Time is of the essence and it is important to get started with your defense as soon as possible. Attorney T. Kevin Wilson has extensive experience and education in this area of the law. Please contact him today for a free, no-obligation to learn more about your rights.

     

  • Do I need expert witnesses for my Virginia DUI case?

    An Expert in a DUI Defense CaseNot every drunk driving case is going to require expert witnesses. However, in some cases, expert witnesses may be extremely helpful in preventing a criminal drunk driving conviction. The experienced DUI defense lawyers at The Wilson Law Firm can help you determine whether expert witnesses will be helpful in your case and, if so, what types of expert witnesses you need.

    DUI Expert Witnesses to Consider in a Drunk Driving Defense Case

    If an expert witness can help cast doubt on the government’s case and prevent the government from proving its case against you, then it is important to consider hiring an expert witness. Some examples of expert witnesses that may be useful in a Virginia DUI defense include:

    • A forensic toxicologist. This type of expert can analyze how you may have been impacted by the alcohol in your system and can analyze your breathalyzer results or the results of other tests that were used to determine your blood alcohol content.

    • A law enforcement professional. This type of expert can review the police officer’s conduct and investigation to determine if both were consistent with required procedures.

    Other experts may also be useful based on the unique circumstances of your case.

    The prosecution may also use expert witnesses in its case. Therefore, if you decide to hire expert witnesses, then it is important to work with well-respected and credible witnesses whose testimony will be persuasive to the court.

    Talk to a DUI Defense Lawyer Before it Is Too Late

    The decision about whether or not to work with expert witnesses is an important one to make in your DUI case, but it is not the only important decision. There are a lot of decisions and any of the choices that you make may significantly influence whether or not you are found guilty of drunk driving.

    Accordingly, it is important to contact an experienced drunk driving defense lawyer as soon as possible to review your case and to help guide you through the difficult decisions that you need to make now and in the future. Call us today a free, no-obligation case evaluation.

     

  • Can I refuse to answer a police officer’s questions if I’m stopped for drunk driving?

    You face a dilemma. On the one hand, you are afraid to answer the police officer’s questions for fear that anything that you say will be misconstrued and used against you. On the other hand, you don’t want to be rude to a law enforcement official and risk making that official angry.

    You’ve likely watched enough TV shows and movies to know that you are in a tough spot, but there are things that you can do to protect your rights.

    How to Answer a Police Officer Who Stops You for Drunk Driving

    If the police officer asks if you have been drinking and you answer the question, then you may be incriminating yourself. In doing so you may be giving up your constitutional rights. The Fifth Amendment to the United States Constitution provides that no one “…shall be compelled in any criminal case to be a witness against himself…” This means that youHow to Answer Drunk Driving Questions From a Police Officer do not have to offer the police evidence that you committed a crime.

    You may be informed of your “right to remain silent” during an arrest. However, in many circumstances, the police officer will not arrest you immediately and may instead pull you over and ask you questions before an arrest. In this type of situation, it is up to you to respectfully choose to remain silent.

    At all times, you should remain polite and non-confrontational while speaking with the police. However, you should not answer any questions that may provide evidence that may be used against you. While you technically cannot “plead the fifth” until you have been arrested for drunk driving, you can still nicely refuse to answer questions and instead say that your attorney will be available to answer all of the officer’s questions.

    Protect All Rights During and After a DUI Stop

    It can be intimidating and scary to be pulled over for drunk driving in Virginia. If this has happened to you, then it is important to contact an experienced DUI defense lawyer as soon as possible so that you can be sure that all of your rights are protected.

    Before you speak to anyone about your case, please download our FREE DUI DWI Arrest Survival Guide and contact us directly to schedule an initial consultation with an experienced drunk driving defense attorney.

     

  • I drive a commercial vehicle and I was arrested for drunk driving while operating that vehicle in Virginia. My blood alcohol level was lower than 0.08 percent. What should I do?

    Commercial Drivers and Drunk Driving Laws in VirginiaEven if your blood alcohol content (BAC) was lower than 0.08 percent, you should take the drunk driving charge seriously and you should contact an experienced DUI defense lawyer as soon as possible.

    Virginia Drunk Driving Laws Are Different for Commercial Drivers

    While a BAC of 0.08 percent is the legal standard for typical drivers, Virginia (like most states) has stricter drunk driving laws for commercial drivers. According to §46.2-341.24 of the Code of Virginia, the Commonwealth of Virginia may convict a commercial driver of drunk driving if one or more of the following is true:

    • The driver has a BAC of 0.04 percent or higher

    • The driver is under the influence of alcohol

    • The driver is under the influence of drugs

    In order for the prosecutor to get a conviction in your case, the Commonwealth must prove that you drove or operated a commercial motor vehicle while under the influence of alcohol.

    Virginia Penalties for Driving a Commercial Vehicle While Intoxicated

    Fines and jail time are possible consequences for a commercial driver who is convicted of a DUI. Any commercial driver who is convicted of a DUI may face a potential fine of at least $250. Additionally, jail time can range from a few days to a year depending on your blood alcohol level as confirmed by a chemical test for your first offense and then by the number of times you have been convicted for subsequent offenses.

    Of course, a DUI conviction could also have a significant impact on your ability to keep your job or to get another driving job.

    You Have a Lot at Stake—Contact a Virginia DUI Defense Lawyer Today

    Fines, jail time, and loss of employment are serious consequences. It is important to make sure that you have a proper defense so that any potential penalty is fair and that potential penalties can be avoided to the extent possible.

    To learn more about your rights, and about how to protect yourself, please contact us to schedule a free, no-obligation consultation with an experienced DUI defense attorney. We also encourage you to download a copy of our free guide: The Guilt Myth Explained DUI DWI Arrest Survival Guide today.

     

  • Can I be convicted of drunk driving if I wasn’t involved in an accident?

    Any DUI Charge Needs to Be Taken SeriouslyYes, you may be convicted of driving under the influence (DUI) or driving while intoxicated (DWI) in the Commonwealth of Virginia even if you weren’t involved in an accident. It is against the law to drive while intoxicated regardless of whether or not you cause a crash. Even if there was no collision, property damage, injuries, or deaths associated with your charge of drunk driving, your first DUI conviction may result in a Class 1 misdemeanor on your record. It may also result in a fine, restrictions on your license, jail time, and other significant consequences.

    The Legal Consequences May Be Worse If Someone is Seriously Hurt or Killed in the Crash

    If you are charged with drunk driving in an accident that caused a serious injury or fatality, then you may be facing felony charges. The consequences of a felony charge may include significant time in prison, license revocation, and other penalties that could impact your ability to get a job or your right to vote.

    You Need to Take Any DUI Charge Seriously

    While the consequences of a DUI may be more significant if someone was hurt or killed in the crash, the consequences of a DUI with no accident are still significant and may still have a serious impact on your life.

    Accordingly, it is important that you are represented by an experienced drunk driving defense lawyer if you are charged with any drunk driving crime in Virginia. A lawyer who is trained to use and understand the sobriety tests used by the police and who has represented many other people charged with drunk driving in Virginia may be able to help you defend yourself against the serious charges that you face.

    The time to take action is now. Contact a lawyer as soon as you can to make sure that all of your rights are protected. The Wilson Law Firm offers free consultations on DUI defense cases. To schedule your meeting, please call us or reach out to us via this website.

     

  • Can I be charged with both DWI and DUI and involuntary manslaughter?

    DUI and DWI Charges Along With Involuntary ManslaughterYes. Driving while impaired (DWI), driving under the influence (DUI), and involuntary manslaughter are separate and distinct crimes in the Commonwealth of Virginia, and you may be charged with more than one crime arising from the same incident. However, in order to be sentenced for both crimes, the prosecution will need to prove that you meet all of the elements of each crime.

    What DWI- and DUI-Related Involuntary Manslaughter Mean in Virginia

    In order to be convicted of DWI in Virginia, the prosecution must prove that one of the following is true:

    • You had a blood alcohol content of 0.08 percent or higher.

    • You were under the influence of drugs or alcohol.

    In order to be convicted of DUI-related involuntary manslaughter, the prosecution must prove that:

    • You were driving under the influence of alcohol, drugs, or both drugs and alcohol at the time of the accident. The prosecution does not need to prove that you had a specific blood alcohol content or that you were technically driving under the influence.

    • You unintentionally caused someone else’s death. The fatality must have occurred as a result of intoxication.

    If the prosecution fails to meet all of the requirements of a DWI charge, then you may still be found guilty of involuntary manslaughter if the prosecution can prove the elements of that crime. Likewise, the reverse may be true and you may be found guilty of DWI, but not of involuntary manslaughter even if someone died in the accident.

    Contact an Experienced Criminal Defense Lawyer If You Face One or More Criminal Charges After a Virginia Accident

    If you face DWI- or DUI-related involuntary manslaughter, other involuntary manslaughter charges, or other criminal charges, then you need a good defense lawyer to help you protect your rights. You could be facing serious criminal penalties including a fine, a license suspension, and jail time.

    Therefore, it is important to start preparing your defense as soon as possible. Please contact the Wilson Law Firm today to schedule an initial consultation and please download our FREE Virginia DUI/DWI Arrest Survival Guide today now so that you can get the information you need immediately.