An Educated Client is the Best Client - Get Your Virginia DUI Questions Answered Here

It may surprise you to learn that it's quite possible to be charged with driving under the influence even if you weren't actually driving. As long as you were in physical control of the vehicle, a Virginia law enforcement officer has grounds for an arrest.

Determining Physical Control of the Vehicle

According to Virginia DUI law, you don't need to be driving as long as you are physically in control of the vehicle. This means you could be arrested for drunk driving if you were:

• Sitting in the driver's seat
• Sitting in the car with the engine running
• Sitting with the keys within reach

If you were sleeping in the back seat with the vehicle not running, you wouldn't be considered in physical control of the vehicle. Physical control requires the reasonable belief that you'd be able to operate the vehicle given your current position.

Cases involving physical control carry the same penalty as a DUI arrest when you were actually driving, but the good news is that the court is skeptical regarding this type of charge. If you can show evidence that you were waiting for a designated driver or simply trying to sober up before heading home, you may have a solid defense.

Cases Involving Mistaken Identity

Sometimes, a DUI charge may be based on mistaken identification of the driver. For example, if several friends were traveling together, it might it be impossible for law enforcement to determine who was actually driving the vehicle if there are no outside witnesses. Arguing this type of case can be difficult, which is why you'll need to contact an experienced attorney as soon as possible

How T. Kevin Wilson Can Help

A DUI charge is a serious matter, even if it's your first offense. If you've been charged with drunk driving and you weren't driving at the time of your arrest, Virginia DUI attorney T. Kevin Wilson can help you build an aggressive defense. Call today to schedule a free, no-obligation initial case review.

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If you are not happy with your attorney's services, it is your right to find alternative legal representation. However, since doing so can create delays in your case, it is typically best to first consider if the relationship can be worked out.

Deciding to Terminate the Attorney-Client Relationship

Common reasons to consider terminating your relationship with your DUI lawyer include:

• You believe the lawyer misrepresented his experiencing handling DUI cases.
• You are not being properly informed of the progress of your case.
• You believe your lawyer has committed an ethical breach, such as mishandling confidential information or not informing you of a conflict of interest.

It is important to understand that a lawyer can't guarantee any specific outcome in your case. Sometimes, even the most well-qualified lawyer may need to deliver news that you don't want to hear. Before you consider terminating the relationship, ask yourself if there is any way to work out your differences.

Next Steps

If you've decided that you wish to find a new DUI lawyer, consult your contract with your original attorney to figure out how to proceed with terminating the relationship. Keep in mind that there may be a financial penalty for breaking the contract.

It is advisable to find new representation before writing a letter to formally terminate the relationship. This prevents any unnecessary delays in your case. Your letter should include a brief explanation of why you wish to end the relationship and the name and contact information for your new DUI attorney. Send the letter via certified mail and keep a copy for your records.

If your case is pending, you must notify the court of the withdrawal or substitution of counsel immediately after notifying your current attorney that you wish to end the relationship.

Contact DUI Defense Attorney T. Kevin Wilson

Virginia DUI lawyer T. Kevin Wilson is committed to helping clients build an aggressive defense against drunk driving charges. If you are unhappy with your current legal representation, call today to schedule a free, no-obligation case review.

Related Links: DUI Reduced to Reckless Driving         Virginia's DUI Implied Consent Law DUI Convictions and Employment

Most people don't give a lot of thought to the law until they need help. But, it's important to remember that lawyers generally focus on a few specific areas of the law. This means that the lawyer who drafted your will, handled your cousin's divorce, or helped your friend from college set up his small business is probably not the right person to handle your DUI case.

Questions to Ask Your Lawyer

A lawyer's website can often provide some basic details about his or her background, but you can also use your individual consultation to learn more about qualifications specifically related to handling a DUI charge.

Some questions to ask your lawyer include:

• Where did you attend law school?
• Other than your law degree, do you have any special training or knowledge related to handling DUI cases?
• How long have you practiced law?
• What percentage of your practice is devoted to DUI cases?
• How would you describe your typical client?
• How many cases have you handled that were similar to mine?
• How were these cases resolved?
• Do you regularly practice in the courthouse where my case will be handled?
• Have you ever been accused of or sanctioned for professional misconduct?
• Will you be doing the work on my case or will I be communicating with junior associates or paralegals?

As you're evaluating potential options for your legal representation, don't be afraid to walk away if you feel that a lawyer's experience doesn't match your needs. The penalties for a DUI are stiff, so you deserve the best defense possible.

Protect Your Future by Building an Aggressive DUI Defense

T. Kevin Wilson has extensive experience using cutting edge DUI defense strategies. He has completed specialized training in standardized field sobriety testing, breath alcohol testing, blood alcohol testing, and police RADAR/LIDAR in addition to serving as an instructor at Prince William County Criminal Justice Academy covering criminal law, criminal procedure, and constitutional law. Call today to schedule a free, no-obligation case review to discuss your legal options for handling your DUI case.

Related Links: Virginia's DUI Implied Consent Law Miranda Rights and Your DUI Case DUI Reduced to Reckless Driving

Being convicted of drunk driving in Virginia carries stiff penalties, including fines, jail time, and the stigma of a criminal record. However, one often overlooked aspect of a DUI conviction is how it may affect your employment prospects.

Do I Have to Inform My Employer of My DUI?

You are not legally required to notify your employer of a DUI arrest or conviction. If you apply for a restricted license after a DUI conviction, however, the court will require proof of your employment and working hours. Depending upon where in Virginia you live, you may need a statement on company letterhead or a signed form that specifically states you're applying for restricted license due to a DUI.

Can I Be Fired for a DUI Conviction?

When you've been charged with a DUI, you'll want to review your company's handbook very carefully. Many companies require you to report DWI arrests and/or convictions to the human resources department.

Every company is a little different, but you are more likely to be disciplined or terminated for a DUI if your job requires driving. For example, a license suspension for a DUI automatically suspends your CDL. Even if you have a restricted license to drive your personal vehicle to work, the restricted license won't allow you to operate a commercial motor vehicle.

If you are required to maintain a valid security clearance for your employment, you might run into problems since a DUI conviction is a criminal charge. You may be able to get an exemption for a single offense, but could run into trouble if you have other criminal charges on your record.

How Can My Attorney Help Protect My Privacy?

If you're concerned about how a DUI conviction will affect your employment, your attorney may be able to schedule your court appearance at a time that won't interfere with your work schedule. Arrangements to serve jail time may require some time off work, but can be handled in a way that protects your privacy as much as possible.

Virginia attorney T. Kevin Wilson is committed to helping drivers build an aggressive defense against DUI charges. Please call today to schedule a free, no-obligation initial consultation.

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Being stopped by the police can be an intimidating and somewhat frightening experience, especially when you've been accused of driving under the influence. Cooperating with the officer is in your best interest, but keep in mind that you are not required to submit to a breathalyzer or field sobriety tests if you haven't been arrested.

How to Handle Being Stopped for Suspicion of a DUI

If an officer pulls you over, keep in mind the following tips:

• Be polite and respectful. Remember that the officer is only doing his or her job.
• Don't apologize, admit wrongdoing, or make excuses for your behavior.
• Provide your driver's license and insurance information when requested.
• Never, under any circumstances, try to physically resist arrest.

You are not legally required to agree to submit to field sobriety testing, but the officer may weigh your refusal to do so when determining if there is probable cause for arrest. If you opt to take a field sobriety test, be sure to inform the officer of any medical conditions you have that may affect the results. For example, a bad knee or an inner ear infection would likely affect your ability to balance on one leg.

You do not need to take a preliminary breath test before you've been arrested. This test is often asked for as part of field sobriety testing, but refusing to submit to the test can't be used against you as evidence in court.

Virginia's Implied Consent Law

Virginia's implied consent law requires you to submit to a blood test or breath test only if you've been arrested for a DUI because the officer has probable cause to believe you've been drinking or are under the influence of illegal drugs. This test must be completed within three hours of the time you were arrested. Refusing to take the test results in a one-year suspension of your driver's license for the first offense.

Retaining Legal Representation

A DUI charge requires an aggressive defense from an experienced attorney. Call 703-361-6100 today to schedule a free, no-obligation initial case review with Virginia DUI attorney T. Kevin Wilson.

Related Links: DUI Reduced to Reckless Driving         Miranda Rights and Your DUI Case Virginia's DUI Implied Consent Law

It is a common misconception that drivers in Virginia can't be charged with a DUI and reckless driving at the same time. While you can't be charged under the general reckless driving statute § 46.2-852, you can be charged with both offenses if your behavior falls under another section of the code.

Understanding Virginia's Reckless Driving and DUI Law

Virginia statute § 19.2-294.1 states, "Whenever any person is charged with a violation of § 18.2-266 or any similar ordinances of any county, city, or town and with reckless driving in violation of § 46.2-852 or any ordinance of any county, city or town incorporating § 46.2-852, growing out of the same act or acts and is convicted of one of these charges, the court shall dismiss the remaining charge."

Sometimes referred to as the general reckless driving statute, § 46.2-852 states, "Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving."

Although you can't be convicted of both a DUI and reckless driving under § 46.2-852 if both charges are from the same incident, you can still receive a DUI and reckless driving conviction if your behavior falls under one of the following statutes:

• § 46.2-853 Driving vehicle which is not under control; faulty brakes
• § 46.2-854 Passing on or at the crest of a grade or on a curve
• § 46.2-855 Driving with driver's view obstructed or control impaired
• § 46.2-856 Passing two vehicles abreast
• § 46.2-857 Driving two abreast in a single lane
• § 46.2-858 Passing at a railroad grade crossing
• § 46.2-859 Passing a stopped school bus
• § 46.2-860 Failing to give proper signals
• § 46.2-861 Driving too fast for highway and traffic conditions
• § 46.2-862 Exceeding speed limit
• § 46.2-863 Failure to yield right-of-way
• § 46.2-864 Reckless driving on parking lots, etc.
• § 46.2-865 Racing

Preparing the Strongest Possible Defense

If you're facing both a DUI and a reckless driving charge, it's vital that you contact an experienced attorney who can help you evaluate your legal options. T. Kevin Wilson is committed to helping Virginia drivers mount an aggressive defense against DUI and reckless driving charges. Call today to schedule a free, no-obligation case review.

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The horizontal gaze nystagmus test is a common field sobriety test used to determine probable cause for a DUI arrest. However, the test is not always accurate.

About the Horizontal Gaze Nystagmus Test

The horizontal gaze nystagmus test is a type of field sobriety test used to measure nystagmus, which is the medical term for an involuntary jerking of the eyeballs. Nystagmus can occur for many reasons, but becomes more pronounced when someone is intoxicated.

To perform the test, an officer will hold a pen or other small object roughly 12 to 15 inches from your nose. He will slowly move it from one side to the other and ask you to follow the object with your eyes while keeping your head still.

The officer will look for jerking or bouncing eye movements while following the object, nystagmus that sets in before your eyes reach a 45-degree angle, or nystagmus at maximum deviation. Four or more observances of nystagmus are probable cause for a DUI arrest.

Reasons for a Failed Test

The horizontal gaze nystagmus test is only accurate in about 77% of cases. Reasons for a failed test could include:

• You suffer from a natural nystagmus in your eyes.
• You have the flu or an inner ear infection.
• You've been diagnosed with muscular dystrophy, multiple sclerosis, epilepsy, or glaucoma. 
• You were recently engaged in activities causing eyestrain or eye muscle fatigue.
• You were taking certain pain medications, anticonvulsants, or antihistamines.
• The officer moved the object too quickly.
• The officer made the object come too close to your eyes.
• You weren't allowed enough time to follow the object during the test.

If you were drinking several hours earlier, keep in mind that it's possible to have a nystagmus even after all alcohol clears from your blood.

Building an Aggressive Defense

Failing the horizontal gaze nystagmus test shouldn't be a reason for panic. An experienced DUI defense attorney can help you build an aggressive defense by investigating every option available to support your case. Call today to schedule a free, no-obligation initial case review with Virginia attorney T. Kevin Wilson.

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Before an officer can legally arrest you for a DUI, he must have probable cause you were operating a motor vehicle while under the influence of alcohol or drugs.

About Probable Cause

Essentially, probable cause means that an officer has a reasonable suspicion that you're legally impaired. Examples of behavior that constitute probable cause for a traffic stop include:

• Swerving, weaving, drifting, or otherwise having difficulty staying in the correct lane.
• Driving too slowly, too fast, or making improper changes in your speed.
• Driving without your headlights, stopping for no apparent reason, improper signaling, or other types of vigilance problems.
• Demonstrating poor judgement through actions such as tailgating, arguing with another driver, or improper stopping in response to a police signal.

If you've already been pulled over, probable cause that you've been drinking includes:

• The smell of alcohol on your breath
• Glassy or bloodshot eyes
• Slurred speech
• A verbal admission of intoxication
• Failing field sobriety tests such as the walk-and-turn, one leg stand, or the horizontal gaze nystagmus test
• Failing a preliminary breath test

Probable Cause and DUI Checkpoints

DUI checkpoints are permissible under Virginia law, but only if they meet specific criteria. They must be publicized in advance and police officers aren't allowed to stop every vehicle that passes. They must use a mathematical formula to choose who gets stopped, or wait for driver behavior to give them probable cause.

Building Your DUI Arrest Defense                                                       

If you've been arrested for a DUI, challenging the legality of your arrest may be one option to consider. When making an arrest, officers are supposed to consider the totality of your circumstances. For instance, one example of erratic driving could mean you were distracted for a second or two. However, several examples of erratic behavior combined with slurred speech and a failed sobriety test provides a stronger justification for your arrest.

Having a skilled attorney prepare your DUI defense ensures he'll investigate every option available to support your case. Virginia attorney T. Kevin Wilson is committed to helping drivers avoid the stiff penalties associated with a DUI conviction. Call today to schedule a free, no-obligation initial case review.

Related Links: DUI Reduced to Reckless Driving         Going to Rehab After Your DUI Prescription Drugs and Your DUI Case

 

Although the court can't take away custody of your child due to a DUI conviction alone, the charge could present a problem if you're currently in the middle of a divorce or a custody battle with a former partner.

Impact of a DUI Conviction on Child Custody

In a child custody case, keep in mind that there are two types of custody that must be decided: legal custody (the ability to make decisions about a child's upbringing such education and religious affiliation) and physical custody (how much time a child will physically spend with each parent).

A DUI conviction is unlikely to affect legal custody, but may affect physical custody if there is other evidence raising concerns regarding your moral character or fitness as a parent. This might include:

• Additional evidence suggesting you have a substance abuse problem
• Evidence your alcohol use has already placed the child in danger, such having your child in the car when you're under the influence
• Signs of child neglect, such as a child arriving for school hungry and in dirty clothes
• Signs of child abuse, such as unexplained bruises
• Previous criminal convictions of any type
• Evidence of an aggressive or temperamental personality
• Minimal past involvement in your child's daily care

When judges award physical custody, they are trying to decide which parent is best equipped to provide a stable and safe home environment. This includes tasks such as transporting children to school and activities, helping with homework, preparing meals, providing appropriate discipline, and serving as a positive adult role model. Older children may be allowed to express a preference as to which parent they want to live with, but a judge always has the authority to rule against the child's wishes if there are safety issues involved.

The Wilson Law Firm Can Help

Having access to skilled legal representation can help you minimize the negative consequences associated with a DUI, including any effect on pending child custody hearings. Virginia defense attorney T. Kevin Wilson is dedicated to investigating every possible avenue of defense for his clients. Call today for a free, no-obligation case review. 

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If you are charged with driving under the influence of alcohol or drugs, the court might question if this suggests you have a substance abuse problem. The judge could order you to attend a court-approved rehab facility or you may voluntarily offer to attend rehab to reduce the penalties associated with the DUI charge.

The Role of Rehab in a DUI Case

Virginia law gives judges discretion to use court-ordered rehab instead of jail time for nonviolent offenders. This helps keep the prison population down and can provide offenders with the support they need to avoid future legal troubles. Rehab can also be ordered as part of a sentence that includes some jail time, depending upon the circumstances associated with the charge. There are court-ordered treatment facilities throughout the state, offering both inpatient and outpatient rehab programs for drug and alcohol abuse.

Even if the court does not require you to complete a drug or alcohol rehab program, voluntarily seeking treatment can be a way to avoid jail time or earn a more lenient sentence. By admitting you have a substance abuse problem, you're telling the judge that you understand your conduct was inappropriate and that you're committed to making sure the same thing doesn't happen again.

Voluntarily seeking rehab is most effective for first time offenders, but still an option even if this is a second or subsequent offense. However, you should speak to your attorney before committing to a program to ensure that the facility's treatment plan is one that is likely to be supported by the court.

T. Kevin Wilson Can Help You Find DUI Treatment Programs

The penalties for a DUI conviction can be quite serious, which is why it's vital that you have access to skilled legal representation throughout the process. Virginia defense attorney T. Kevin Wilson has advanced training in standardized field sobriety testing, breath alcohol testing, and blood alcohol testing, which allows him to investigate every possible avenue of defense for his clients. Call today for a free, no-obligation case review.

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When someone is arrested on TV, the cop automatically starts to "read the person his rights." On TV, this usually means telling the arrested person that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to have an attorney present during questioning, etc.  However, not receiving your Miranda rights won’t necessarily get your DUI charge thrown out.

Miranda Rights in a DUI Case

Police officers are not required to give Miranda warnings immediately upon arresting someone, nor do Miranda rights apply to the preliminary questioning of a subject before he is arrested. In a DUI case, this means that your answers to the initial questions an officer asks while determining if you are intoxicated can be admitted as evidence with no Miranda warning. Two examples of questions that are most often relevant in a DUI case are "Have you been drinking?" and "How much have you had to drink tonight?"

However, a formal investigation requires a Miranda warning before evidence can be used in court. If you were interrogated by the police after being taken into custody and you were not given a Miranda warning, your statements can not be used against you.

After you are read your Miranda rights, you must affirmatively state that you understand these rights before the interrogation can proceed. If you state that you wish to remain silent or want to speak to an attorney, all questioning must stop.

Protecting Your Legal Rights

Although the majority of incriminating statements in a Virginia DUI case come before the suspect is taken into custody, there are many situations where this issue still arises in the defense of drunk driving cases. If you believe your statements should be inadmissible due to a law enforcement officer's failure to read you your Miranda rights, this is an issue that should be discussed in greater detail with a qualified defense attorney.

Virginia attorney T. Kevin Wilson has extensive experience assisting those who've been charged with a DUI in building a solid defense. To learn more, please call to schedule a free, no-obligation case review.

Related Links: How Long Will a DUI Conviction Show Up on My Virginia Record? Can I Get My Blood Result Before My DUI Trial? If the Court Requires Me to Get an Ignition Interlock Device on My Vehicle, Does the Court System Pay for It?

No, the court will not pay for your ignition interlock device. Since 2012, any Virginia driver convicted of Driving Under the Influence (DUI) is required to have an ignition interlock device installed on his or her vehicle before restricted driving privileges will be granted.

About Ignition Interlock Devices

An ignition interlock, sometimes called a breath alcohol ignition interlock, is a device that requires the driver to blow into a mouthpiece before starting the vehicle. If the device measures a blood alcohol concentration (BAC) over the legal limit, it prevents the vehicle's engine from starting.

Once the vehicle has been started, the ignition interlock requires periodic breath samples. If the sample shows an unacceptable BAC, an alarm sounds until the vehicle is shut off or a clean sample is provided.

Cost of Ignition Interlock Devices

If you're required to have an ignition interlock on your vehicle as a condition of getting a restricted license, you must pay for the device yourself. There are several different companies offering ignition interlock devices for Virginia drivers, which helps keep prices competitive. In most cases, you'll pay about $80 per month. Installation is typically free, but the monthly maintenance fee is necessary to make sure the device is working appropriately.  If you fail to comply with the monthly maintenance of the device, you'll lose your restricted license.

Unfortunately, people who are unable to afford the cost of an ignition interlock have limited options. The device is required by law to obtain a restricted driver's license. If you can't afford the fee, you can simply opt not to request a restricted license and seek alternative transportation for work, medical appointments, and Alcohol Safety Action Program (ASAP) meetings.

Driving a borrowed vehicle is not a way around the ignition interlock requirement. Offenders are required to have an ignition interlock device on every vehicle they drive, even if it's not registered in their name.

Avoid DUI Charges & Interlocks

If you've been charged with a DUI, it's vital that you find a skilled attorney to advocate for your interests throughout the process. Please call today to schedule a free, no-obligation case review with Virginia DUI defense attorney T. Kevin Wilson.

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If you've been charged with a DUI in Virginia, you may find yourself wondering if entrapment works as a viable defense. Although TV courtroom dramas often make it seem like arguing entrapment will get any criminal charge dropped, the reality is that entrapment is almost never a successful DUI defense.

Entrapment Seldom Works as a DUI Defense

Entrapment means that someone has been encouraged, enticed, or essentially tricked into committing a crime by a law enforcement officer. In terms of a DUI defense, entrapment is rarely successful.

To have a viable claim for entrapment, an officer has to have persuaded you to do something you otherwise wouldn't have done. The most common scenario in which an arrested driver unsuccessfully tries to claim entrapment occurs when an officer is patrolling outside a bar waiting to pick up people who get behind the wheel after having too much to drink. Since the officer is in a public area and not interacting with the bar's patrons beforehand, this conduct isn't entrapment. The patrons who drive drunk would have gotten behind the wheel regardless of whether the officer was present.

A more viable defense for a DUI would hinge on whether the officer had a valid reason to pull over the driver. Simply exiting an establishment where alcohol is served doesn't give the officer a reason to pull over a driver. However, speeding, swerving, or running a red light would all be valid reasons to pull over a driver. Even something as minor as a broken tail light could be considered a valid pretext for a DUI stop.

Challenging the validity of the stop is often successful as a DUI defense because evidence from an illegal stop is inadmissible. This means that there's typically no case if the stop wasn't legal.

Protecting Your Rights

If you've been charged with a DUI, possible penalties include fines, jail time, license suspension, and the stigma of having a criminal record. To protect yourself, it's vital that you hire an experienced defense attorney. Contact attorney T. Kevin Wilson to schedule a free, no-obligation consultation. 

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Although the Fourth Amendment prohibits unreasonable police searches of your vehicle following a traffic stop, it doesn't specifically state what type of search is unreasonable. However, vehicle searches conducted without a warrant can be broken down into four general categories:

Probable Cause

A law enforcement officer is allowed to search your vehicle if he has probable cause to believe there is incriminating evidence inside.

Searches Incident To Arrest

If you're arrested following a traffic stop, an officer can conduct a search of your vehicle to look for weapons or evidence relating to the arrest. However, the weapons justification for a search is only valid if you're within reaching distance of the vehicle at the time of arrest. An officer can't search your car using a safety justification if you're already handcuffed in the back of a squad car.

Consent To Search

Barring other legal justification, an officer is allowed to search your car if you give him permission. However, your consent must be freely and voluntarily given. If you've been coerced into allowing the officer to search your car, the evidence obtained can't be used against you.

Inventory Search

After a DUI arrest, your vehicle may be impounded. When this happens, law enforcement officers can conduct a search to inventory the contents. The purpose of this type of search is to make sure any items in the car are accounted for and can be returned to the owner when the vehicle is released. However, officers can use any incriminating evidence they find as a result of this type of search.

Protecting Your Legal Rights

When you are stopped by a law enforcement officer, you must provide your name, driver's license, and vehicle registration card. You are not legally obligated to answer any other questions or to provide consent to search your vehicle. It's best to remain calm, assert your rights politely, and refrain from physically interfering with the officer's work. If appropriate, your attorney can later challenge the validity of the search.

To learn more, call to schedule a free, no-obligation consultation with T. Kevin Wilson at 703-361-6100 or fill out a contact form here and we will speak with your soon.

Related Links: How Long Will a DUI Conviction Show Up on My Virginia Record? Unlawful DUI Stop Can I Avoid a DUI Checkpoint in Virginia?

Virginia law makes DUI charges and convictions a matter of public record. This can create significant problems for job seekers, since a drunk driving arrest will show up on a routine pre-employment background check.

How Employers Use Background Checks in the Hiring Process

It has been estimated that 90-95% of employers run background checks for either some or all of their available job openings. Background checks can be ordered from law enforcement agencies or third-party data brokers. Employers should not adopt a blanket policy of excluding all applicants with a criminal record. Instead, the Equal Employment Opportunity Commission (EEOC) recommends evaluations on a case-by-case basis.

The problem with a DUI conviction is that it can draw into question your ability to safely operate a motor vehicle for work-related purposes—creating a problem if you work in a field that requires regular business travel.  If it's a second or third offense, a DUI may also cause your potential employer to believe you have a substance abuse problem.

Protecting Yourself From Discrimination

Virginia law prohibits employers from asking about criminal records that have been expunged. Unfortunately, while some states allow DUI charges to be expunged, Virginia only allows for expungement if you're later proven innocent or were wrongly accused of the crime.

The best way to protect yourself from the negative effect of a DUI charge on your future employment opportunities is to hire an experienced attorney. An attorney familiar with Virginia's DUI laws may be able to get the charges dismissed or reduced. While the arrest will still show up on a background check, this will be much less damaging than a conviction. Employers are more likely to give a qualified candidate the benefit of the doubt when an arrest can be explained as an isolated misunderstanding.

Avoid Problems With Getting A Job With A DUI On Your Record With Help From an Attorney

To learn more about building a strong DUI defense, contact the Wilson Law Firm. Attorney T. Kevin Wilson, an experienced Northern Virginia DUI defense lawyer, is committed to helping clients minimize the impact of a DUI arrest on their future. 

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Depending upon the circumstances, a drunk driving charge in Virginia can be prosecuted as either a misdemeanor or a felony. How a DUI is classified makes a significant difference in terms of what punishment you will be facing.

Misdemeanor vs. Felony

As a general rule of thumb, courts in the United States consider a crime punishable by incarceration for up to a maximum of one year to be a misdemeanor. If the crime carries a penalty of incarceration for one year or more, it is considered a felony.

In the majority of cases, a Virginia DUI arrest is considered a misdemeanor. You will only be charged with a felony if it is your third offense within a 10-year time period. A third offense DUI is prosecuted as a Class 6 Felony.

Penalties for a Misdemeanor DUI

Do not make the mistake of failing to take a DUI charge seriously because it's classified as a misdemeanor. Penalties for a first-time DUI offense for a person age 21 or over include:

• A mandatory minimum $250 fine
• License revocation for one year
• Mandatory minimum 5-day jail term if your BAC is 0.15% to 0.20% or a mandatory minimum 10-day jail term if your BAC is 0.20% or higher
• Mandatory 5-day jail term if you were transporting a passenger age 17 or younger at the time of your arrest, plus an additional fine of between $500 and $1,000

DUI penalties are assessed regardless of whether you cause an accident. If someone is hurt or property damage is involved, you may be facing additional charges.

Virginia law enforcement officers automatically report a DUI to the Central Criminal Records Exchange at the time of your arrest, leaving you with the potential for a criminal record that can impact your future employment opportunities and general reputation.

Protecting Your Rights, Consult An Attorney For Misdemeanor Charges

If you've been charged with a DUI, enlisting the services of a skilled attorney is a must. Even a first-time DUI conviction can have major consequences for your future.

T. Kevin Wilson is on the cutting edge of DUI defense, with specialized education, training, and experience in areas such as breathalyzer accuracy and field sobriety testing. Call today to schedule a free, no-obligation consultation.

Related Links: How Long Will a DUI Conviction Show Up on My Virginia Record? Can I Expunge My Virginia DUI Conviction? Can I Get My Blood Result Before My DUI Trial?

If you find yourself in the unpleasant situation of being arrested for DUI, there will be a lot of things going through your mind. There’s nothing pleasant about being arrested nor about the unwanted attention you’re likely to get in the community. However, one concern that may come up over and over is: will I still be allowed to drive?

There’s a lot of misinformation about how license suspension works in Virginia. You’d probably assume that your license cannot be suspended unless you’re actually convicted of DUI. After all, everyone is innocent until proven guilty, right? But in Virginia and many other states, license suspension begins as soon as you’re arrested for DUI—even though you haven’t gone to trial yet. This is called Administrative License Suspension, or ALS.

ALS is handled by the Department of Motor Vehicles, not by the courts. It’s the state’s way of making sure that potential drunk drivers aren’t back on the road during the time from arrest to trial. If that sounds unfair to you, you aren’t alone; most people charged with DUI are shocked to learn that this takes effect before their trial. ALS is issued automatically after virtually every DUI charge.

The duration of the ALS is not the same for everyone, however:

• For first time offenders, ALS will suspend your license for seven days.
• For a second offense the ALS lasts for 60 days, or until you go to trial, whichever is quicker.
• For a third offense and beyond, the ALS will last until you go to trial, no matter how long that takes.

ALS doesn’t only apply to DUI charges as such, however. Refusing to take a breath test when accused of DUI is also illegal, and ALS will kick in if you refuse the breath test as well. It’s always best to cooperate with police and accept the breath test, even if you think you may be over the legal limit.

Even the first time ALS of seven days can be a major burden. Missing up to a week of work can be a disaster, especially if you’ve already missed days due to being in jail. The longer ALS periods are even more severe.

There are ways to get limited driving privileges, however. It’s possible to apply for restricted driving privileges from the DMV even while ALS is in effect. This can allow you to drive to work, school, and doctor’s appointments, which can help you keep your life on track as you await the next step of the legal process.

If you have been arrested for drunk driving, don’t try to navigate these complex rules on your own. The Wilson Law Form can help you apply for restricted driving privileges and will fight for you both in and out of court. Call us today for a FREE consultation on how to proceed with your case.

Not long ago we wrote about a local school bus driver who was arrested for DUI with a bus full of kids. That driver has now been vindicated and was not under the influence of any substance. So what happened? The answer is an important lesson for both law enforcement and drivers.

The driver in question is 60-year-old Dorothy Youngs. She was arrested in June after Virginia Beach Police received reports that her school bus was swerving. The bus was pulled over and Youngs was asked to perform field sobriety tests in a nearby parking lot. When she failed, she was arrested on suspicion of driving under the influence.

Her bus was full of 5- to 12-year-old children. Parents and the public were understandably upset.

However, investigators have now cleared Dorothy Youngs of all charges. She was never under the influence at all. Rather, she was having a medical emergency when she was arrested.

Unusual Symptoms

The new information helps solve a puzzle that never made sense in the original story. No one accused Youngs of drinking and driving—she was accused of driving under the influence of drugs. Witnesses reported that she was completely unaware of her surroundings, and police helped hold her up. It seems unusual that a 60-year-old woman with no drug history would be using so many illegal drugs that she couldn’t even walk. A health problem that affected her driving makes a lot more sense.

Investigators did not disclose the nature of the health problem. It could have been critically low blood sugar, a seizure, or any of dozens of other conditions that can strike with little warning. What is clear is that it affected not only her driving ability, but the safety of her passengers as well. This comes with two lessons:

• Police should be trained to recognize health problems. Instead of rushing Youngs to the hospital police forced her to complete sobriety tests and then took her to jail. Thankfully Youngs is alive, but if she had been having a stroke it could be a very different story.
• If drivers are experiencing distress, they should pull over immediately. Whether it’s a migraine, dizziness, chest pain or symptoms you cannot explain, you should not be behind the wheel. Pulling over and calling for help not only means you won’t be mistaken for a drunk driver, it will also help prevent a potentially serious accident.

We’re glad Ms. Youngs had a talented legal team that was able to gather evidence and clear her name. It is much harder to fight a DUI charge alone. If you need an experienced DUI defense lawyer, contact The Wilson Law Firm for your free consultation today.

Checkpoints are interesting. The general rule is that police have to have a good reason, before they can stop you, to prevent you from going about your business. That’s rooted in the Fourth Amendment, which says you’ve got to have protection against unreasonable searches and seizures. And our courts have decided that in order for the search or the seizure to be reasonable, they need to at least have some reason to believe you’re doing something wrong.

That is completely different in the situation of a checkpoint. Police set up a checkpoint, or a roadblock, or whatever they want to call it, and they’re stopping everybody on the road, and they have no reason to believe that anybody has done anything wrong. That is exactly what is prohibited by the Fourth Amendment.

That is the definition of an unreasonable search and seizure. The police are stopping you even though they don’t think you’ve done anything wrong. But, our courts decided that drunk driving is such a big problem that they’re going to allow a very limited, sort of they’re chipping away at that Fourth Amendment, they’re going to allow that sort of a very brief limited stop if it’s done in a certain way.

They’ve got to have written procedures and stick pretty close to that. It’s got to be a brief encounter. It’s supposed to be no more than a few seconds. And that’s why … because otherwise, it’s an absolute violation of the Constitution.

When you see one can you avoid it?

Yes. You do not have to go through a checkpoint, if you can drive away from that checkpoint without breaking laws. Sure. All my clients seem to slam on the gas and make a U-turn, crossing double yellow lines, and cutting somebody else off, and drawing attention to themselves by committing other violations trying to avoid the DUI checkpoint.

But if there are signs that say, hey, a mile ahead there’s a DUI checkpoint, and there’s a road to turn down, you’re free to turn down that road before you get to the checkpoint. There’s nothing wrong with that. What you can’t do is commit some other violation.

What to do at DUI Checkpoints in VA

Once you pull up to the checkpoint, and you’re engaged with an officer, now you have that same decision to make. What am I going to do here? Am I going to answer his questions or am I going to not answer his questions?

If there’s any reason to believe that you’re somebody that needs to be further screened, they’ll move you over to a second staging area, and go into the full DUI investigation. If you sort of pass that initial screening, they’ll just waive you on your way and you’ll pull right on through.

Most of the checkpoints they don’t talk to every vehicle. I shouldn’t say that. I guess it depends on how busy the traffic is. But they will have a plan. That plan that they have for the checkpoint will dictate whether they’re talking to every vehicle, every third vehicle, and every fifth vehicle, whatever it is. And the others have to be able to pass through without being stopped at all.

But if you’re one of the ones they’re engaged in conversation with, and if they smell alcohol, they’ll process you over, push you over to that other staging area and have that same old DUI investigation that they would have had if they’d caught you speeding, or doing some other violation.

Contact a DUI Lawyer For Charges in Virginia

If you have been charged with a DUI, all is not lost. A DUI lawyer may be able to reduce or completely drop your charges. Call our office at 703-361-6100 or fill out a brief contact form here.

You may have experienced that terrible moment when you glanced in your rearview mirror and wondered if you might be over the legal limit. Perhaps you had three beers, but it was spread over several hours time. Or maybe you had one strong drink just 10 minutes ago. There are a million questions that may flash through your mind, one of which may be: Is DUI a felony offense in Virginia?

The answer is … it depends.

Your first move after an arrest should be to obtain competent legal counsel. At The Wilson Law Firm, our Virginia DUI defense attorneys can tell you whether or not your DUI arrest constitutes a legitimate felony charge, and offer you much more. At our law firm, we have the knowledge, skills, and determination to see our clients through a vigorous defense against DUI charges.

When is DUI a Felony in VA?

Many DUI arrests result in a drunk driving misdemeanor charge; however, some arrests will result in a felony charge. According to Virginia law, anyone who has three DUI offenses “committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony.”

A DUI can also be charged as a felony when there is an accident with injuries. In addition to the criminal charges there could also be separate personal injury litigation. In the most famous instance of this, O.J. Simpson was found not guilty of murder at his criminal trial, but liable for wrongful death in his civil litigation.

Penalties for a Class 6 Felony Conviction:

• A Class 6 felony is a serious matter, and a conviction can result in:
• A mandatory minimum sentence of 90 days in jail
• A mandatory minimum fine of $1,000
• A mandatory loss of driver’s license for an indefinite period of time
• Potential loss of certain professional licenses or certifications
• A required Ignition Interlock system for every vehicle you own, co-own, or operate on a regular basis

A defendant convicted of a third DUI in Virginia may be declared a habitual offender if all three of their DUI convictions took place within a 10-year period. Habitual offenders may lose their driving privilege indefinitely, although in most cases they will be able to petition for reinstatement of restricted privileges in three years, with full privileges in five years.

Experience Matters

When you’ve been charged with a Class 6 felony for drunk driving, there are several options that a capable DUI criminal defense attorney will discuss with you. Our lawyers will not only look at the facts of your case to see if there is a chance to have your case thrown out completely, but we will provide you with other legal options as well. Some potential felony DUI options include:

• Get the traffic stop disallowed and the charges dropped if there is proof you were stopped illegally.
• Negotiate to downgrade the felony charge to a misdemeanor charge
• Challenge a previous DUI conviction to reduce collective prior DUIs to one DUI conviction
• At The Wilson Law Firm, we provide you with options, but the decisions are always yours.

Contact an Experienced Virginia Felony DUI Attorney Today

Is a DUI a felony in Virginia? The Virginia DUI lawyers at The Wilson Law Firm will give you the guidance you need to obtain the results you deserve. Contact us to schedule your free, confidential initial consultation today.