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

A Breathalyzer device is a machine or device commonly used by law enforcement officials to measure the blood alcohol content (BAC) of an individual, such as a driver during a traffic stop who is suspected of DUI. Some devices are portable so they can be easily transported by law enforcement officers. Other models are designed to be stationary and placed in police stations. These devices are marketed and sold under various brand names, including Alcosensor, Intoxilyzer, BAC Datamaster, and Alcoscan.

Although many Breathalyzer devices are on the market, they all work in basically the same manner. Breathalyzers measure the alcohol content in a person’s breath, as opposed to alcohol blood tests, which directly measures BAC. Through an alcohol content measurement, the Breathalyzer device estimates the person’s BAC. It is well-established that alcohol blood tests are the most accurate way to determine a person’s BAC. However, due to their expense and inherently intrusive nature, i.e. drawing blood from a person’s body, Breathalyzer machines are the most common tool used by law enforcement to evaluate an individual’s BAC. Law enforcement agencies in all states rely heavily on Breathalyzer tests to charge individuals with DUI. Likewise, prosecutors often use Breathalyzer results as the basis for DUI convictions. Nonetheless, a variety of outside factors can directly affect the accuracy of breath test results, as can errors in the administration of Breathalyzer devices. As a result, some studies estimate that about 23% of individuals tested using this method will have an actual BAC that is significantly lower than the BAC reading, sometimes by up to 15%. Since BAC levels can govern whether a person is convicted of DUI, and in some states, the degree of the crime charged, having potentially false or misleading BAC results is extremely problematic. Let’s take a closer look at some of the outside factors and errors in administration that may affect the outcome of a Breathalyzer test.

Gastroesphageal Reflux Disease (GERD) and Breathalyzer Results

There are some medical conditions that directly impact an individual’s BAC reading. For instance, gastroesphageal reflux disease (GERD) is one medical condition that can directly affect the results of your Breathalyzer test. In fact, it can create a false positive reading or a test reading error. Most Breathalyzer machines are designed to measure alcohol content in the lining of your lungs. However, medical experts advise that it is the air deepest in an individual’s lungs that provide the most accurate measure of blood alcohol content. In an individual who suffers from GERD, alcohol actually can move from the stomach to the back of the throat. Therefore, an individual with GERD may register a much higher and wholly inaccurate BAC reading when taking a Breathalyzer test.

Likewise, even individuals without GERD may register incorrect BAC readings from a Breathalyzer if they have recently eaten a meal that produces a great deal of acid reflux, such as meals that are extremely greasy or spicy. The presence of acid in one’s breath or mouth can skew the BAC results to produce a false outcome. As a result, the presence of GERD in an individual may serve as a defense to DUI charges based on Breathalyzer test results.

Breathalyzer Results and Other Chemical Compounds

A Breathalyzer machine does not really measure alcohol, per se. Rather, it typically measures the level of the methyl group of chemical compounds, which the device assumes is ethyl alcohol. This is particularly the case with infrared breath testers. There are 70 – 80 different types within the methyl group structure. The problem with this fact about Breathalyzers is that other chemical compounds may be present in an individual’s breath that can cause false positive Breathalyzer test results. Some of these chemical compounds may exist in a person’s breath from the following activities:

• Breathing in gasoline, oil-based paint, propane, or varnish fumes
• Acetone production, commonly found in the breath of diabetics, as well as individuals who have gone on the Atkins diet or other types of low-carb diets involving fasting.
• Production of so-called “mouth alcohol” from the following:
  • Burping and belching
  • Denture
  • Periodental disease
  • Vomiting
• Consumption of Listerine, other types of mouthwash, breath strips, and breath spray
• Usage of some medications, including:
  • Nyquil
  • Albuterol
  • Cough syrup
  • Cold medicine
  • Toothache medicine
• Consumption of certain bread products
• Consumption of foods containing liqueurs
• Usage of lip balm
• Usage of smokeless menthol tobacco
• Prescribed use of inhalants, such as salbutamol, salmeterol, and budesonide, which are commonly used to treat asthma

One study estimates that the presence of acetone, for instance, can add a 0.06% BAC reading to any existing alcohol content, or even create a 0.06% BAC reading in someone who has drank no alcohol at all. On the other hand, it is a myth that substances that mask the odor of alcohol affect Breathalyzer results. Eating mints, onions, and garlic may cover up alcohol odors, but will not affect a Breathalyzer reading one way or another. Therefore, while the substances listed above can impact a Breathalyzer test result, substances that merely alter the odor of alcohol will not impact it.

Air and Body Temperatures and Breathalyzer Results

Another outside factor that can significantly alter Breathalyzer test results is temperature, include body temperature and air temperature. Having a fever at the time you undergo a Breathalyzer test can result in inaccurate results, as well. On average, for every 1 degree that your body temperature is above normal, your BAC reading will increase by 8%.

Likewise, an individual’s breathing rate also can have a direct impact on his or her BAC reading, as measured by a Breathalyzer. Vigorous exercise, hyperventilation, or holding one’s breath for only 30 seconds can substantially affect a BAC rate, by as much as 10%.

Finally, weather temperature can affect BAC readings, as well. If the Breathalyzer device is not calibrated or adjusted in order to account for the outdoor temperature, a Breathalyzer test that is administered outdoors may display an incorrect reading.

Radio Frequency Interference (RFI) and Breathalyzer Readings

With any instrument that contains electronic circuitry, including Breathalyzer devices, there is the chance that electromagnetic interference (EMI) from other devices can interfere with the instrument’s readings or results. This phenomenon is perhaps best illustrated by the effect that a microwave can have on a person’s pacemaker.

Other instruments, however, including many instruments commonly found at police stations, such as dispatch radio transmitters, walkie-talkies, cell phones, computers, and even fluorescent lighting can create such interference. As a result, the presence of these instruments can skew Breathalyzer result readings. Again, this type of interference can be the basis for challenging the accuracy of Breathalyzer test results in DUI cases.

Lack of Proper Maintenance and Testing

Another potential flaw in Breathalyzer devices is a lack of routine maintenance and appropriate testing. As highlighted by a recent Oklahoma Supreme Court case, Breathalyzer results may be insufficient to establish DUI where the results may be flawed due to a lack of maintenance or testing standards for the Breathalyzer used in the case. More specifically, the police department involved in the case had no written standards or procedures governing the testing or maintenance of these devices; as a result, the machines were used for about five years without any testing to determine that their readings were still accurate.

Another issue related to the maintenance of Breathalyzer machines is the need to calibrate the devices on a regular basis. If these devices are not regularly maintained and calibrated as needed, the results of an individual’s Breathalyzer test can be inaccurate. Law enforcement officials must maintain accurate records of calibration and maintenance of every Breathalyzer device used. If they fail to do so, then these elements are easily challenged in many DUI cases.

Lack of Training and Officer Inexperience

Police officers should be properly trained in the use of Breathalyzer devices in order to ensure that they are appropriately administered. For example, these devices often need to be calibrated prior to use. An inexperienced officer may fail to properly calibrate or otherwise ready the device before administering a Breathalyzer test during a traffic stop. This improper administration of the test may render results that are simply incorrect.

Be Cautious in Evaluating Breathalyzer Test Results

As these many examples illustrate, Breathalyzer test results can be affected by a wide variety of factors, ranging from environmental factors to medications, from consumption of certain products to operator error. The documented lack of accuracy in Breathalyzer test results can be an integral part of a strong defense to DUI charges. Given the many different circumstances that can affect a BAC reading taken from a Breathalyzer test, there are many alternatives available for challenging the test results. These challenges can lead to grounds to negotiate a lesser charge or penalty, or even to the dismissal of charges in some cases.

A Lawyer Can Help Find False Positive Breathalyzer Readings

Contact the Wilson Law Firm and speak with attorney T. Kevin Wilson, an experienced Northern Virginia DUI defense lawyer. Call toll free at (800) DUI - LWYR or (703) 361-6100 and get your legal questions answered. We will fight hard for your rights. Also, visit our website and download your FREE copy of DUI/DWI Arrest Survival Guide - The Guilt Myth, written by attorney T. Kevin Wilson. Read this book and avoid common mistakes that could hurt your case. Lastly, you can fill out the short form below.

A DUI arrest comes with many complications. During the arrest itself, your mind will likely be on the big picture: will you go to jail? Will you lose your license? How much will this cost you? But soon after your release, you will have to deal with dozens of smaller factors as well. One of those is getting your car back.

Your car’s fate depends on the circumstances of your arrest. There are three main outcomes, depending on the officers’ attitude and your driving record: they may leave it on the roadside, impound it short term, or impound it long term.

Left on the Roadside

If you have a valid driver’s license at the time of your DUI arrest, the arresting officers have some leeway in how to handle your vehicle. The best case scenario is that they simply leave it on the side of the road where they first arrested you. They may tag or mark it so Highway Patrol knows it has already been dealt with, or they may leave it as-is.

If this is the case, you can ask a trusted friend or loved one to come get it for you. You can also get it yourself once released as long as your temporary license is still valid. But you should act quickly: if it sits there too long, it could be considered abandoned and be towed.

Short Term Impoundment

Alternately, officers can choose to impound your vehicle. This is completely at their discretion. Leaving it on the roadside is the better of the two options, because it costs you nothing. But they may choose to impound it for several reasons:

• They don’t want to deal with calling your friend or relative to come get it.
• They want to search it for evidence. If it’s impounded, they have a right to.
• They want to make your life harder.

This last reason is surprisingly common. It’s usually the result of disrespectful or uncooperative behavior. It’s best to be polite and cooperative with the police, and if you are, they may not impound your vehicle.

If your vehicle is impounded in this manner, you will be able to get it back within a few days. You will have to pay the towing and impound fees, and will need ID to claim it.

Long Term Impoundment

If you were driving on a suspended license, police have little leeway. They have to impound your vehicle. This is true if your license was suspended administratively or as part of a criminal penalty—such as from a previous DUI. If this is the case your car will be impounded for a full 30 days upon your arrest. If you’re convicted, it could be impounded up to 90 more days.

The fees for impoundment are not cheap. They include the cost of towing, which is often $200 or more on its own, plus a per-day fee. The fee varies with location but can easily be $50 or even $70 per day. That can total over $8,000 in four months.

If the car is not yours, there is a ray of hope. The registered owner can come get the car out of the impound lot. But if they knowingly let you use the car without a valid license, they may face criminal charges of their own.

If you have been arrested for DUI, don’t let a conviction deprive you of your car—or cost you thousands. Call The Wilson Law Firm and get a free consultation today.

The good news: by doing the research you are doing right now, you have already started putting yourself in a better position to defend your DUI charges. In addition to retrieving information from valuable sources, The Wilson Law Firm submits the following suggestions in preparation for your pending case:

Document the situation to the best of your ability.

Your case will likely not be resolved in court for another 30 to 90 days and the chances that you will forget certain potentially important details is high. That is why It is important to document as many details as possible while the incident is still fresh in your mind. Every detail in your case has the potential to be important.

Be sure to include details surrounding events leading up to the actual arrest, including your meals eaten that day. Your food consumption and beverage intake during the period before the arrest may impact your Blood Alcohol Content (BAC). Also remember to include names of any witnesses and check with them to see what, if anything, they might be able to add to your recollection.

Consult with an experienced DUI firm.

If you have discussed your situation with anyone, it is likely they know someone who has been convicted of DUI and they want to tell you all about it. Your mailbox is probably flooded with advertisements from different attorneys. When you ask for information on a DUI charge, a Google search routinely delivers millions of results.

With all of these available sources of information, it is possible that you have actually come across some misinformation about DUI defense. Take some time to contact an experienced Virginia DUI firm so you can rid yourself of misinformation and get any remaining questions answered accurately.

Pre-enroll in VASAP.

Anyone convicted of an alcohol-related driving offense in the state of Virginia will be required to complete Virginia Alcohol Safety Action Program (VASAP). VASAP is a system of educational programs organized and operated by the state to “improve highway safety by decreasing the incidence of driving under the influence of alcohol and other drugs.”

Once you are arrested for a DUI, your information is automatically transmitted to VASAP. You will have the option, in most jurisdictions, to pre-enroll in the program. We recommend that you do this as it shows the courts you have taken the initiative to put yourself in a better position relating to your pending case.

Pre-enrolling in VASAP is not an admission of guilt. VASAP can help your case by providing positive feedback as to your admittance and attendance in the program.

Obtain a copy of your driving record.

A copy of your driving record covering ten (10) years of driving history provides much needed background information. The state will obtain this information and we will need to know what they are going to see to be prepared. If you have had a license in different states over the past ten years, contact each state’s DMV to obtain the necessary history. Most states allow you to request the report online, although some may require that you call to make the request.

Gather all commendations to help your defense.

Awards, certificates, letters of recommendation and proof of military status can have an impact on potential plea negotiations. Understanding who you are and from where you came can help to build a strong defense to get the charges against you reduced or dismissed entirely.

Contact a Virginia DUI Defense Attorney Today

For more information about DUI defense, call The Wilson Law Firm at (571) 364-6693 to speak with a qualified attorney today. We can educate you about Virginia DUI laws and help you take the appropriate steps toward an effective defense.

Most people associate DUI with drunk driving, but few people realize that drugged driving is just as serious. A conviction of driving while under the influence of drugs (DUID) in Virginia can lead to an array of consequences that can seriously impact your life.

You may have little understanding of the laws and procedures of the criminal justice system when it comes to DUID, and being arrested and charged is an stressful experience. Consulting with an experienced attorney will help to ease the pressure you are under by:

• Thoroughly investigating your case.
• Providing you with a strategic defense.
• Taking action to reduce your charges and penalties or even get your case dismissed entirely.

When arrested for DUID, you need the legal advice and guidance of an experienced DUI attorney who understands the complexities of DUID, which combines science with law. The Wilson Law Firm serves clients throughout the state of Virginia by providing results-oriented legal services to make a difference in the outcome of your case.

Virginia Drugged Driving Laws

Under Virginia law, it is unlawful for anyone to drive or operate a motor vehicle while under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs that impairs his or her ability to do so.

You can, therefore, be charged with a DUID if impaired by a street drug, prescription drug, or even an over-the-counter drug or a combination of these types of drugs found in a blood sample. A doctor’s valid written prescription is no defense if your driving was observably impaired. Many prescription drugs as well as over-the-counter drugs affect the nervous system, motor skills, and judgment. For example, cough syrups, allergy or cold medicines, and sleep aids are known to cause drowsiness that can affect one’s driving.

Virginia law also provides “per se” drugged driving violations, and the following specific drug amounts found in your blood while driving constitute a DUID:

• 0.02 mg of cocaine per liter of blood
• mg of methamphetamine per liter of blood
• mg of phencyclidine (a synthetic compound found in hallucinogens) per liter of blood
• mg of 3, 4, methylenedioxymethamphetamine (MDMA known as Ecstasy) per liter of blood

For all other drugs, including marijuana, specific DUID amounts are not addressed under Virginia law.

Call Us For Experienced DUID Legal Representation in Virginia

Nabbed for drugged driving in VA? Understand what the law prescribes and how a Virginia drugged driving lawyer can defend you.The attorneys at the Wilson Law Firm provide personalized service that is highly responsive to your needs along with proven experience and professionalism. Contact us to schedule your free consultation today – 24/7 availability. Call today.

If you are arrested for drunk driving, you will not only need to attend a court hearing but you will also be subject to administrative action by the Virginia Dept. of Motor Vehicles (DMV). The DMV actually plays a major role in determining when, or if, you can get your driver’s license back and what you must do in order for your license to be reinstated.

Many people who are arrested for impaired driving are surprised to find themselves coping with an administrative license suspension by the VA DMV. Others may not know how to navigate the agency requirements for reinstating a suspended license or getting a hardship license.

It is important to understand your rights and to be prepared for actions the Virginia DMV will take against you. The Wilson Law Firm can represent you both in your court proceedings and in administrative processes involving the DMV. Call or contact us online today to learn more.

Drunk Driving Triggers Action by the VA DMV

While you may be concerned that a judge is going to order a suspended license if you are convicted of drunk driving, the DMV is actually the first to act. As soon as you are arrested for impaired driving, the Department of Motor Vehicles will suspend your license. Depending upon whether you have any prior offenses, this administrative license suspension can remain in effect until your court trial at which time your license may be revoked for a period of time.

The DMV has imposed reinstatement requirements for getting driving privileges back after your license has been revoked or suspended. According to the Virginia DMV, there are a variety of requirements that you may need to fulfill before the agency will give back your license. Requirements may include:

• Providing the DMV with proof that all fines and court costs have been paid
• Providing the DMV with an SR22 or FR44 Certificate of Insurance from a licensed insurer in the state of Virginia
• Providing proof of successful completion of the Virginia Alcohol and Safety Program
• Completing an intervention interview with VASAP
• Providing proof that fees owed to the local regional jail or correctional facility have been paid
• Paying DMV reinstatement fees, which can range from $40 to $220
• Providing a court order demonstrating that restricted driving privileges are permitted

The DMV provides a Compliance Summary and Driver Transcript  with information on the specific requirements that you must fulfill in order for your license to be reinstated.

Contact Us for a Free Consultation

At The Wilson Law Firm, our experienced Virginia DUI lawyers are not only prepared to represent you in court but we can also help you in navigating the DMV maze. From fighting an administrative suspension to getting your license reinstated, our attorneys will do everything that we can to help you protect your right to drive.

To learn more about how we can help you with the Virginia DMV, contact us today at 703-361-6100 to speak with a member of our legal team.

As Virginia DUI lawyers, we often meet with clients who believe the case against them is unbeatable—that they will be convicted of DUI no matter what. In many cases that isn’t true, even if the evidence against them is strong. To prove that point, one of the first things we look at is police procedure. If the police didn’t follow the rules, your rights were violated. The entire DUI case could be dropped or key evidence could be suppressed.

Police can make mistakes at any of stage of the process: the initial traffic stop, talking to you on the roadside, or during the arrest.

The Traffic Stop

Police cannot just stop any vehicle for no reason. There are rules around who they can stop and why. In particular, these rules exist to prevent discrimination and to avoid harassing law abiding citizens.

Generally, police cannot pull over a vehicle unless they have some reason to believe a crime has been committed. For example, if they see you run a stop sign, they witnessed the law being broken and can pull you over. Or if they see you swerve, they might reasonably suppose you’re drunk or distracted. But they cannot pull you over just because you “look suspicious.” The reason for pulling you over should be noted in their report and lack of probable cause could get a DUI charge thrown out.

The exception to this is DUI roadblocks (“checkpoints”). At a roadblock they do not need probably cause because they screen all traffic equally, without bias.

Roadside

Once the police pull you over they will ask you for your license and registration, which you have to provide them. They will also look around and ask you questions. They’re trying to determine whether there are signs of alcohol, drugs, or any other broken law. But there are limits:

• They cannot search your vehicle unless they have a warrant, or you consent.
• They can ask you to take field sobriety tests (like balancing on a line) but you are not required to comply.
• They can ask you to take a PAS (roadside Breathalyzer test) but you are not required to comply if you haven’t been arrested.

Misleading you on any of these points, or forcing you, is a violation of your rights and could lead to evidence being censored.

Plus, as we’ve covered before, squad cars outfitted with video cameras are supposed to use them—with audio on—and failing to do so can get your charges dropped.

The Arrest

When the police arrest you they must read you your Miranda rights. This is the famous “right to remain silent” talk. If they don’t, once again your entire case could be challenged.

After the arrest, you are legally obligated to submit to a blood alcohol test. This can be a blood, breath or urine test. Refusing it is a crime in its own right. However, police are supposed to inform you of this when asking you to take the test. If they did not explain that refusing is a crime, the charge of refusal could be dismissed.

The only way to take advantage of these violations is to understand due process and your legal rights. That’s where your DUI lawyer comes in. If you’ve been arrested for DUI in Virginia, contact us and get a free case review today.

Recently we discussed the mouth alcohol defense, Breathalyzera defense that’s used when trace amounts of alcohol in the mouth throw off a breath test. But breath tests aren’t the only kind of chemical test that police use in DUI cases, and some factors can fool all of them across the board. One of the most serious is “rising BAC.”

What is Rising BAC?

Rising alcohol refers to the fact that your blood alcohol concentration (BAC) continues to go up long after you had your last drink. BAC is the truest measure of how intoxicated you are, because it measures the actual amount alcohol in your bloodstream, not just how many drinks you consumed or when. Different individuals can feel very different in terms of inebriation after having, say, three drinks each. But two individuals with the same BAC will experience a nearly identical level of impairment.
“Impairment” here is the key word. The law says you cannot drive if you are impaired by alcohol, and the threshold is set at .08% BAC. If you’re pulled over and have your BAC tested immediately, then — if done properly — the result should be a very accurate measure of how impaired you are.

But what if the test isn’t done until hours later?

Common sense would tell us that you would be less drunk, i.e., you’d have a lower BAC. But that’s not the case. Instead, BAC continues to rise for hours after you stop drinking, because it takes time for your body to absorb all of the alcohol. The result: you could be within the legal limit while driving, get arrested for DUI, and be over the limit by the time they finally test you.

Rising BAC as a DUI Defense

Judges don’t always like the rising BAC defense. This is partly because it’s hard to prove, and partly because law enforcement can’t always issue a proper blood or breath test immediately. They may have to take other calls before getting you back to the station, or may need time to get the equipment ready before they test you. In some cases, the jail facility is simply busy.

However, the science is clear that delaying a blood or breath test can cause an unfairly high BAC result. And there are plenty of cases where rising BAC has been enough to give a jury reasonable doubt and lead to an acquittal, or simply get a favorable offer from a prosecutor. Generally, the defense works best if your tested BAC was close to the legal limit, and if there was a clear, documented delay of an hour or more before you were tested.

Could rising BAC have affected your case? If so, you may have a strong defense against your DUI charge. Let the experienced DUI attorneys of The Wilson Law Firm help you with that defense.

In most Virginia DUI / DWI cases, the breath or blood of the accused is taken and analyzed in an attempt to come up with an estimated breath / blood alcohol concentration.  If the accused blows into a breath testing machine, it will immediately print a certificate with a number on it which represents the estimated breath alcohol concentration of the accused at that time.  On the other hand, if the case is one in which a blood sample was taken instead of a breath sample, the blood sample must be sent to the state laboratory for analysis.  Once the analysis is completed, a certificate reflecting the estimated blood alcohol concentration (BAC) is returned to the Court.  When done properly, blood alcohol testing is more reliable than breath alcohol testing, but it can take weeks or even months to get the certificate from the state lab.  In fact, it is common for the government / prosecution not to have the blood test result on the first court date - which often results in those cases being continued / delayed to allow additional time to get the BAC estimate from the lab.  Eventually the analysis will be completed and the BAC estimate will be filed with the Court.  Once that has happened, a copy of it can be obtained by the accused or counsel for the accused.

If you have been accused of a DUI / DWI in Virginia and would like to know more about DUI / DWI law in  Virginia, the punishments for DUI / DWI in Virginia or some of our amazing DUI / DWI victories, give us a call at 703-361-6100 and we'll be happy to discuss your situation with you in more detail. 

Fees and Payment Policies of The Wilson Law Firm:  DUI / DWI Defense

When shopping for a vehicle, if basic transportation is all you need, perhaps you won’t insist on the benefits, security and service of a more expensive luxury vehicle. On the other hand, if you need - or want - the benefits, security and service of a luxury vehicle you won’t even consider the numerous less expensive basic transportation options.  The same holds true when searching for a Virginia DUI / DWI Lawyer.   

Our fees will not be the lowest you will find, so if all you want is a "basic transportation" lawyer, The Wilson Law Firm is not the firm for you.  However, if the outcome of your case is important and you understand the need for the benefits, security and service of something more than a "basic trasportation", run-of-the-mill lawyer, The Wilson Law Firm may be just the firm you’re looking for.  Effectively defending DUI / DWI cases in Virginia requires knowledge of, and familiarity with, the intricacies and complexities of law, science, medicine, toxicology and physiology. The lawyers of The Wilson Law Firm have a unique combination of extensive education, specialized training and vast experience dealing with these complex areas specific to the field of DUI / DWI defense in Virginia which sets them apart from other lawyers, and is presumably why clients have to come from all across Virginia seeking the assistance of The Wilson Law Firm.

DUI Attorney Costs Are Usually A Flat Rate

The fee to hire The Wilson Law Firm is always a reasonable flat rate fee so our clients know exactly what the fee will be at the outset. The specific fee for a particular case will vary significantly depending on the facts and circumstances of the case and the lawyer who handles the case. After we learn a bit more about the facts and circumstances of your case, we will be in a better position to tell you about the fee for us to handle your case. In any case, the initial consultation is free, so there is no risk on your part.  After that initial discussion, if you are not convinced The Wilson Law Firm is the best firm for the job, you can simply elect not to hire us and you won’t owe us a thing.  On the other hand, if you decide The Wilson Law Firm is the firm you want and need, we will be happy to assist you and add you to our ever growing list of satisfied clients. 

Of course, we accept payments via cash, check and money order, but since we understand the cost of hiring a DUI / DWI defense lawyer is a sudden and unexpected expense, we also accept credit card payments - which may help with budgeting.

DUI Defense Attorney Fees Are Cheaper Than A Conviction In The Long Run

What are you waiting for? We have helped thousands of clients all across Virginia - and we can help you, too. Contact us by filling out a form here.

Call now and put The Wilson Law Firm to work for you, (703) 361-6100.

Ther term arraignment is a general term which means different things in different states, and even means different things in different courts within a given state.  In Virginia, it is common to use the term "arraignment" to refer to the first appearance before the Court.  If you are held in jail after being arrested, the arraignment usually takes place the following morning, or the next day the court is open.  If you are released from custody (either after posting a bond or on your own recognizance) the arraignment is typically scheduled for a few days later. 

Substantively, the arraignment is a brief administrative hearing at which the Court will typically do the following: 

• inform you of the charge against you and make sure you understand it
• inform you of your right to be represented by an attorney
• inquire whether you plan to hire a lawyer, ask the court to appoint a lawyer or represent yourself
• inform you of your next court date

• The knowledgeable, experienced and successful Virgnia Criminal Defense Lawyers of The Wilson Law Firm can discuss the Virginia arraignment process and other matters involving criminal defense with you in more detail. 

It depends.  Many Virginia courts do not require the accused to appear for the arraignment, as long as an attorney has been hired and the lawyer takes the necessary steps to excuse the accused from having to appear.  Some courts require the lawyer to actually appear in court on behalf of the client, while other courts simply require the lawyer to formally inform the court that they will be representing the accused.  In any event, as the accused the best course of action is to assume that you must appear in court for the arraignment unless you hire a lawyer and have been assured by the lawyer that your appearance is not necessary.  

Remember that breath testing for alcohol rests on the premise that there is a known ratio between the amount of alcohol in your blood and the amount of alcohol in your breath - so the machine is attempting to measure the amount of alcohol in the breath coming from your lungs.  If you have alcohol in your stomach, the amount of alcohol in the air in your stomach is significantly higher than the amount of alcohol in your lungs.  Burping and belching can falsely elevate breath test results by contaminating your breath sample with liquids and gases from your stomach.  Simply stated, the breath machine may have measured alcohol from your stomach rather than from your lungs.

No.  The term DUI generally refers to driving under the influence, and the term DWI generally refers to driving while intoxicated.  Although some states draw a distinction between the terms and make one a less serious offense, Virginia does not.  Virginia's DUI / DWI law covers them both and even uses both terms in the statute.  The statute is titled "Driving...While Intoxicated, etc." and the substantive text of the law reads thou shall not "drive....while under the influence...."  In Virginia, there is no difference between the terms DUI and DWI:  they are interchangeable. 

There is no Difference Between DUI and DWI in Virginia

Call us at (703) 361-6100 to learn about your options, click here to download our free book The DUI/DWI Arrest Survival Guide! or start a chat right now 

Of course I can, but it would be a very lengthy and complex discussion.  In a nutshell, Virginia DUI / DWI law can be separated into two categories:  (1) cases involving impairment of the driver and (2) cases which have nothing to do with impairment of the driver. 

Virginia DUI / DWI cases involving impairment of the driver:  These cases are sometimes referred to as "common law" DUI cases.  Virginia DUI law makes it illegal to: 

• Drive while under the influence of alcohol.  
• Drive while under the influence of drugs to a degree that it impairs your ability to operate a motor vehicle safely.  

NOTE:  Successful prosecution of these cases does not require any proof of the amount of alcohol or drugs in the driver's body.  This is the law under which DUI / DWI offenses are prosecuted when there is no breath or blood test to rely upon. 

Virginia DUI / DWI cases which have nothing to do with impairment of the driver:    These cases are sometimes referred to as "per se" cases because the proof of the violation is a measurement.  Virginia DUI law makes it illegal to:  

• Drive with a prohibited amount of alcohol in your system. 
• Drive with a prohibited amount of specific drugs in your system. 

NOTE:  Successful prosecution of these cases does not require any proof that the driver was impaired by alcohol or drugs.  The violation is simply driving with the prohibited amount of alcohol or drugs in your body.

The officer must have thought there was enough other evidence to suggest you were impaired by alcohol and/or drugs.  Remember, in Virginia it is illegal to drive if you are impaired, even if your blood alcohol concentration (BAC) is less than 0.08.  

Maybe.  If you are eventually convicted of a DUI / DWI in Virginia, you may or may not be sentenced to serve time in a local jail or a state prison - it just depends on the specific facts and circumstances of your particular case.  Some DUI / DWI offenses in Virginia have mandatory jail/prison sentences, while others do not.  In addition, many DUI / DWI cases involve aggravated facts and circumstances that are so bad that you could end up being incarcerated by a judge or jury - even though Virginia DUI / DWI law doesn't require it.

Virginia DUI / DWI offenses involving specific facts and circumstances have mandatory minimum jail/prison sentences.  If you are convicted of a DUI / DWI with the following aggravating factors, your jail sentence can be no shorter than listed below, but it can be longer - all the way up to the maximum punishments allowed.

• Breath or blood test results of 0.15 or more.....................5 days
• Transporting a passenger 17 years of age or younger.......... 5 days
• 2^nd offense within 5 to 10 years.................................10 days
• 2^nd offense within 5 years.........................................20 days
• 3^rd offense within 5 to 10 years...................................90 days
• 3^rd offense within 5 years......................................... 6 months
• 4^th, etc.offense within 10 years.....................................1 year

It depends on the court in which the case is tried and whether you are charged with a misdemeanor or a felony.  The Virginia court system has three different trial courts: Circuit Court, General District Court and Juvenile and Domestic Relations District Court.  Under Virginia law, a drunk driving case could be brought to trial in any of the three courts, but jury trials are only available in the Circuit Court.  There are no jury trials in either the General District Court or the Juvenile and Domestic Relations District Court in Virginia, so all cases which come to trial in those courts are decided by a judge. 

In Virginia, misdemeanor level drunk driving cases with juvenile offenders are typically heard in the Juvenile and Domestic Relations District Court, and misdemeanor level drunk driving cases involving adults are typically heard in the General District Court, so most DUI / DWI cases that go to trial in Virginia are decided by a judge.  However, if you are found guilty in either of those courts you have the automatic right to appeal the case to the Circuit Court for a new trial. At this new trial in the Circuit Court you have the right to have a jury trial.  All felony DUI / DWI offenses in Virginia are tried in the Circuit Court, so you have the right to have a jury trial.

Yes, but don't panic yet.  Every conviction for a drunk driving offense in Virginia triggers a mandatory suspension of your license.  If your license was not issued by Virginia, a conviction for DUI / DWI in Virginia will result in a mandatory suspension of your privilege to drive in Virginia.

It depends on whether it is your first DUI / DWI offense, second DUI / DWI offense or third (or more) DUI / DWI offense.  A conviction for drunk driving in Virginia results in mandatory suspension of the license (or privilege) to drive in Virginia as set forth below:  

• 1^st offense.................................12 month suspension
• 2^nd offense in 10 years...................3 year suspension
• 3rd (or more) offense in 10 years......indefinite suspension

If you have been arrested and accused of Driving Under the Influence, or some other Criminal or Traffic violation and would like to speak with a Virginia DUI / DWI Criminal & Traffic Defense Lawyer, call The Wilson Law Firm at 703-659-9740 and we’ll be happy to discuss your situation with you in more detail.

Maybe - it depends on whether it is your first DUI / DWI offense, second DUI / DWI offense or third (or more) DUI / DWI offense.  

• 1^st offenses: If this is your first conviction for a DUI / DWI, Virginia courts have the authority to grant restricted driving privileges immediately. However, just because the court has the authority to do so, doesn't mean the court will agree to do so. In many cases where the court could grant restricted driving privileges, the court will refuse to so until some time has passed and/or until the court has a report from a substance abuse education and treatment program which discusses the person's level of abuse and dependence on alcohol, likelihood to reoffend, etc.  
• 2^nd, 3^rd, 4^th, etc. offenses: If this is your second, third, fourth, etc. conviction for DUI / DWI within 10 years, Virginia courts do not have the authority to grant restricted driving privileges until some time has passed. The length of time that you must wait depends on how many times you've been down this road, and it can be as short as 4 months or as long as 3 years, depending on the facts and circumstances of your case.  

It is important to note that unless and until you are granted restricted driving privileges, you are not allowed to drive at any time, for any reason, and if you are caught driving during this time you will likely be arrested and taken to jail.

If you and your lawyer are successful in persuading the court to grant you restricted driving privileges after being convicted of a DUI / DWI, Virginia law enables courts to allow driving for a few limited purposes, such as:

• to get yourself to work
• to drive during work if your job requires you to do so
• to get yourself and your children to school
• to get yourself, your children, your parents and household members to doctors
• to get your children to day care
• to get to court ordered visitation with your children
• to get to alcohol education and treatment programs
• to appointments with a probation officer
• to programs required as a condition of probation  

Although Virginia law does not require it, most courts in Virginia place arbitrary limitations on the number of hours per day and the number of days per week you will be permitted to drive - and will not allow you to drive around the clock, seven days a week, even for the purposes allowed.  So, if you are convicted of a DUI / DWI in Virginia, and you are successful in getting the court to grant you a restricted license, you will only be allowed to drive for a few limited purposes, and only during certain hours.