Category Archives: DUI
Are Drunk Drivers Automatically Guilty in Loudoun County?
No. The state must prove every element of a DUI, and not just the “under the influence” element, beyond any reasonable doubt. The “driving” element is usually very hard to prove, especially in more serious DUI collision cases. Additionally, during their investigations, police officers must closely follow all the rules and not take shortcuts…. Read More »
Should I Hire a DUI Lawyer or Go with a Public Defender?
We’ve all seen news magazine profiles that feature overworked public defenders. These tales are somewhat exaggerated, but they’re mostly true. Many public interest lawyers are overworked, mostly for economic reasons (more on that below). But for the most part, public defenders are capable defense lawyers. In fact, in some cases, going with a public… Read More »
Can You Expunge DUI in Virginia?
Maybe. Three primary expungement avenues are available, as outlined below. Expungement is the criminal records equivalent of a delete key. wiping out all law enforcement, judicial, and other records related to a criminal conviction. Record sealing is like White-Out (if you’re under fifty and you don’t know what that is you can Google it)…. Read More »
How Likely is Jail Time for the First DUI in Virginia?
Not very much, unless one of the four aggravating factors discussed below applies to the case. Additional jail time is particularly likely in the first two situations. Other enhancements, such as a prior DUI conviction, also apply. But since this enhancement changes a first-time DUI into a second one, we won’t discuss it in… Read More »
DUI Penalties in Virginia: Breaking it Down
Until around 1990, DUI laws in Virginia and most other states were quite weak. In fact, DUI was basically an enhanced traffic ticket. Furthermore, because of the way the law was worded, DUIs were hard to prove in court. For these reasons, DUI enforcement was weak as well. Today, things are different. The laws… Read More »
Watch Out for DUI Checkpoints
The number of fatal alcohol-related wrecks spikes over Labor Day Weekend. Largely for that reason, peace officers are usually out in force during this three-day weekend. Their show of force often includes DUI checkpoints. If they had their way, police officers would operate checkpoints every day of the year. But roadblocks are so costly… Read More »
What Do Cops Look For in a Field Sobriety Test?
When they administer the DUI eye test and other field sobriety tests, police officers look for clues that indicate intoxication. Usually, these clues are related to test performance or the ability to follow directions. Alcohol affects physical and mental abilities. Intoxicated persons cannot act or think straight. Although the science behind FST clues, and… Read More »
Finding the Right DUI Lawyer in Loudoun County
There’s no shortage of lawyers in Northern Virginia. In fact, the region has the highest number of lawyers per capita in the country. Almost all of them could handle a simple DUI case. However, there’s really no such thing as a simple DUI case. Unlike many other cases, DUIs usually involve legal, factual, and… Read More »
Evidence in a DUI-Drugs Offense in Loudoun County
Virginia has a very broad DUI-drug law. Section 18.2-266 applies to “any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature” that “impairs his ability to drive or operate any motor vehicle, engine or train safely.” Any drug could mean caffeine or other food additives, or Sudafed or another over-the-counter medicine…. Read More »
Direct and Indirect DUI Penalties in Virginia
The combined direct and indirect costs of a DUI conviction often exceed $20,000. These aren’t long-term costs. Most of them are due within three years after the conviction. Failure to pay this money could result in even worse direct consequences, like long-term incarceration. The costs are even higher if any aggravating circumstances, like a… Read More »
