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Virginia DUI, Driving Under the Influence (DUI/DWI) - Richmond, VA DUI Lawyer

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Yet, we all do stupid things --- lots of stupid things if we live long enough. If you get convicted of a single DUI charge does that make you a bad person? Not necessarily. Few people consciously drink too much and then get behind the wheels of their cars to drive home or somewhere else.

But some statistics show that DUI offenses are rising in Virginia. Is this because there are more people driving? Is it because more people are driving after drinking too much? Is it because law enforcement is increasing its efforts to detect and capture impaired drivers? Is is because prosecutors are winning more cases? The rise in DUI convictions is probably is a combination of all of these factors.

The bottom line is that most folks who go out to dinner or to a sports bar, or a dance club, or to a friend's party, have no intention of getting drunk and then hopping into their cars. Their mistakes occur because they don't realize that even a few beers, a couple of glasses of wine, or a Scotch or two can boost their Blood Alcohol Concentration (BAC) to a level above the 0.08 per cent that qualifies as driving "while impaired" under Virginia law.

Most people facing a DUI charge are content to go to court and "take their medicine" because they assume they are guilty because they failed the breath test. But would they be so eager to concede the point if they knew the facts about alcohol consumption and absorption? Most people adhere to the myth that drinking coffee will "sober you up." Not  true! Alcohol doesn't react to coffee in any meaningful way.

Many believe that the BAC begins to fall immediately after the last drink is consumed. That is not true for everyone.  People have different metabolisms, and hence, different absorption rates.  Alcohol ingested goes to the stomach to be "processed." If there is undigested food already there, the alcohol absorption process will be delayed, and the alcohol may not get into the blood system for a longer time. Many people whose breath tests at the station house reveal a BAC of 0.8 to 0.10 are convicted of DUI even if their BAC was below that level when driving. In other words, because they were ignorant of defenses available to them, or their attorney missed a step or two in preparing the case, many innocent people are convicted of drunk driving.

An aggressive, experienced attorney is a good ally in any criminal case, and if you are charged with drunk driving, you should give weighty consideration to hiring the best attorney you can to represent your interests.

Blog for DUI & Reckless Driving (Driving Under Influence)

• Punishments for Misdemeanors in Virginia
• Virginia's "Implied Consent" Law Can Be Challenged
• One Reason Why You Need a Lawyer to Fight Your DUI/DWI Arrest
• Virginia's Mandatory Breath Test Law
• Virginia Breathalyzer Results Not Always Accurate to Prove DUI Cases
• How a Preliminary Breath Test (PBT) Can Ruin Your DUI Defense
• Preliminary Breath Test for Virginia DUI
• Virginia Senate Committee Approves New Traffic Laws
• Exercising Your Rights Can Prevent a DUI Conviction
• Clemson Study Reveals Field Sobriety Tests (FSTs) Not Reliable for DUI/DWI Purposes
• Reckless Driving and DUI Are Crimes in Virginia
• Alleged DUI Crash in Tidewater Area Involved State Trooper
• Virginia State Police Statistics Disprove Link Between Drinking and Auto Accidents
• Attorneys Challenge Use of Intoxilyzer 8000 in DUI Cases
• DUI Miscues
• Nude DUI Arrests in Cornhusker State
• Drunk Driving News
• Tougher driving comes with DUI conviction

Library for DUI & Reckless Driving (Driving Under Influence):

• Virginia's "Implied Consent" Statute Compels One Charged With DUI to Give Evidence Against Himself or Lose His License   
  Description: Despite being violative of one's right against self-incrimination, Virginia's implied consent law requiring a person arrested for DUI to submit to a breath or blood test for alcohol, is valid.
• What We've Been Saying! Former policeman attacks procedures in DUI arrest!   
  Description: Over the past 2 years we have been advising visitors to the website to exercise patience and their right to not incriminate themselves in a police traffic stop for reckless driving or DUI.
  
  This comment from a former police office that was posted to a DUI website earlier this week reinforces what we have been saying.
• Field Sobriety Tests (FSTs) have been proven to be unreliable indicators of driver impairment, though most people do not know this. Find out what you should know before deciding whether to do them or not.   
  Description: Performing Field Sobriety Tests (FSTs) when you are stopped for suspicion of DUI / DWI may not be in your best interests, and could ruin your chances of getting a favorable outcome in court after you are charged. Richmond, VA, Reckless Driving Attorney, Virginia DUI attorney
• The Shocking Unreliability of Field Sobriety Tests to Determine Probable Cause for DUI [PDF]   
  Description: Field Sobriety Tests (FSTs) routinely given to suspected drunk drivers have been proven to be unreliable indicators of impairment. Independent tests by Clemson University professors in 1994 demonstrated that police officers could not determine from the performance of FSTs alone whether a person was "too drunk to drive."
• Police Chief of Alexandria Virginia Charged With DUI in Arlington Accident   
  Description: Twenty-plus years of law enforcement service may be ending soon for Alexandria Chief of Police David P. Baker, who has been charged with DUI following an accident that sent one person to the hospital with non-life threatening inuries. News reports have attributed his BAC to have been 0.19, more than twice the legal limit for impairment.
• What Happens in Your DUI Trial   
  Description: Richmond Virginia DUI attorney gives a brief explanation of what one can expect when charged with DUI or DWI in Virignia. Areas covered are the arraignment, trial in general district court, and appeal to circuit court.
• Constitutional RIghts May Take Another Hit If President's Nominee is Confirmed as Head of NHTSA   
  Description: Virginia DUI lawyer and ex-FBI agent Tony Stelly believes drunk driving laws are going to get tougher. MADD CEO Chuck Hurley's nomination to be head of the National Highway Traffic Safety Administration (NHTSA)is likely to result in harsher sentences and a lowered standard for conviction of DUI. As the former head of MADD, Hurley was a proponent of lowering the BAC level for conviction of DUI, and for installation of ignition interlock devices on all cars. An editorial in the Washington Times points out, this is the wrong man for this job.
• DUI Statutes and Procedures and Your Constitutional Rights [PDF]   
  Description: Consitutional rights of Virginians fly out the window when they are stopped for suspiciion of DUI. California attorney Lawrence Taylor granted me permission to post the transcipt of a speech he gave on this topic. It is very interesting reading for all.
• Gallup Poll Reflects Public Attitudes About Drunk Driving [PDF]   
  Description: A survey conducted by the Gallup organization was presented to the National Highway Transportation Safety Administration (NHTSA). It is believed the NHTSA commissioned the survey and therefore the results may be suspect by many as being biased. You decide.
• Field Sobriety Tests Myths   
  Description: In an article published in The Champion, the history of field sobriety tests is discussed, and the results called into question.

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Case Results for DUI & Reckless Driving (Driving Under Influence):

• Goochland DUI Case Dismissed
• "Justification" Defense Wins Driving on Suspended License Charge
• "Justification" Defense Wins Driving on Suspended License Charge
• "Justification" Defense Wins Driving on Suspended License Charge
• Henrico Reckless Driving Charge Reduced to Speeding on Appeal
• DUI Dismissed in Chesterfield
• DUI Charge Reduced
• DUI Charge Avoided -- Reckless Driving Charge Dismissed
• Mandatory Jail Time Avoided In Hanover DUI Case
• Drunk Driver Takes Big Hit

Awarded: Confidential

Web Resources for DUI & Reckless Driving (Driving Under Influence):

• Virginia DMV Statistics on DUI Related Auto Accidents 1982-2007

  Description: Virginia's DMV published statistics purporting to show the number of alcohol-related auto accident crashes for each year from 1982 through 2007. This is a helpful source of information for drivers and DUI defense lawyers.

• Estimate Your BAC Before Going "On the Town" So You Can Drive Home Safely

  Description: Toronto criminal lawyer for impaired driving/drunk driving, Ron Jourard, suggests you use the calculator to determine your blood alcohol level at the time of the traffic stop.
  
  Mr. Jourard defends drinking driving charges in Toronto, Brampton, Newmarket, Oshawa, and beyond.
  
  The calculator is provided courtesy of Toronto criminal lawyer Ron Jourard and forensic toxicologist Gerry Kupferschmidt.

• Virginia's "Open Container" Law

  Description: Code section 18.2-323.1 prohibits a person operating a motor vehicle on the state's highways from consuming alcoholic beverages while doing so. If an "open container" of alcoholic beverage is within the passenger compartment, the statute describes circumstances under which rebuttable presumptions that the driver violated the statute may arise.

• Penalties for Driving While License is Suspended or Restricted After Conviction of DUI

  Description: Code section 18.2-272 provides the penalties for driving outside the terms or time frame of a resticted license, or driving after one's license has been revoked or suspended in connection with a DUI conviction or similar administrative suspension.

• Terms of Probation and Education and Treatment of Persons Convicted of DUI in Virginia

  Description: Code section 18.2-271.1 describes what conditions the court must consider to impose on those convicted of DUI.

• Penalties for DUI in VIrginia

  Description: Code section 18.2-270 sets forth the penalties one may face upon conviction of DUI in Virginia.

• Evidentiary Presumptions From Blood or Breath Test Results

  Description: Code section 18.2-269 sets forth the presumptions the fact finder may draw from blood or breath test results.

• Virginia Statute Specifying Evidence That May Be Used in DUI Trials

  Description: Code section 18.2-268.10 sets forth the types of evidence that may be used at a DUI trial, and how evidence may and may not be used.

• Penalties for Refusal to Take Breath or Blood Test in DUI Cases

  Description: Code section 18.2-263.3 describes the procedures and penalties used when a person suspected of DUI refuses to submit to a test of his breath or blood.

• Virginia's Implied Consent Law in DUI Cases

  Description: Code section 18.2-268.2 is Virginia's implied consent law. Basically, it requires anyone operating a vehicle on the state's highways to take a breath or blood test if they are suspected of or arrested for DUI. This is not to be confused with the preliminary breath test mentioned in section 267, which is optional. This test is most frequently administered at the police station using the Intoxilyzer 5000 breath testing machine. A refusal to take this test, if found to be unreasonsonable, will upon conviction result in suspension of one's driver's license for one year -- without possibility of getting a restricted license during that time.

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