Alexander Law Office: Exceptional DUI & DWI Defense
Richmond and Central Virginia Drunk Driving Defense Lawyer, Standish Alexander, Can Help
If you are facing a drunk driving charge in the state of Virginia, you need experienced legal advice and representation from an attorney who cares about your case. A DUI Conviction Has Severe Consequences
Virginia has some of the strictest DUI / DWI laws in the country. For a first offense DUI in Virginia, there is a mandatory one year license suspension (however the defendant can ask the court for a restricted license). There is a mandatory five day incarceration period for a first offense DUI if the B.A.C. (blood alcohol content) is 0.15% or higher and a mandatory ten day incarceration if the B.A.C. is 0.20% or higher.
A second offense DUI in Virginia within five years of a first offense ten years will result in a three year license suspension with no eligibility for a restricted license for one year as well as a twenty day mandatory minimum incarceration period. A second offense within five to ten years will also result in a three year license suspension, however, the defendant will be eligible for a restricted license in four months. There is a mandatory ten day jail sentence for a second offense DUI within five to ten years of a first offense.
A third offense DUI in Virginia within ten years is a felony in Virginia. There is a mandatory three year revocation of the offenders driving privileges in Virginia for three years with no eligibility for a restricted license.
For drinking drivers under 21 having a B.A.C. from 0.02 to 0.08 is a criminal offense punishable by a mandatory six month license suspension and up to a $500.00 fine. Underage drinkers are treated the same as drinkers that have reached the age of majority when their B.A.C. is 0.08 or greater. Learn more about VA DUI penalties. A DUI will stay on your driving record for 11 years and is six point offense in Virginia.
What is a restricted license?
A restricted license is a limited privilege to drive under certain circumstances. Generally speaking, if authorized by statute, a restricted license can be granted with the approval of a Judge for the following situations and circumstance: 1. To and from work and during work if driving is required by the defendant's employer. 2. Medically necessary travel for the defendant, children and elderly residents of his or her household. 3. Taking children to and from daycare and/or school. 4. Travel to and from VASAP.
The consequences are very severe if you are caught by the police driving outside of those restrictions. Most Judges will impose jailtime and DMV will revoke your license for one year with no eligibility for a restricted license.
The Stages Of A DUI Arrest
DUI's are complex and challenging cases. I examine the procedures that were used by the police in each stage of a particular to determine if my client's legal rights were violated.
The Stop
To successfully prosecute a DUI in Virginia the police have to have lawfully stopped your vehicle. This means that they must either observe a traffic violation or erratic driving behavior that gives rise to probable cause as to impairment.
The Investigation
If the police stop a driver and he or she looks, smells or sounds like they are impaired they can investigate further. They can ask questions about how much drugs and/or alcohol the driver has consumed. They can also conduct field tests known as field sobriety tests to determine impairment.
Field Sobriety Tests
The police ask a suspect to perform various tests to determine if they are impaired. They may ask the individual to stand and balance on one leg, or walk in a straight line or to close their eyes and touch one finger to their nose. They may also ask the suspect to perform alphabetical or numerical sequencing tests. The results of these tests and the cirumstances under which they are given are important. Poor performance on them results in legally sufficient probable cause for an arrest. However, they must be given on a hard flat surface and any physical or mental injury or disability must be ruled out as a factor(s) effecting performance.
The Arrest
Based on what the officer has observed as to the appearance of the driver, and/or statements they have made, and/or the results of the field sobriety tests the officer may or may not have probable cause for arresting the driver for driving while intoxicated. If they do not have probable cause for an arrest the results of the breathalyzer at the police station are not admissible in court. However, the driver can still be convicted of a DUI based on circumstantial evidence.
The Breath Test And Implied Consent
Assuming that there was probable cause for a DUI arrest the results of that test are presumptively admissible in Court in Virginia. That means that the results will come into evidence unless your attorney can prove that the test was improperly administered or that the machine was improperly calibrated or that there were unique physiological factors that resulted in an inaccurate reading. If you refuse to participate in the breath test and the police had probable cause to arrest you for a DUI you can be charged with the separate crime of Refusal which carries an automatic 12 month license suspension. That is because in order to drive in Virginia you are deemed to have impliedly consented to take a breath or blood test for intoxication if the police have probable cause to arrest you for a DWI/DUI.
If you have been charged with a DUI and your legal rights were violated during either the traffic stop, during the field sobriety tests, or the administration of the breathalyzer at the police station the charges against you may be dropped or reduced.
My experience with the local jurisdictions provides me with insight into the various consequences you may be facing within a particular jurisdiction. The consequences can vary greatly, and my defense strategies are tailored to achieve the best outcomes possible in your individual case.
I represent those charged in the city of Richmond and the surrounding areas of central Virginia including the cities of Petersburg, Hopewell and Colonial Heights, and the counties of Chesterfield, Henrico, Dinwiddie, Hanover, Goochland, New Kent, Charles City, Caroline, Spotsylvania, and Prince George.
Charged with a DUI? Get help now. Call Standish Alexander at 804-355-0016 or send an e-mail for a free case evaluation.
