Criminal DUI DWI Defense

Criminal Defense, DUI / DWI Lawyers Providing Aggressive Representation.

Our DUI / DWI lawyers serve clients in order to serve justice and protect individual rights.  We firmly believe in the sanctity of constitutional rights including the presumption of innocence, the right to be free from unreasonable searches and seizures, and the right to protection from self-incrimination.

Our criminal defense, DUI / DWI lawyers bring years of experience to the table to counsel and represent clients charged with a broad range of criminal offenses including: DUI or DWI, reckless driving, drug related offenses, and white collar crime offenses.

Every citizen has specific rights under federal and state laws when faced with criminal charges. These protections are essential to our nation’s system of justice and inseparable from the notion of a free and fair society. In order to ensure that your rights are protected it is highly recommended that you contact a lawyer before speaking to law enforcement authorities or anyone else concerning any criminal allegations or charges brought against you such as DUI / DWI.

Driving Under the Influence or Driving While Intoxicated (DUI / DWI) Offenses

Being charged with DUI/DWI can be a harrowing experience.  A conviction for often has a far-reaching impact on a person’s life, including the loss of one’s driver license, fines, costs, and increased insurance rates, embarrassment, and even jail time.  Because of the great detriment caused by such penalties it is important that the law pertaining to DUI/DWI related offenses by interpreted strictly and accurately by the Courts so that the innocent are not convicted and the guilty are not punished more harshly than the law requires.  The only way to ensure that your case is handled properly is to utilize the services of an experienced DUI/DWI lawyer who is thoroughly familiar with state and local law and procedures related to DUI/DWI laws. Our criminal defense attorneys work hard to protect client rights and avoid unjust results.

The Virginia DUI/DWI statute for Virginia may be found at Virginia Code § 18.2-266.

  • It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely…

The portions applicable to preliminary breath tests (these are the field breathalyzers) may be found at Virginia Code § 18.2-267.  It is important to remember that these sections only apply to preliminary breath tests and not the more official breath test taken after the arrest for DUI/DWI .  Speak to a DUI / DWI lawyer to learn more about the importance of this distinction.  Here are a few excerpts from that statute.

  • A. Any person who is suspected of a violation of § 18.2-266, 18.2-266.1, subsection B of § 18.2-272, or a similar ordinance shall be entitled, if such equipment is available, to have his breath analyzed to determine the probable alcoholic content of his blood….
  • C. Any person who has been stopped by a police officer…and is suspected by such officer to be guilty of an offense listed in subsection A, shall have the right to refuse to permit his breath to be so analyzed, and his failure to permit such analysis shall not be evidence in any prosecution for an offense listed in subsection A.
  • D. Whenever the breath sample analysis indicates that alcohol is present in the person’s blood, the officer may charge the person with a violation of an offense listed in subsection A…
  • E. The results of the breath analysis shall not be admitted into evidence in any prosecution for an offense listed in subsection A, the purpose of this section being to permit a preliminary analysis of the alcoholic content of the blood of a person suspected of having committed an offense listed in subsection A.
  • F. Police officers ……shall, upon stopping any person suspected of having committed an offense listed in subsection A, advise the person of his rights under the provisions of this section.

Once a person has been arrested for suspected DUI/DWI, they are usually required to take an “official” breath test.  The results of this test is almost always used as evidence against you in court.  The statutory provisions related to this process may be found at Virginia Code § 18.2-268.2.  Here are a few excerpts:

  • A. Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance within three hours of the alleged offense.
  • B. Any person so arrested for a violation of clause (i) or (ii) of § 18.2-266 or both, § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.
  • C. A person, after having been arrested for a violation of clause (iii), (iv), or (v) of § 18.2-266 or § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of § 18.2-266 (i) or (ii) or both, submits to a breath test in accordance with subsection B or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.

If you are ever arrested for DUI/DWI be sure to take advantage of the right to observe the process of analysis and to read the blood alcohol level on the analysis machine as well a request a copy of the results.

Many people do not realize the significance of Virginia Code § 18.2-268.2(A) unless they take the time to read the very next statute, which sets forth the penalty for refusing to take the breath test impliedly consented to under Virginia Law.  Virginia Code § 18.2-268.3 sets forth the procedures in case of a breath test refusal and, more importantly, § 18.2-268.3(D) states that for a first offense refusal of a breath test the driver’s license shall be suspended for a period of one year. Subsequent refusals (as the result of a subsequent arrest) are treated as criminal offenses.

The basic penalty structure for DUI/DWI offenses may be found at Virginia Code § 18.2-270.   Please speak to a criminal defense, DUI / DWI attorney to learn more about the penalty scheme for these criminal offenses.

As one can see the statutes pertaining to DUI/DWI offenses are complex.  No one should face a DUI / DWI charge alone in court.  This brief overview has only covered a small portion of the statutory text devoted to these types of criminal charges.  There are many more provisions and exceptions that  lawyer must be aware of in order to properly represent and defend their client.

Please check the cited statutes for updated provisions in the law.