Charged with DWI in Virginia and you are from Out-of-State?

People are charged with drunk driving offenses every single day. Sometimes, people are charged with a drunk driving offense in a different state than the one in which they hold a driver's license. There are criminal charges associated with drunk driving, but there are also administrative issues regarding your driver's license as well. People often forget about the administrative consequences they can face when charged with a drunk driving offense.

In Virginia, if you are charged with a DWI and you hold an out-of-state driver's license, the Virginia police officer cannot confiscate your license as he/she would if you held a Virginia license. Instead, your PRIVILEGE to drive in Virginia is suspended for a period of time. That means that if you are caught breaking any kind of traffic law, the police officer will see that your privilege to drive in Virginia is suspended and you may face additional traffic charges. It is best to avoid driving in Virginia for the designated suspension period in order to avoid any additional consequences.

It is also best to hire an experienced Virginia DWI attorney to represent you in your case so that you can be counseled on the possible consequences. Your attorney can inform you about criminal consequences and administrative consequences that result from a DWI.

If you've been charged with a DWI in Virginia, call the attorneys at Portner & Shure today for a free consultation: (703) 916-1227.

What Happens if I'm Charged with my Second DWI in Virginia?

Drinking and driving carries significant penalties, not just life or death, but also criminally. Virginia is known to be one of the most strict states when it comes to criminal and traffic offenses. A first-time DWI in many cases will result in some jail time, as well as significant administrative penalties, including driver's license suspension and installation of an ignition interlock device.

However, a second subsequent DWI will result in even harsher penalties. If your second DWI is within five years of your first offense and your blood alcohol concentration is under 0.15, there is a mandatory minimum requirement of 20 days in jail and at least a $500 fine. If you are convicted in court, your driver's license will be suspended for three years. If your second DWI within five years of the first offense results in a blood alcohol concentration over 0.15, there is a mandatory minimum requirement of 30 days in jail and a fine up to $2,500.

If your second subsequent DWI is within ten years of the first offense and your blood alcohol concentration is under 0.14, there is a mandatory minimum requirement of 10 days in jail.

As you can see, Virginia does not mess around when it comes to drinking and driving. If you are charged with your second subsequent DWI in Virginia, call the experienced attorneys at Portner & Shure today for a free consultation: (703) 916-1227.

What a SCRAM

            When an individual has multiple DUI convictions on their record, a judge favors additional stipulations during their probation period. These disciplinary methods may include curfews, in-home visits from a probation officer, ignition interlock devices, possibly even a SCRAM bracelet.

Now what exactly is a SCRAM bracelet? SCRAM stands for Secure Continuous Remote Alcohol Monitoring. It is a device that is fastened around one’s ankle. It is able to detect alcohol consumption by measuring perspiration levels.

           For the most part, the devices are fairly reliable. They can indicate even the smallest amount of alcohol. SCRAM bracelets work essentially the same as a house arrest bracelet works with perimeters. When alcohol has been detected in your system, it alerts your probation officer. Although the bracelet has been known to be pretty accurate, there have also been several cases of false positives. Do not get stuck with a harsher punishment because your bracelet generated a false positive.

           If you or a family member have been charged with a DUI in the state of Virginia and would like a free consultation, or if you would like more information about DUI’s, please do not hesitate to contact our office at (703) 916-1227 and schedule an appoint at one of our several locations, or visit our webpage at http://www.portnerandshure.com/Maryland-Criminal-Defense/Maryland-DUI-DWI/Virginia-DUI-DWI.shtml

Blood Alcohol Test is Called into Question in Virginia DUI Case

In Virginia, there is a penalty for refusing a blood alcohol test in a drunk driving arrest.  This is not an abnormal law by any means.  In fact, most states impose a penalty on drivers in DUI cases that refuse a blood alcohol test.  In Virginia, a first time refusal results in a one year license suspension and is only a civil offense.  Subsequent violations are considered criminal offenses.

            

            Virginia’s implied consent law makes it unlawful for an impaired driver to “unreasonably refuse” to have blood or breath samples taken for chemical tests.  When an officer pulls someone over for suspicion of DUI, they are required to advise the arrestee that anyone operating a vehicle on Virginia highways is deemed to have consented to chemical testing.  A Fairfax County Circuit Court DUI case is challenging this issue under the Constitution.  Can a state “punish a driver for refusing a warrantless test to measure blood alcohol content?”

            

            In the past, Virginia Circuit Court judges have rejected challenges to Virginia’s implied consent law.  The specific question presented in this case has never been brought before the Virginia courts.  If the Court was to rule in favor of the Defendant on this question, it would require police officers to obtain a warrant for administering the alcohol test.

            

           The argument being made by the Defendant in this case is that the “government cannot punish a person or rescind a governmentally bestowed privilege as a consequence for refusing to waive a constitutional right against unreasonable warrantless searches.”  Without a warrant requirement for obtaining this type of evidence, police are effectively forcing people to consent to giving up evidence against themselves.

            

           If you are charged with DUI or DWI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Virginia DUI Attorney: The Consequences of Driving Under the Influence

  1.       Driving under the influence in VA is a serious charge with harsh mandatory sentences.

a.       The amount of jail time you could face, the fine, and length of license suspension depend on two things – your BAC, and the number of priors you have.

  2.       First time offenders

a.       With a BAC below .15 you will not face mandatory jail time, but a judge can impose a sentence up to one year.  If you caused an accident you could definitely still be looking at jail time even if it’s your first time and you have a low BAC.

b.      A BAC above .15 carries a mandatory minimum jail sentence of 5 days.

c.       A BAC above .20 will get you a 10 day minimum sentence.

d.      Your license will be suspended automatically for 12 months.

                                                               i.      In order to get a restricted driver’s license, you’ll have to install an ignition interlock device on your vehicle and be monitored through VASAP – the Virginia Alcohol Safety Action Program.

  3.       Unlike in Maryland, there is no probation before judgment for first time offenders.

a.       Every guilty finding results in a conviction.

b.      One way an attorney can help first time offenders is to broker an agreement with the State’s Attorney to an amended charge.

                                                               i.      For example, first time offenses with a low BAC can sometimes by pleaded down to a “wet reckless” charge, which is a type of reckless driving charge.

                                                             ii.      A wet reckless doesn’t count as a DUI offense for purposes of your criminal record and carries no mandatory jail time. 

  4.       Second time offenders

a.       For second time offenders, the stakes go way up.

b.      If it’s your second offense in five years, you’re facing a mandatory minimum of a 30 day jail sentence.

                                                               i.      If your BAC is below .15, you might get out in 20 days, but if your BAC is above .15, you’ll serve the sentence day for day.

                                                             ii.      A BAC above .20 will get you a mandatory 40 day sentence.

c.       All second time offenders will see their license suspended for three years.  You won’t be eligible for a restricted license until one full year of hard suspension is served.

  5.       Third time offenders

a.       A third DUI within ten years is a felony and carries a 1-5 year sentence to be served in state prison.

b.      For offenders with three DUI’s in five years, the mandatory minimum of executed time in prison is six months.

If you are charged with DUI/DWI in Virginia and would like a free legal consultation or if you would like more information please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/

As Prom and Graduation Season Begins, Officials Warn Students About Drinking and Driving

           Prom season is upon us in Virginia for many high schoolers, and graduation season is just a few weeks away.  Every year around this time, there is usually a spike in DUI-related accidents and arrests.  The Virginia DMV even says that, “more teen drivers in Virginia will be involved in crashes between April and August than any other time of the year.”

            

           While officials and parents are constantly warning teens about the consequences of drinking and driving, one county in Virginia decided to show high school students the dangers firsthand.  Local law enforcement officials conducted a simulation of an accident that was caused by drinking and driving.  In this simulation, an innocent person was killed, another was paralyzed, and the drunk driver was arrested for DUI manslaughter and faces serious jail time.  Officials are hoping that by letting students see the horrific effects of drinking and driving, instead of just telling them about it, that this will save at least one life.

            

            The consequences of making that decision to drink and drive in Virginia are very serious.  In addition to significant fines and losing your driver’s license for a period of time, there is a risk of jail time, especially if you cause an accident or have been convicted of a DUI previously.  Further, you will have to live the rest of your life with a DUI showing up on your record.

If you are charged with DUI or DWI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Alexandria or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Virginia DUI Attorney: What to Expect in a Virginia DUI Case

Getting arrested for DUI or DWI in Virginia is a very serious offense with possible consequences, which include jail time, significant fines, and a license suspension.  Unlike nearby states, Virginia DUI laws are some of the strictest, even for first time offenders.

            

           One of the most controversial DUI consequences is the requirement of an ignition interlock device.  Half the states require an interlock device for all DUI offenses, and the other half only requires the devices in extreme circumstances.  Virginia is one of the states that require an ignition interlock device for all DUI offenders.  However, because a first-time DUI results in an automatic suspension of your driver’s license, the only way the interlock device would be required to be installed is if you request to have a restricted license to be able to drive for work and other limited purposes, and that request is granted.  Ignition interlock devices in Virginia are required to be installed for a minimum of six months, but oftentimes a longer period is required.  If the interlock device registers a violation at any time during its period of use, the length of time required to have the device installed is extended another six months, and the violator risks having his probation violated.  Keep in mind that when your probation is violated, any suspended jail time is usually rescinded by the judge and you will have to serve the full amount of your sentence.

            

           Another consequence of getting a DUI is that you are required to attend, and pay for at your own expense, classes under the Virginia Alcohol Safety Action Program (VASAP).  Just like other states require alcohol treatment classes for anyone charged with DUI, Virginia has created their own program to handle this.

            

           In addition to interlock devices and VASAP classes, there are significant fines and jail time associated with DUI convictions.  In most first offense DUI cases, if your BAC is below 0.15, jail time is avoided.  However, if your BAC is between 0.15 and 0.20, there is a mandatory minimum that requires at least 5 days in jail.  If your BAC is above 0.20, you are required to serve at least 10 days in jail.  If you have committed more than one DUI offense in a 5 or 10 year period, the required minimum amount of jail time and the amount of fines increase significantly.  

If you are charged with DUI or DWI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Virginia DUI Lawyer: Statistics Show a Decrease in Alcohol-Related Crashes and Fatalities

          A new study conducted by the Virginia Department of Motor Vehicles looked at the effects of ride-sharing companies on drunk driving statistics.  Sure, everyone touts how companies like Uber and Lyft as safe options because they cut down on the number of alcohol-related accidents.  But, there has never been a study that actually investigated whether the increased presence of ride-sharing companies has actually saved lives.  This study looked at numbers from 2013, 2014, and 2015.  Overall, since Uber and Lyft have become so prominent in several cities, the number of alcohol-related crashes and fatalities has dropped significantly.  For example, in 2013 there were 8,047 crashes related to alcohol and 253 fatalities.  One year later, the number of crashes dropped 5% to 7,666, and fatalities decreased as well.  Preliminary numbers for 2015 show an even bigger drop: 7,334 total crashes and a 22% drop in fatalities down to 195.

           

         While it is difficult to say that Uber and Lyft are the only reasons explaining this drop in alcohol-related crashes, scientists can say that these ride-sharing companies are certainly playing a big role.  Other things such as campaigns against drunk driving and increased patrol by police for DUIs are sure to be having an effect on these numbers as well.  A majority of people today have Uber or Lyft on their phone, and it is very easy to use.  These numbers show that requesting an Uber or Lyft actually saves lives.  There is no reason why anyone should be driving a car under the influence of alcohol.  It will certainly be interesting to see if this trend continues, especially as these ride-sharing companies continue to expand into more areas.

If you are charged with DUI or DWI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Virginia DUI Attorney: Campaigns Warning Against Drunk Driving in Full Force as New Years Holiday Approaches

          The New Years’ holiday is by far responsible for the most drunk driving related arrests and citations.  Anti-Drunk Driving campaigns are ramping up as 2016 approaches.  A majority of people ring in the new year with a champagne toast, a celebratory shot, or some other alcoholic beverage.  It is their next choice that gets them in trouble: driving home.  Due to so many people being out at bars and restaurants on New Years’ Eve, it is difficult to get a taxi, Uber, or Lyft without having to wait a long time.  However, that cannot be an excuse for electing to drive drunk.  Do not become a statistic, or worse, responsible for an innocent person’s death.

            Law enforcement officials throughout Virginia will be out in full force monitoring the roads for drunk drivers.  It just is not worth it to drive drunk.  The consequences include: being arrested, confiscation of your driver’s license and privilege to drive, mandatory installment of an ignition interlock device in your vehicle, fines, and/or jail time.  The consequences vary depending on whether it is your first, second, third, or more offense.

            If you do make the poor decision to drive under the influence and are stopped by Virginia police, our attorneys can help mitigate the consequences, especially if it is a first offense and you did not contribute to an accident.  Many people do not understand the severity of a DUI arrest or citation and choose not to seek legal representation and that is a mistake.  As the consequences listed above show, DUI is not some minor offense and should always be taken seriously.

If you are charged with DUI or DWI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 and schedule an appointment at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Officials Warn About Fatal Car Accidents as the Thanksgiving Holiday Approaches

            Thanksgiving travel this year will continue the trend of the last few years, beating the previous year’s numbers in terms of number of travelers.  About 42 million nationwide will hit the road for Thanksgiving this year.  Well over one million from Northern Virginia and Washington, D.C. will take to the area highways for travel next week.  With roads and highways jam-packed with millions of cars, trucks, and buses, accidents will occur in large numbers.  Unfortunately, some of these accidents will result in serious injuries and even fatalities.  The National Safety Council estimates 433 deaths and more than 50,000 serious injuries occurring as a result of traffic accidents.  The group cites the combination of high traffic volume and the increase in drinking and driving around holiday time as the cause for the startling predictions.  The group hopes that by making people aware of the dangers on the roads next week for holiday travel that they will save some lives.

            

            Some ways to prevent fatalities in auto accidents include wearing your seatbelt at all times, driving the speed limit, driving sober, and driving without any distractions (i.e. cell phones, make up, and radios).  Numerous reports this year have shown that deadly car accidents are significantly higher than normal due to speeding and alcohol.  It is not surprising that New Year’s tops the list for the most fatal car accidents, but Thanksgiving is near the top of the list as well.  The Wednesday night before Thanksgiving is an extremely busy night at bars for teenagers and young adults who are reconnecting with high school and college friends.  Always remember to drive sober and never drink and drive.  About one-third of all fatal accidents that occur around Thanksgiving are attributed to alcohol.

            

            If you or a family member has been charged with DUI or DWI in Virginia and/or were involved in a deadly accident as a result, please feel free to contact our office at (703) 916-1227 and schedule an appointment for a free legal consultation at our office in Vienna or throughout Virginia, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Roanoke, Virginia Man Charged with DUI After Leading Police on Low-Speed Chase

          Virginia police were alerted of a reckless driver heading north on Route 221 during the afternoon of Labor Day Monday.  The car crashed in someone’s front yard, but continued on driving.  Police tried numerous times to pull the driver over, but were unsuccessful.  Thus, a low-speedpursuit began down Route 221 to apprehend the driver, who is now facing a DUI charge, felony eluding, having an open container of alcohol, failure to obey a traffic signal, and failure to wear a seatbelt.  Police had to use spike strips in order to bring the vehicle to a stop.  With the tires punctured, the driver then lost control of the car and hit a parked vehicle.

            

          Labor Day Weekend likely resulted in numerous DUI arrests across Virginia.  The weather for the weekend was perfect, and Labor Day Weekend is a popular time for people to have cookouts and outdoor parties where alcoholic beverages are served.  The circumstances surrounding this DUI arrest are unknown, but it is certainly possible that the driver was leaving a cookout in the afternoon after drinking and thought that he was ok to drive.  Whatever the circumstances were, he made a very dangerous decision to drink and drive, putting his life and the life of others at risk.

It is important that you consult an experienced Virginia DUI attorney immediately if you have been arrested for a DUI/DWI because it is a criminal offense that carries severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.

If you or a family member has been charged with DUI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 to schedule an appointment at our office in Manassas or one of our many other offices located throughout Virginia or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Increase in DUI Arrests in Virginia in July

             So far in July, the number of DUI arrests in Virginia has been much higher than in years past.  For example, over July 4^th weekend there were close to 100 drivers arrested for DUI, which was a significant increase from the 77 arrests over the same period last year.  It is alarming to see the number of arrests for drunk driving increasing so dramatically.  This increase either means that more and more people are choosing to drive drunk or that police are increasing their DUI patrols to try and catch more offenders.  Either way, it is worrisome to see that close to 100 drivers were driving drunk just over July 4^th weekend.

           

             This past Saturday, a Virginia State Trooper had pulled over a driver on I-395 southbound between Alexandria and Annandale for suspicion of DUI.  The trooper was conducting a DUI investigation when another trooper arrived to assist.  Both troopers’ vehicles were positioned behind the drunk driver’s vehicle with emergency lights activated.  Another drunk driver drove right into the back of the trooper’s car and one of the troopers sustained a head injury in the crash.  The driver of this second vehicle was from Alexandria and he was not injured.  The troopers arrested this driver for DUI and police finished the DUI investigation and arrest for the first driver.  No other individuals were injured in this crash.

     

       If you have been arrested for a DUI/DWI it is important that you consult an experienced Virginia DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.

If you or a family member has been charged with DUI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 to schedule an appointment at our office in Annandale or one of our many other offices located throughout Northern Virginia or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Drunk Driver Hits Power Poles in Northern Virginia

           Early this morning, a drunk driver crashed into two power poles on Graham Park Road in Dumfries, Virginia.  Thousands of residents in the area are without power because of the crash and Dominion Virginia Power crews will need to replace the poles in order to restore power.  Dominion Power officials estimate that power should be restored by 7pm tonight.

            In addition to homes and businesses in the area being without power, traffic lights could be affected as well.  Drivers in the area should be prepared to treat powerless intersections as 4-way stops to avoid accidents.  Further, Prince William County Police warn drivers to avoid the area this morning because Graham Park Road between Olde Port Lane and Woodlawn Drive will be closed for a few hours because the damaged poles are blocking the roadways.

            Although no one was seriously injured in this crash, it still warrants a reminder to Northern Virginia drivers to never drive under the influence of alcohol.  Police charged the driver in this accident with drunken driving.  Drivers are constantly reminded and warned about the consequences of driving drunk, yet people still commit the offense on a daily basis.

            In Virginia, the consequences of being charged with a DUI (blood alcohol concentration of 0.08 or more) are severe and can negatively impact you for the rest of your life.  Virginia’s penalties for a first-time DUI are among the most severe in the country.  It is required that for a first offense, regardless of  the blood alcohol concentration (BAC), an interlock device must be installed for a minimum of six months to allow the driver to resume full or conditional driving privileges.  This is a change in Virginia law that took effect July 1, 2013, where previously it was in the court’s discretion to require an interlock device to be installed unless the BAC level was over 0.15.  If you have been arrested for a DUI/DWI it is important that you consult an experienced Virginia DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal. 

If you or a family member has been charged with DUI in Virginia and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (703) 916-1227 to schedule an appointment at one of our many offices located throughout Northern Virginia or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/