Chesterfield County, Virginia Reported 102 DUI Arrests in September

              In the month of September, 102 drivers were arrested on suspicion of DUI in Chesterfield County, Virginia.  Police in the area are warning drivers that heavy DUI patrols will continue.  This number is far too high for a single month’s period, and police will continue to be on the lookout for possible drunk drivers in the county.  “Sobriety checkpoints, targeted patrols, and tips from the public” will continue to be employed by police officers.  This high number shows police that drivers simply are not afraid of current penalties in place for drunk driving.  Whether that is indeed the case remains to be seen, but drivers should know that if caught driving under the influence of alcohol, penalties include a $2,500 fine and/or one year in jail.  The penalties are much worse for drivers with multiple DUI convictions.  Police suggest that you should always have a designated driver if you plan to drink any amount of alcohol.  Other tips include: drinking in moderation (i.e. one drink per hour), eating before drinking, and if hosting a party, stop serving alcohol well before the party is over.

      

          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 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 Tysons Corner 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/

University of Virginia Incoming Freshman Quarterback Charged with DWI

           During the last week of July, freshman quarterback for the University of Virginia was caught by police driving while intoxicated in Charlottesville.  The quarterback’s blood alcohol level was 0.14 at the time of arrest, which is almost double the legal limit of 0.08 in Virginia.  Police pulled the 18 year old quarterback over because he was driving without headlights on at night.  The officer then smelled alcohol on his breath and a breathalyzer was then used to determine his blood alcohol concentration.  His status with the team has not been determined yet because they are awaiting the results of his pending trial in September.

            

           Statistics from 2013 for the Washington, D.C. metropolitan area show that close to 18,000 arrests were made for DUIs, which comes to about one arrest every thirty minutes.  This staggering number of arrests is the result of increased police patrol in the region to try and prevent alcohol-related serious deadly accidents.  There were 243 traffic deaths in 2013 and 81 of them were alcohol or drug-related.  Luckily, police were able to stop the quarterback before he injured or killed another person or himself.

      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.  Our experienced attorneys 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 Fairfax 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/

DUI in Parked Car With Lights on, But No Ignition is Upheld

            In 2012, the Virginia courts upheld a DUI conviction when the defendant was found intoxicated in a parked vehicle with the keys in the ignition.  The Court found that “operate” as used in Va. Code §46.2-100 turns on “whether the vehicle is capable of being operated at the time that the driver is found.”  When a key is in the ignition, the car is deemed to be capable of being operated for purposes of a DUI.

            

            In 2014, the Virginia courts determined that a person who is asleep in a parked car in his own private driveway with the key turned slightly in the ignition only to activate the auxiliary power is also considered to be capable of operating a vehicle, which violates the DUI statute.  Even though the defendant was asleep in the car, he was still seated in a car, behind the steering wheel, with the keys in the ignition.  The defendant was deemed to be in “actual physical control” under Va. Code §18.2-266.  The position of the key in the ignition is not relevant when determining if a driver is in “actual physical control” of the vehicle.  The use of electrical equipment in the vehicle is enough for courts to determine that the defendant is operating a vehicle.  Use of auxiliary power proves “actual physical control” of a vehicle.

            

            Now, the Fairfax County Circuit Court just ruled that someone found asleep in a parked vehicle with lights illuminating the radio panel is deemed to be in “actual physical control” of the vehicle for purposes of a DUI.  The vehicle involved in this case has push button technology which means that auxiliary power can be activated with the touch of a button.  However, the car’s ignition can also be activated with the touch of a button.  Thus, the Court found that the push of button that activates the radio panel lights is akin to the slight turn of a key in an ignition that activates the auxiliary power.  Therefore, the defendant in this case by having radio panel lights illuminated is deemed to be in “actual physical control” of the vehicle for purposes of a DUI in Virginia. The Court’s opinion for this case can be found here.

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 Fairfax 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 Driving a Serious Problem in DC Metro Area: Every 30 Minutes an Arrest is Made

            In the Washington, D.C. region, 1/3 of all traffic deaths are alcohol-related, and that number is trending higher.  Data from 2013 shows that close to 18,000 arrests were made for DUIs, which comes to about one arrest every thirty minutes.  This staggering number of arrests is the result of increased police patrol in the region to try and prevent alcohol-related serious deadly accidents.  There were 243 traffic deaths in 2013 and 81 of them were alcohol or drug-related.  The recent trend nationwide has been a decrease in alcohol-related fatalities on the roadways and increase in arrests.  However, 2013 saw an increase in deadly accidents, and officials are hoping that it is just an anomaly.  We will certainly find out soon once data from 2014 is compiled.

      

     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/

7 Things to Expect After Being Pulled Over for DUI/DWI in Annandale, Virginia

An officer must have probable cause to pull you over.  Probable cause is usually demonstrated through erratic driving such as swerving, speeding or violating simple traffic laws.  Officers are also able to question drivers as to whether they had been drinking at the scene of an accident, regardless of whose fault the accident was.  Occasionally officers will set up formal check points in order to screen all drivers for signs of intoxication.

Once you are pulled over you should expect the following events:

                1.      You will questioned as to whether you had been drinking, how much you had to drink, and when you had your last drink.  The question regarding your last drink is very important in cases where there was an accident and the officer did not witness it.  Unless the police can show that your last drink was before your accident, it is difficult for them to accurately determine whether you were drunk at the time you were operating the car.

               2.                               If the officer wishes, he can have you perform “field sobriety” tests in order to determine if there is further probable cause to conclude that you are under the influence of alcohol.  The tests include the Horizontal Gaze eye test, the Walk and Turn, and the One Leg Stand test.  If you perform poorly on these tests, the officer may arrest you under suspicion of drunk driving.

              3.                               Upon arrest, you will be handcuffed and taken to a location to provide a sample of your breath for analysis.  If the reading is .08 or above, there will be a presumption of your guilt.  If you refuse to take the Breathalyzer test your driver’s license can be suspended for 1 year, even if you are subsequently found not guilty.  It is also important to know that even without the breath test, the prosecutor can still go forward and use the results of the field sobriety test against you. 

              4.                            If you are arrested for drinking and driving, the police will take your Virginia license for a one week administrative suspension.  Your license will be returned after that time, and you will keep it without restriction until a court makes a final decision on your case.  If you have a license from another state, the Virginia police cannot take your driver’s license away.

              5.                             After you are arrested, you will be held in county jail until a magistrate makes a decision on whether to issue a bond in order for you to be released.

              6.                            If you speak only a language other than English, such as Korean, Chinese or Spanish, the officer must obtain an interpreter to go over your rights and advise you about what is happening during the field sobriety tests, as well as the Breathalyzer test.

              7.                            If you are convicted of drinking and driving, the Virginia law mandates at least a one year loss of license, as well as an alcohol safety class, fines, and in some cases where the blood alcohol level is .15 and above, requires mandatory jail.

    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/