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/

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/