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

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/

Virginia DUI Attorney: Ignition Interlocks Have Reduced Drunk Driving Deaths in Virginia by 40%

           A new report from Mothers Against Drunk Driving (MADD) reveals how many drunk drivers have been stopped by ignition interlock devices because they were trying to drive drunk.  Of course, these statistics are only compiled from the states that require interlock devices for all DUI offenders.  MADD’s goal for releasing such a report is to show the other non-interlock states that they need to adopt a law requiring ignition interlock devices for all DUI offenders.  This study logged more than 10,000 blocked ignition interlock attempts in Virginia.  To compare, states like New York and Washington had more than 84,000 and more than 100,000 failed attempts respectively.

           

           In Virginia, the study revealed that drunk driving deaths have fallen by 40% since implementing laws that require ignition interlock devices for all DUI offenders.  This ranked Virginia second out of 25 states that require interlocks for all DUI offenders.

            

          MADD strongly believes that, “no other option available today…can physically block an offender from operating his or her vehicle after consuming alcohol.”  Ignition interlock devices will prohibit anyone who has any alcohol in their system from driving.  The car cannot be started.  However, these “other options,” such as alcohol treatment, a license suspension, or an alcohol monitoring bracelet cannot prevent somebody from driving drunk.  According to MADD, the 25 states that do not require an interlock device for first time offenders must change their laws to allow safe travel on the roads without others being at risk of injury or death due to a drunk driver.

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: Superbowl Weekend Means Increased Drunk Driving Patrols

           This Sunday is the Superbowl and that means parties with lots of alcohol.  Beer and football go together like peanut butter and jelly, nearly everyone is going to be watching the big game with a beer in hand. 

            

            Superbowl Sunday has proven to be one of the highest drinking and driving days of the year.  For example, the National Highway Transportation Safety Administration reported that in 2012, 38% of all U.S. traffic fatalities involved alcohol-impaired drivers.  That is proof that far too many people choose to drink and drive on Superbowl night.  Whether you are going to a bar or a friend’s house to watch the big game, please be smart and do not drive home if you have had something to drink.  The most common excuse people will use to explain why they drove drunk is that they are a “good driver” when they are drunk or that they only had 2 beers.  You should never risk your life or another’s life by driving drunk.  Further, police will be out in full force on Sunday looking for drunk drivers across Virginia.

           

             If you are going out to watch the game, plan ahead for how you will get home, whether it is walking, catching a cab, taking an Uber or Lyft, or using public transportation.  Another option is to have a designated driver lined up for the night.  Another tip to remember is to make sure you wear your seatbelt because that can save your life if a drunk driver hits you.

           

            Just think about how many people are driving drunk on the roads.  Police cannot catch every drunk driver, but they do catch many of them.  So many others avoid arrest and they are the ones who injure or kill innocent people.

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/