The Importance of Hiring an Attorney for your DWI in Ashburn

Virginia is known as being one of the most strict states for traffic and criminal offenses. Drunk driving charges are no different. A DWI in Virginia is a very serious offense and results in serious penalties. If you are charged with a DWI, you should hire an experienced drunk driving attorney in Virginia to represent you. In some counties, it can make the difference between jail time or just community service.

Ashburn, Virginia, located in Loudoun County is one of those counties in the Commonwealth where it can make a huge difference to have an attorney in your DWI case. Luodoun County judges favor sentencing DWI offenders to jail time, whether it be for a few days, weeks, months, or years. Your attorney can discuss your case with the Commonwealth Attorney and try to work out an agreement where the Court accepts community service in lieu of any jail time. That cannot happen without an experienced attorney on your case.

If you've been charged with a DWI in Ashburn, Virginia, call the experienced drunk driving attorneys at Portner & Shure today for a free consultation and don't risk being sent to jail. Call now: (703) 916-1227.

Drugged Driving Responsible for More Deaths than Drunk Driving

A new study was released today by the Governors Highway Safety Association that showed, for the first time, drivers killed in accidents are more likely to be under the influence of drugs than alcohol. The data used for this study was compiled from 2015, and it showed that 43% of drivers tested in fatal accidents had some form of legal or illegal drugs in their system. Compare that number to just 37% of drivers tested having alcohol in their system at the time of the fatal accident.

This data is quite surprising for researchers because government officials and police officers devote much of their time and effort combating drunk driving. Drugged driving is almost never mentioned. With these new results, officials are certainly expected to expand their focus to include drugged driving checkpoints.

Additional data from the study also showed that of the 43% that tested positive for having drugs in their system, more than one-third of them had marijuana in their system. Many people believe that marijuana has minimal effects on a person's body, but the results of this study certainly tell a different story. As a driver, you need to be able to react to the driving conditions in a split second. Marijuana and other drugs inhibit a person's ability to react quickly.

It is interesting to note that while drunk driving remains a major problem in all roadways, it has been declining in recent years. However, as all resources have been devoted to reducing the number of alcohol related deaths on the roads, fatal accidents caused by drugged drivers have certainly taken a back seat. That is likely to change with these results.  More and more states are legalizing marijuana, yet the number of fatal accidents caused by drivers who tested positive for marijuana is skyrocketing.

If you have been charged with drunk or drugged driving in Virginia, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (703) 916-1227.

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.

Virginia DWI Lawyer: Statistics Show Decreased Alcohol-Related Fatal Accidents

Every year, states across the country continue to strengthen their drinking and driving laws to make the roads safer for all drivers. Virginia is no different and is considered by many to be one of the strictest states for DWI penalties.

On year ago, we wrote about statistics from 2015 regarding the number of fatal accidents caused by drunk drivers in Virginia, as well as the number of DWI arrests in Virginia. In 2015, there were 241 fatalities linked to drunk driving in Virginia and 20,768 DWI arrests. Preliminary numbers for 2016 have been compiled by MADD and they continue to show a downward trend. In 2016, there were 208 fatal accidents caused by drunk drivers and 20,477 DWI arrests. While these numbers are still far too high, it is a good sign that recent downward trends are continuing. This decrease is likely due, in large part, to the increased presence of ride-sharing companies like Uber and Lyft. Another reason for a decrease could be related to stricter ignition interlock requirements. Whatever the cause may be, it is a good sign to see that these numbers continue to trend down.

Virginia has come a long way in terms of fatal drunk driving accidents and DWI arrests. In 1990, there were 17,000+ drunk driving related accidents, 535 fatalities, and 42,000+ DWI arrests. Drunk driving laws are likely to continue to be amended to include stricter penalties. It will be interesting to see what numbers for 2017 will look like to see if the downward trend continues.

Driving drunk should NEVER be an option, especially today when it is very easy to request a ride with Uber or Lyft. If you are caught driving drunk in Virginia, be prepared to face significant consequences, and hire an experienced attorney. Call the attorneys at Pornter & 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.

3 Things to Know About DWI in Virginia

Every state handles drinking and driving a little bit differently. Some states are more strict with penalties handed out than other states. Unfortunately, Virginia is one of those states that is tough on practically every criminal and traffic offense. Here are three things to keep in mind if you are arrested for a DWI in Virginia:

1. Your driver's license--While some states handle the administrative aspect of any driver's license suspension or restriction separately from the court system, Virginia actually handles driver's license suspensions and restrictions directly through the court system. So instead of a possible second court appearance for an administrative hearing for driver's license issues (Maryland does this with the MVA), Virginia DMV does not handle driver's license issues related to DWIs.
2. Alcohol Treatment--Some states prefer that alcohol treatment or education classes be completed prior to the court appearance. (For example, in Maryland, we have our DUI clients complete alcohol treatment before going to court so that we can show the judge their completion certificate and it is one less step for the client to have to go through after court). Virginia, however, does not care about alcohol treatment being completed prior to court because the judge will instruct the DWI offender to complete VASAP classes. VASAP is Virginia's own alcohol safety education program.
3. PBJ--Everyone who is arrested for DWI always wants to get the offense immediately erased from their record. Some states allow special pleas, such as a probation before judgment (PBJ), that allow the defendant to avoid a conviction on their record. Virginia does not have the option for a PBJ. Instead, if you want to avoid a conviction for your DWI, your attorney will have to find a way to have your case dismissed.

If you are arrested for DWI in Virginia, you must take this charge very seriously and hire an experienced attorney to represent you. Call Portner & Shure today for a free consultation: (703) 916-1227.

What is an Ignition Interlock Device and How Does it Work?

Many states, including Virginia, require the use of an ignition interlock device by anyone convicted of a DWI. Not everyone knows what they are or how they work. In fact, there are various providers that are able to install the device and monitor it each month. What many people do not know is that the fees associated with the interlock device are quite steep. There is an initial installation fee, plus a monthly fee, so the cost of drinking and driving can increase quickly.

Once installed, the driver must blow into the device in order to be able to start their vehicle. If there is no alcohol detected, the vehicle will start. Every so often, the driver will be required to blow into the tube. If the machine detects alcohol during what are called the "rolling tests," the machine will not allow the driver to continue operating the vehicle. If the machine detects alcohol during the initial test in order to start the vehicle, you will have to re-test a short time later. If you fail the test again, it will be reported back to the interlock provider as a violation and that can result in a longer period for using the device.

Drivers with an interlock device should always remember that the machine is VERY SENSITIVE. That means that any consumption of anything with even trace amounts of alcohol will likely result in a failed attempt. The most common substance that results in a failed attempt is mouthwash.

If you have been arrested for DWI in Virginia, call Portner & Shure for a free consultation and let us help walk you through the process: (703) 916-1227

Drunk Drivers and Speeders Beware in Virginia

Over the last several weeks, Virginia has seen a sharp increase in fatal accidents, many of which have been caused by drunk drivers and reckless drivers. As a result, Virginia police officers are increasing patrols all over roadways to catch drivers that have been drinking or speeding excessively on highways.

If you are caught drinking and driving and charged with a DWI, it is important to hire an experienced Virginia attorney to represent you to help avoid the most serious consequences. If you are charged with reckless driving, another very serious offense in Virginia, it is also very important to hire an attorney to represent you because if convicted, it is a criminal charge that will remain on your record. An experienced attorney will work to amend the speed reported by the police officer to a number that is under the reckless driving threshold (20 mph over the speed limit or over 80mph).

Call Portner & Shure today for a free consultation if you've been charged with a traffic or criminal offense in Virginia: (703) 916-1227.

Not So Fast! You Could End Up In Jail for Reckless Driving in Virginia!

If you've driven in Virginia, then you know that there are some wild traffic laws that police officers can use to catch drivers. Known as one of the strictest states for traffic offenses, Virginia laws take driving very seriously, and any driver that breaks those laws will face tough penalties. One of the most common traffic offenses that drivers commit is speeding. Virginia does not take speeding lightly. In fact, they have a separate category for excessive speeding, called reckless driving. if you are caught driving 20mph over the speed limit or over 80mph, you will be charged with reckless driving. This charge should be taken very serious because it is NOT a simple traffic offense, it is a CRIMINAL offense. Not only will you be faced with a hefty fine and a criminal conviction on your record if found guilty, but jail time is a real possibility. Every county in Virginia is different with how they view jail time for reckless driving. In many cases, the exact speed will determine if jail is on the table, and if so, how many days, weeks, or months in jail.

The important thing for drivers in Virginia to remember is that if you receive a citation for reckless driving, you should absolutely hire an attorney in order to avoid a criminal conviction and jail time. In all reckless driving cases, our experienced criminal defense attorneys aim to have the speed amended so that it falls below the 20mph+ or 80mph+ threshold so that it is treated as a simple speeding ticket. That is not always possible in every case, however. Sometimes, drivers are caught speeding well over 100mph. In those cases, our goal is to avoid any jail time whatsoever. It is very difficult for anyone charged with reckless driving to appear in court without an attorney and try to avoid any guilty finding or a jail sentence.

Virginia police are always out on highways looking for speeders and reckless drivers. Don't let them catch you. But, if you are caught driving well over the speed limit and charged with reckless driving, call Portner & Shure for a free consultation: (703) 916-1227.

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/