In Virginia if you are arrested for suspicion of DUI the law requires that you consent to a breath or a blood test to determine the alcohol content of your blood. If you refuse, you will be charged with an offense for refusal. However, what happens if you refuse? Can the officer still get your […]
Virginia law requires that for a search warrant the officer must file a return showing whatever was seized with the circuit court within three days after the actual search habits. The question then becomes, what is the remedy if the search warrant return is not filed within those three days? Unfortunately nothing. Virginia law holds […]
If you’re charged with a second offense DWI / DUI in Virginia, the Commonwealth has the burden of proving the prior offense. If that prior DUI is from Maryland, the Commonwealth will also have to prove that it is “substantially similar” to a Virginia DUI. This is a critical issue that could make a big […]
I talk with lots of people who are charged with a more serious offense, such as Virginia DUI or Virginia possession of marijuana, and one questions people have is whether or not they need to have counsel for their arraignment in court. The general answer is no, you do not need to have an attorney […]
In Virginia, you can absolutely get a DUI for prescription drugs. The law says that you cannot operate a vehicle while you are under the influence of drugs and/or alcohol. Prescription drugs certainly can impair your ability to drive safely. Just because they’re legal for you to take does not mean they’re legal for you […]
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In Virginia, if you’re arrested for a DUI or DWI, the police can draw your blood under certain circumstances. If they do draw blood, the blood samples are sent to the Department of Forensic Science in Richmond for testing to see what substances you might be under the influence of. The question then becomes: what […]
Unfortunately, this is a question that will depend a lot based on the facts and circumstances of your individual case. I always tell clients and potential clients that I cannot answer whether or not you should plead guilty, not guilty or no contest without finding out all of the details of the case. Honestly, we […]
If you’re charged with a DUI in Virginia, you need to know that it’s a Class 1 misdemeanor. It’s the most serious level of misdemeanor there is in Virginia. Clients and potential clients routinely ask me how long this offense will stay on their record. Unfortunately, the news is that it will be on your […]
If you’re charged with Virginia DUI or DWI you may have seen a term thrown around called “wet reckless.” What is that? “Wet reckless” is a slang term that’s used to describe an outcome for a DUI or DWI charge in Virginia. In some cases when you’re charged with DUI or DWI in Virginia, the […]
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