DUI / DWI

You CAN Refuse Road-Side DUI / DWI Tests

by Andrew Flusche on January 26, 2012

Did you know that you CAN legally refuse road-side DUI / DWI tests, such as the walk-and-turn test and the handheld breath test? Those tests can significantly hurt your case at court, and it might help your case if you do refuse to perform them. However, in Virginia, you must do the breath test at [...]

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Check Points and Road Blocks for Virginia DUI / DWI

by Andrew Flusche on January 5, 2012

If you were arrested for Virginia DUI / DWI at a check point or road block, we need to talk. These stops are regulated closely, and we may have a defense to the charge. Transcription Hello, my name is Andrew Flusche. I’m a Virginia traffic attorney, and today I wanted to talk to you about [...]

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DUI on a Beer Cooler

by Andrew Flusche on August 18, 2011

How do you get charged with DUI on a beer cooler? You add a motor. That’s what this guy did. Apparently he and his friends decided it would be cool to make a beer cooler scooter. Unfortunately, he test drove it after drinking all night while building it. If this guy was in Virginia, he [...]

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What is VASAP?

by Andrew Flusche on August 8, 2011

What is VASAP? It’s the Virginia Alcohol Safety Action Program. For certain offenses in Virginia, VASAP is mandatory. Transcription Hello, I’m Andrew Flusche. I’m a Virginia traffic attorney. Today I wanted to answer a common question that clients ask when they’re charged with a DUI or DWI in Virginia. One thing that comes up is [...]

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Challenging Julie Pacino’s DUI Checkpoint Stop

by Andrew Flusche on July 31, 2011

I’m not one for gossip, but the news that Julie Pacino was arrested for DUI at a checkpoint in New York provides for a great teaching moment. One of the main defenses we analyze for any DUI charge is whether the officer legally stopped your car. Many times that’s pretty clear, such as stops for [...]

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DWI Turns Into Involuntary Manslaughter

by Andrew Flusche on July 23, 2011

The Free Lance-Star reports that a Spotsylvania man is now charged with involuntary manslaughter due to an accident that occurred when he was alleged to have been driving under the influence. The defendant was first just charged with DWI and driving on a suspended license, but the Commonwealth added the manslaughter charge later on. During [...]

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Beat a Check Point Stop Based on Time

by Andrew Flusche on May 12, 2011

Post image for Beat a Check Point Stop Based on Time

Were you stopped by the police at a check point or road block? If so, that’s the first thing we have to look at in your case. If you’re charged with driving on suspended or DWI due to that stop, the case could be dismissed by beating the stop. I had a recent Stafford case [...]

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Fire Truck Used for DUI and Reckless Driving

by Andrew Flusche on March 23, 2011

Yep. You read that correctly. Apparently some Loudoun County volunteer firefighters thought it would be a good idea to drink and then hop in a fire engine. If that’s not bad enough, they also had on board a member of Leesburg’s finest and someone from the Loudoun County Fire Rescue Commission. But wait, it gets [...]

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Fredericksburg Sliding Down a Slippery Alcohol Slope

by Andrew Flusche on March 20, 2011

alcohol interdiction

A recent Free Lance-Star article caught my eye due to a dangerous precedent the city of Fredericksburg may be setting (thanks to my wife for pointing it out!). According to the article, the Fredericksburg Police Department is seeking to “interdict” city residents who frequently get DUIs or are drunk in public. What does that mean? [...]

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Stopped for Evading a Roadblock?

by Andrew Flusche on March 2, 2011

The police love using roadblocks to check for DUI and license-related violations like driving on a suspended license. Did you know that evading a roadblock isn’t illegal in Virginia? To be legally stopped *before* you hit the roadblock, you must do something suspicious. Transcription I’ve had this video transcribed for visitors who prefer to read [...]

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