DUI 2nd in Virginia – Challenge the Prior – Fight Indiana

Whenever I have a DUI / DWI 2nd offense in Virginia, I request certified copies of the prior conviction. You never know what issues you will find that could carry the day in court.

Required disclaimer: PAST CASES DO NOT PREDICT FUTURE SUCCESS. ALL OUTCOMES DEPEND UPON THE FACTS OF EACH CASE.

In a recent Spotsylvania DUI 2nd that I defended, my client’s prior DUI was from Indiana. Thanks to fighting that, we were able to get the charge reduced to a regular first offense DUI.

The problem with Indiana is that their definition of DUI includes any device for transportation by land or air. However, Virginia’s DUI law only punishes people who are operating a vehicle with an engine of some type. Due to that discrepancy, the prosecutor agreed that Indiana was too broad, and my client was able to walk out of the courthouse with no active jail time.

If you’re charged with a DUI in Virginia, call me to discuss your options.

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.