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Recent Posts in DUI Category

Happy St. Patrick's Day Virginia!

As you all know, St. Patrick's Day has been celebrated since the mid 1600s and is a commemoration of St. Patrick, the patron saint of Ireland, and the arrival of Christianity on the island in the ...
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What to do if you get a DUI on New Years Eve

New Years Eve is fast approaching, and most Virginians are making some sort of plans for the night, whether that be time at home with family, or perhaps a night out with someone special. For better or ...
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What will a DUI do for my insurance? What is an FR-44?

When I meet with a client facing a DUI charge, they are typically worried most about the possibility of jail time. The reality is that for routine misdemeanor DUI charges, jail time is typically just ...
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My BAC is over .08, I guess I have to plead guilty...

Not true! I can't tell you how often I hear clients who feel absolutely defeated by the fact that they were stopped for DUI and produced a breathalyzer result over.08. "Over the limit, under arrest", ...
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What does "implied consent" mean for a DUI charge?

Usually the most powerful evidence that the prosecutor has in a DUI case is the breathalyzer result. This is rarely the only piece of evidence in a DUI case, but prosecutors rely heavily upon ...
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DUI loopholes?

Many people simply assume that because they are charged with a DUI, they will ultimately be convicted and that there is nothing to be done to fight the charge. For this reason, they often hire the ...
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DUI law in Virginia and Melendez-Diaz

Many people, and unfortunately many attorneys, consider a DUI to be a simple charge. To the uninitiated, it may appear that there is no way to beat a DUI. The defendant generally had been drinking, ...
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Do I have a choice between a blood and breath test during a DUI stop?

The short answer is "no". Several years ago, Virginia motorists arrested for DUI had the option of either a blood or breath test to determine their blood alcohol content (BAC). The conventional wisdom ...
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What happens to my drivers license after a DUI?

This is one of the biggest concerns for most citizens in DUI cases. Often times individuals can afford to pay the fines, particularly if they are already considering hiring an attorney; and jail ...
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'Tis the season for DUI checkpoints!

The holidays are fast approaching, and there are more and more reasons why individuals might find themselves a few drinks deep at a location other than their homes. You can rest assured that local ...
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Is there a difference between DUI and DWI?

I get this question fairly regularly from DUI clients. The short answer is that there is no difference, and that the state of Virginia does not have an offense of "DWI". In some states DWI is a less ...
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What Happens if I Don't Take a Breathalyzer?

The Virginia Criminal Code 18.2-268.3 establishes penalties for failure to submit to a breathalyzer after a DUI arrest. Operating a motor vehicle on a "highway" (which includes any public road), ...
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