Virginia DUI and DWI Legal Questions

Did you ever put the keys in the ignition at any point. I imagine your memory is not the best but if the officer is only going to be able to testify that you were reaching in your pocket for the keys and never put them in the ignition or in any way "operated" the vehicle they will not be able to find you guilty of DUI.... Read More

Under VA Code §18.2-270, conviction for a first time DUI is a class 1 misdemeanor with a mandatory minimum fine of $250, a BAC of .2 or higher requires confinement in jail for a mandatory minimum period of 10 days. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Three years. Please see VA Code §18.2-308.09(9) The following persons shall be deemed disqualified from obtaining a permit: 9. An individual who has been convicted of a violation of § 18.2-266 or a substantially similar local ordinance, or of public drunkenness, or of a substantially similar offense under the laws of any other state, the District of Columbia, the United States, or its territories within the three-year period immediately preceding the application. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

I'm not sure what information it is that you are looking for, but if you are unsatisfied with your lawyer's services, you may want to consider switching counsel.  A lot of times in these types of cases, the prosecutor will not talk to the lawyer until you are in court, so it is not unusual that you will not know what the deal is until that day. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

You are in a tough situation because you admitted to the cops you were driving.  That can be used against you in any trial.  It is certainly a defense to argue someone else did it.  We would have to subpoena your friend, who might not want to answer questions on the witness stand. Any question they are asked relating to whether they committed the crime would potentially allow them to invoke the 5th amendment right against self-incrimination.  They are not likely going to want to take the blame for this.  If this is your second DWI in 5 years or 10 years, you are likely facing tougher penalties this time.  It is also relevant what your blood alcohol content (BAC) was and whether you declined to take the BAC test or submit to any field sobriety tests.  Finally, another option would be to tell the Commonwealth about this, and offer to testify against your friend in return for the charges being dropped against you.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. ... Read More

The bottom line is that once the paperwork gets started in a case, it can only be disposed of by a judge.  If you do not go to court to make sure it gets taken care of, then you run the risk of getting a charge of "failing to appear" to go with the show cause.  As to whether you need an attorney - it depends on whether you have the appropriate paperwork to prove that you weren't convicted and feel comfortable in front of the judge to present it.  This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

Unfortunately it is unclear from your post what offense you were charged with.  If you were charged with Drunk In Public, the only punishment is a fine when convicted.  But if you were charged with destruction of property or disorderly conduct, then the punishment is more severe.  This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

The Department of Motor Vehicles is going to require certain things for your license to be reinstated.  You need to go to DMV and ask for a compliance letter that will explain what is required for you to have your license reinstated.    This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

Generally speaking you will be drug tested if you are on Pretrial supervision.  If you are not and were just released on your own recognizance - you should not have to UNLESS the judge sees something that makes him or her suspicious.  This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

Was your personal license actually reinstated or did the time period just run?  What you need to do is to speak with the licensing body for the CDL (probably Virginia I'm guessing) and see what they require to reinstate you.  It may be an insurance issue, it may be that you have to retest, or show proof that you were "rehabilitated".  CDL's are not granted by a court, and generally speaking the court isn't going to have the power to give it back - you generally need to deal with the licensing agency.  This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More