Below you will find several of the questions our client's often ask.  Please do not hesitate to call 571-243-3334 or email contactus@walkerlawva.com if your question is not addressed below.

Q) What must the Commonwealth prove for conviction of DUI/DWI?

(A) DUI charges are brought under Virginia Code Section 18.2-266.  The Commonwealth must prove that the defendant, (1) operated a motor vehicle, train, etc., while the defendant's blood alcohol content (BAC) was .08 or greater or, (2) operated a motor vehicle while under the influence of any combination of alcohol or drugs to a point they appeared “intoxicated.”

Virginia Code § 4.1-100 defines “intoxicated” as a condition in which a person has consumed enough alcoholic beverages or ingested enough drugs to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.

(Q) What are the penalties for a DUI/DWI conviction?

(A) First Offense

·        Jail of up to 12 months.

·        12-month loss of license (a restricted is license possible, but never automatic).

·        Court fines of $250-$2500 plus court costs.

·        Mandatory civil fines totaling $2,250 for Virginia residents.

·        If BAC was .15 or greater, a mandatory minimum of 5 days in jail.

·        If BAC was more than .20, 10 additional days of mandatory jail time.

·        If BAC was .15 or greater, the installation of an ignition interlock device is required as a condition of obtaining a restricted license.

·        Required supervised probation and participation in ASAP, as well as attendance at the Victim Impact Panel.

   ·        Jail of up to 12 months.

   ·        Significant mandatory minimum jail time.

   ·        Loss of license for 3 years, with a restricted license permitted after 1 year and subject to many other requirements.

   ·        Court fines of at least a $500 minimum, and up to $2500 plus court costs.

   ·        Mandatory civil fines totaling $3,000 for Virginia residents.

   ·        If BAC was .15 or more, additional 10 days of mandatory minimum jail time.

   ·        If BAC .20 or more, an additional 20 days of mandatory minimum jail time.

   ·        Required supervised probation and participation in ASAP as well as attendance at the Victim Impact Panel.

   ·        Offense is now a Class 6 Felony.

   ·        Prison term of up to 5 years.

   ·        Massive mandatory minimum jail term.

   ·        Total loss of license 

   ·        Court fines of up to $2500 plus court costs.

   ·        Mandatory civil fines totaling $3,000 for Virginia residents.
 

Fourth Offense

   ·        Class 6 Felony.

   ·       Prison term of up to 5 years.

   ·        Mandatory minimum jail term of 12 months.

   ·        Total loss of license.

   ·        Massive Court fines plus court costs.

   ·        Mandatory civil fines totaling $3,000 for Virginia residents.

Offense by Person under Age 21 (BAC of .02-less than .08)

   ·        Loss of license for 6 months.

   ·        Fines of up to $500 plus court costs.

(Q) What can a lawyer do to defend me?

(A) At the Law Office of Walker Walls & Lancaster, PLC we will:

   ·        Interview you in detail to review your arrest.

   ·        Evaluate every aspect of your arrest for every possible      defense.

   ·        Analyze the constitutional aspects of your stop.

   ·        Gather and analyze all relevant legal documents to ensure compliance with the law.

   ·        Secure your BAC test results from the forensics laboratory and ensure that the certificate is properly provided as required by law.

   ·        Ensure that the proper technical and legal procedures were followed during the administration of the BAC test.

   ·        Review and analyze whether the law enforcement officer executed the Field Sobriety Tests properly.

   ·        Determine allow possible defenses available to you.

   ·        Negotiate on your behalf with the Commonwealth to minimize all the possible penalties which are allowed by law.

   ·        Forcefully and meticulously fight for you at trial. 

(Q) Why is it important to be represented by an attorney?

(A) The defenses of a DWI charge are highly technical. A lawyer from our firm will review the stop for search/seizure and probable cause defenses based on the Fourth Amendment. After determining the legality of the traffic stop, we then the field sobriety tests and Blood Alcohol Certificate to ensure that the proper procedures were followed. 

Finally, a lawyer from our firm always subpoenas and reviews the maintenance records from the Department of Forensic Science to make certain the breath test machine (Intoxilizer 5000) was properly maintained and that the operator was fully authorized to conduct the test.

The majority of DUI/DWI cases are likely to lead to a conviction. In those cases, it is in the best interest of the defendant to plea bargain with the prosecutor prior to appearing before the judge.

In LoudounCounty it is not possible for an unrepresented defendant to plea bargain because the prosecutor will not speak to them. The terms of the plea bargain deal are almost always more favorable than pleading guilty to the Judge.  Additionally, if you are able to point out a legal weakness in the government's case, the plea deal only gets better for the defendant.

Please contact us at 571-243-3334 or by email at contactus@walkerlawva.com if your question was answered above.