Defense Tactics and Results forRecent Virgina DUI Cases

There are several ways to defend driving while under the influence of alcohol (DUI / DWI) cases and some of the more common defense tactics are to challenge the consitutionality of the initial traffic stop, the administration of field sobriety tests (FST's), probable cause for arrest, the administration of the breath test to determine blood alcohol content (BAC) and the accuracy/validity of that test.

Listed below are some specific examples of DUI / DWI cases I have handled recently, some of the defense tactics used and the outcome of each case. Of course I can't guarantee a similar outcome in your case, as the facts, circumstances and legal issues of each case are different.

In Virginia, by driving on the roads you impliedly consent to submit to a blood and/or breath test to determine the probably alcohol/drug content of your blood. When one is arrested for driving while under the influence of alcohol (DUI / DWI) the officer is to advise the person arrested of these rights. If one refuses to submit to the breath/blood test, a separate offense of Unreasonably Refusing to Submit to a Breath Test will be charged. Some of the cases below involve this “Refusal” charge as well as a charge of driving while under the influence of alcohol (DUI / DWI).

Aug 2004 - Felony DUI (3rd) and Refusal - Felony DUI reduced to Reckless Driving; Refusal dismissed.

Jul 2004 - DUI and Refusal - challenged FST’s and PBT; DUI reduced to Reckless Driving with no jail and immediate restricted license; Refusal dismissed.

Jul 2004 - DUI 2nd in 5 yrs (.13) - challenged machine with maintenance records; DUI 2nd in 5 reduced to DUI 1st with immediate restricted license and no jail.

Jun 2004 - DUI (.15) - challenged FST’s and probable cause for arrest; reduced to Reckless Driving with immediate restricted license and no jail.

Jun 2004 - DUI 2nd in 5 years (.06) - Reduced to Reckless Driving with fine only.

Jun 2004 - DUI 2nd in 5 years (.08) - Reduced to Reckless Driving with immediate restricted license.

Jun 2004 - DUI 2nd in 5 years and Driving Suspended - DUI reduced to 1st offense with immediate restricted license and no jail; Driving Suspended dismissed.

May 2004 - Reckless Driving (Dual Fatality) - client was accused of racing with another individual who lost control of his car, hit another vehicle head on resulting in his own death and the death of his passenger. Client found not guilty.

Mar 2004 - DUI (.21) - used toxicologist to challenge BAC at the time of driving; got BAC reduced to below .20; client avoided mandatory jail sentence and obtained restricted license immediately.

Mar 2004 - DUI (.12) - challenged implied consent - reduced to Reckless Driving with restricted license.

Feb 2004 - DUI 4th (.13) - challenged roadblock; resolved as 1st offense with immediate restricted license and no jail.

Jan 2004 - DUI (.16) - used toxicologist to challenge BAC at the time of driving; reduced to Reckless Driving with immediate restricted license and no jail.

Jan 2004 - DUI and Refusal - challenged FST's; Refusal dismissed; DUI reduced to Reckless Driving with immediate restricted license and no jail.

Dec 2003 - DUI (.14) - challenged basis for stop and FST's; reduced to Reckless Driving.

Oct 2003 - DUI and Refusal - challenged FST's; Refusal dismissed; DUI reduced to Reckless Driving with restricted license and no jail.

Sep 2003 - Felony DUI (4th) - reduced to misdemeanor DUI (2nd in 5 years); client avoided felony status and eligible for restricted license after one year instead of having to wait 3 years.

Sep 2003 - DUI (.14) involving an accident - challenged ability to prove no alcohol consumed after the accident; reduced to Reckless Driving with restricted license and no jail.

Aug 2003 - DUI (.12) - dismissed.

Aug 2003 - DUI (.21) - used toxicologist to challenge BAC at time of driving; got BAC reduced to below .20; client avoided mandatory jail sentence and got restricted license immediately.

July 2003 - Felony DUI (3rd or subsequent iin 10 years) - reduced to misdemeanor DUI (2nd in 5 years); client avoided felony and eligible for restricted license after one year instead of three years.

Jun 2003 - Felony DUI (3rd or subsequent in 10 years), Hit and Run, Driving Suspended and Refusal - Felony DUI dimsissed; Hit and Run dimsissed; guilty to Driving Suspended and Refusal; no jail.

Jun 2003 - DUI (.09) - challenged BAC at time of driving; amended to Reckless Driving with restricted license and no jail.

Jun 2003 - DUI and Refusal - chellenged FST's; Refusal dismissed; DUI reduced to Reckless Driving with restricted license and no jail.

May 2003 - DUI (.24) - used toxicologist to challenge BAC at the time of driving; got BAC reduced to below .20; client avoided mandatory jail sentence and obtained restricted license immediately.

Apr 2003 - DUI (.13) - challenged basis for stop and BAC at time of driving; dismissed.

Apr 2003 - DUI and Refusal - challenged FST's; Refusal dismissed; DUI reduced to Reckless Driving with restricted license and no jail.

Mar 2003 - DUI 2nd in 10 years (.11); reduced to first offense resulting in a one year suspension instead of a three year suspension; client eligible to get restricted license immediately instead of having to wait 4 months.

Feb 2003 - DUI (.14) - challenged administration of test; reduced to Reckless Driving with restricted license and no jail.

Feb 2003 - DUI and Refusal - challenged FST's; Refusal dismissed; DUI reduced to Reckless Driving with restricted license and no jail.

Jan 2003 - DUI (based on drugs instead of alcohol); dismissed.

Jan 2003 - Felony DUI (3rd or subsequent in 10 years); reduced to misdemeanor DUI (2nd in 5 years).

Jan 2003 - DUI 2nd in 5 years (.16) - reduced to a first offense; client avoided mandatory jail sentence and eligible for restricted license immediately instead of having to wait one year.

Jan 2003- Felony DUI (3rd or subsequent) - challenged basis for stop; reduced to misdemeanor DUI.