Do You Have A Plan Of Action For The DUI Clients Before They Even Come In?

Absolutely! That is what sets us apart from virtually all other attorneys.  We do not get off the phone on any potential Client’s first call to us until we’ve gathered information regarding their life; their DUI charge; and the facts of their case. Then we give them a customized “Plan of Action” for us to discuss, more in-depth, when they come in to meet with us, in person. Then, when we do meet with them, we begin to put that customized “Plan of Action” into effect to successfully defend them against their DUI charge.

What Is The Benefit Of Our Law Firm Preparing A Customized “Plan Of Action” For The Client; And The Client Being Proactive?

Despite the significant amount of “Due Diligence” we do, we cannot always rely on finding something wrong with the police case against our clients.  For most Client’s , this is a first time, life-altering event- for the Police Officer, this is just another routine DUI arrest–all in a night’s work.

Therefore, we ask our clients to also use “due diligence” and be proactive with us.  We help prepare their defense and usually continue their Court date into the future as far as we can to give them time to take an 8-Hour “Virginia Driver Improvement” Class before we go to court.  By doing this, they get 5+ points on their Virginia Driving Record and, in Court, it looks very positive to the Prosecutor and to the Judge that they’ve re-educated themselves on Virginia driving law before they go to court. We also often have them take a 4-hour “Aggressive/Reckless Driving” class and, in some cases, perhaps have them enroll in ASAP classes and do 25 hours of volunteer Community Service, all before Court.

We strongly encourage nearly all of our DUI clients to do all of these proactive measures, so that when we talk with the Prosecutor, before Court, if we cannot find any errors or “holes” in the Prosecutor’s case to likely win at trial, then we have a customized back- up “Plan of Action” to negotiate to get the DUI charge dismissed or reduced to a “Reckless Driving” or, perhaps, we can even get the DUI charge reduced to “Improper Driving”, (a non-criminal/non-infraction minor traffic finding.  I don’t believe that an attorney is doing their complete job if they don’t both do their legal Due Diligence, and have their Client do their own Proactive “Homework”.

By doing all of these things together, we give our clients a much greater chance of our either winning their case at trial, dismissed before trial, or reduced to a lesser charge/lesser penalties.

Does This Proactive “Team” Work Have A Significant Positive Effect On The Outcome Of The Case?

Yes! All of this proactive work by the clients, as part of our “Team”, serves to demonstrate that the client wants to be a better driver and a better citizen.  It demonstrates genuine remorse, if appropriate, without ever admitting guilt.  It almost always does something to either have the DUI dismissed; reduced to a lesser charge; or, to reduce the severity of DUI penalties and punishment.

Where Do You Find The Most Relevant Defenses For DUI Cases?

In DUI cases, and in every criminal case we handle, we first find out about the Client’s social, work and family lives and obligations.  Then, we get the facts of their case and explain the DUI laws to the client.  We then apply the facts to the law, and the law to the facts, to see where we can find “holes” in the prosecution’s case and opportunities for dismissal or reduction of the charge.  Then, we develop a customized “Plan of Action” for our Clients. We begin finding out if there were any errors in the way the police handled the traffic “stop”, the Breath test, the FST’s, the arrest, etc. to determine the best customized defense and “Plan of Action” for each client.

What Is The Highest BAC You Have Represented For Which You Got A Positive Result?

Someone who has had nothing to drink will blow a BAC of 0.00% BAC.  As the person begins drinking, that BAC goes up to 0.01%, 0.02%, 0.03%, up to 0.08% and higher.  Driving with a BAC of 0.08% or higher is considered “drunk driving” in Virginia, and nationwide.  At this level, a person is considered to be impaired with respect to their judgment and reaction times. The blood alcohol level can continue to rise to 0.09%, 0.10%, 0.11%, and above.  Those people who manage to get to a 0.30% BAC will likely suffer alcohol poisoning and be going into a coma or possibly die if they get to a 0.34% or 0.35% BAC.

The highest BAC I have ever defended was a client with a BAC of 0.34%, and I’ve seen that twice. Both clients were lucky to be alive. Fortunately, most people’s BAC’s never gets that high. Most people’s BAC falls between the range of a BAC of 0.10%-0.15%, but we have had numerous clients in the 0.15%-0.30% range, and above; yet were still able to get a number of their DUI charges dismissed.  If not dismissed, we can often get the “BAC number” reduced through a Plea Bargain; and thus get the most severe penalties dramatically reduced or negotiated away.

We do our due diligence and look for the criteria that will allow for a dismissal of the DUI; or, we get the DUI reduced or the punishment reduced, by doing our “homework”, and our client doing their “homework”; and looking for “holes” in the prosecution’s case.  We’ve worked to get the BAC percentage number dramatically reduced by negotiating with the Prosecutor, so that the person did not get any mandatory jail time that would normally be required when the person has a 0.15% BAC, or more.

For more information on Plan of Action For the Client, a free initial consultation with DUI lawyer is your next best step. Get the information and legal answers you’re seeking by calling (703) 548-1462 today.

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