Category Archives: DUI

Frequently Asked Questions About Theft Crimes

Frequently Asked Questions About Theft Crimes

Q: How Does The Law Define Larceny In Your State? Answer: Virginia common law defines larceny as the wrongful or fraudulent taking of personal goods of some intrinsic value, belonging to another, without his assent, and with the intent to deprive the owner permanently of such goods. Q: What Determines The Category Or Degree Of […]

Difference Between “DWI” And “DUI”

Difference Between “DWI” And “DUI”

The terms “DWI and DUI” are often used interchangeably, but, in Virginia, there is a significant difference between the terms ” DWI and DUI”.  A DWI is a drunk driving charge in which the person charged has either blown a 0.08%Blood Alcohol Concentration (BAC), or higher, or has actually had their blood drawn by a […]

How Attorneys Help The DUI Clients Feel Better

How Attorneys Help The DUI Clients Feel Better

People come to us with having received bad advice and misinformation, and want to know what can be done about their situation and how an attorney can help deal with it. It’s the attorney’s job to provide them with the correct information and a customized “Plan of Action”; so that when the potential client is […]

How Long Is The Observation Period Before A Breathalyzer Test

How Long Is The Observation Period Before A Breathalyzer Test

In Virginia, the observation period is 20 minute, and among the things that the police officer looks for certain things during that 20 minutes including if the defendant burps, belches, gets sick, puts their hand to their mouth or anything else that could possibly taint the results of the breathalyzer. Police usually abide by the […]

Can Someone Request A Blood Test Instead Of A Breath Test

Can Someone Request A Blood Test Instead Of A Breath Test

In Virginia, no one can legally request a blood test in place of a breath test; it is completely at the discretion of the police officer as to whether someone is offered a breath test or a blood test. The protocol is to always offer a breath test unless there is a problem with the […]

How Do People Unintentionally Violate Their Miranda Rights In A DUI

How Do People Unintentionally Violate Their Miranda Rights In A DUI

In order to both comply with the constitutional rights of the defendant and to protect the integrity of their case, if there is a question of custody and a confession in a DUI case, the police officers will read the Miranda Rights to the defendant when they handcuff them out on the road. Prior to […]