Category Archives: NovaLegalGroup Blog

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 […]

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

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 […]

Are There Any Common Misconceptions About DUI Charges In Virginia?

Are There Any Common Misconceptions About DUI Charges In Virginia?

WHAT DOES BAC MEAN IN DUI CHARGES? People often don’t know what the Blood Alcohol Concentration (BAC) number means; such as a BAC of 0.08%, or higher.  This is the Blood Alcohol number the person gets if they have been consuming alcohol before they blow into a “Preliminary Breath Test” device, out on the road […]

Do DUI Clients Feel Differently At The End Of The First Phone Call Than They Did At The Beginning?

Do DUI Clients Feel Differently At The End Of The First Phone Call Than They Did At The Beginning?

Yes! Absolutely! Many of the potential clients we speak with on the phone have often already talked to several other DUI attorneys in Virginia, and they often tell us that their needs have not been met by the other attorneys they have talked to. This is often typically why they have called me. It’s a […]

Do Social And Economic Factors Affect Who Gets A DUI?

Do-Social-And-Economic-Factors-Affect-Who-Gets-A-DUI

Anyone, from any walk of life can, and does get a DUI-from Congressional and White House aides, to people in the CIA and the Defense Department; and from people who dig ditches and haul trash, to lawyers and doctors.  Whether rich or poor; whether black, white or brown; almost everyone has, at one time or […]

Are There Any DUI Cases Where The Odds Were Against Your Client But You Prevailed?

Successful DUI Cases for Situations That Seemed Impossible | Call Today

CAN DUI LAWYERS IN VIRGINIA SUCCESSFULLY PREVAIL IN COURT? Sure, in many, if not most cases. As an example, we had one case where we filed a special written demand for the history of the Breath Test Machine that our client blew into at the Police station, to determine the client’s Blood Alcohol Concentration (BAC). […]

Can Criminal Charges Be Expunged in Alexandria, Fairfax and the entire Northern Virginia Area?

Expungement Of Criminal Charges In Virginia

No, and sometimes Yes!  There is no expungement available in Virginia for any criminal convictions, including a DUI conviction.  If a person pleads guilty, is found guilty, or pleads “no contest” to a DUI charge, then they will have a Permanent Criminal Record for a Class 1 Misdemeanor for the rest of their life.  It […]

Frequently Asked Questions About DUI

Frequently Asked Questions About DUI

Q: What Justifies A DUI Traffic Stop? Answer: The Police Officer must have reasonable suspicion that you are engaging in criminal activity in order to initiate a stop for any traffic related matter. The law indicates that the police officer must be able to point to specific and articulable facts which, taken together with rational […]