Defense of Driving Under the Influence of Alcohol Cases

In the Commonwealth of Virginia, a first offense of Driving Under the Influence (DUI) is a Class One Misdemeanor, punishable by up to 12 months in jail and/or a fine of up to $2,500.00. A conviction for DUI under §18.2-266 of the Virginia Code results in a statutory 12 month loss of license and mandatory enrollment in the Alcohol Safety Action Program. If eligible, a Defendant may receive a restricted license to drive to work, school, child care and medical appointments.

DUI is a serious criminal offense and stays on a Virginia driving record for eleven (11) years. The DMV assesses six points as a demerit deduction for this conviction. DUI convictions may impact insurance rates, employment opportunities, and applications for security clearances.

The legal limit for adult drivers in the Commonwealth of Virginia is 0.08 percent blood alcohol concentration. The concentration of blood alcohol is usually measured by police with a breath test machine called the Intox EC/IR II, made by Intoximeters, Inc., a company located in St. Louis, MO. These machines are relatively new and replaced the older Intoxilyzer 5000 machines used for years in the Commonwealth.

Test results from the Intox EC/IR II may be introduced into evidence at the trial of a DUI. If the test results indicate a blood alcohol concentration of 0.08 percent or more of alcohol, there arises a rebuttable presumption that the defendant was under the influence of alcohol intoxicants at the time of the alleged offense. In order for the test results to come into evidence at trial, the person who administered the test must now be present in court as a witness (due to the recent Melendez-Diaz v. Massachusetts decision from the United States Supreme Court). At trial, the presumption of intoxication from test results may be overcome by a defendant’s driving conduct, performance on field sobriety tests, and behavior at the time of arrest.

Generally, the penalties for DUI increase depending on the level of intoxication, the defendant’s driving record, and behavior at the time of the stop. On a first offense with a blood alcohol concentration of 0.08 to 0.14, a defendant may receive jail time that is all suspended, conditioned on his or her good behavior. Defendants with a blood alcohol concentration of 0.15 to 0.20 receive a mandatory, minimum incarceration of five days. If the blood alcohol level is more than 0.20, the mandatory, minimum period of incarceration is ten days. Penalties increase substantially for those charged with a second, third or fourth offense of DUI. A third conviction for DUI within ten years is a Class 6 felony in the Commonwealth of Virginia under §18.2-270 of the Code of Virginia.

There are many technical defenses to the charge of DUI. Depending on the facts of the case and your driving record, Attorney Yeargan may be able to negotiate dismissal of the charge or reduction to a lesser offense. Contact Attorney Yeargan today for a free initial consultation. With ten years of trial experience, he can work with you to develop a strategy for successfully defending your case.

This is a short list of the many offenses contained in the Code of Virginia and excludes many other types of cases handled by this law firm. It is important to retain competent counsel early in the criminal trial process, especially in felony cases. Attorney Yeargan encourages prospective clients to contact him early before trial in misdemeanor cases and before the preliminary hearing in felony cases.

Click here for a short list of results from select cases handled by Attorney Yeargan.  This list reflects the general type of case load defended by the law firm. 

CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.

Wilfred Ward Yeargan, III
10560 Main Street
Suite 217
Fairfax, VA 22030

Telephone: 703-352-9044
Cell phone: 703-283-8442
Facsimile: 703-352-9045