DRIVING UNDER THE INFLUENCE
D.U.I
DRIVING WHILE INTOXICATED

Of all the possible criminal convictions, one for driving under the influence of alcohol carries more consequences than any other misdemeanor charge. I base this on the total of fines, costs, county and city fees, jail time, suspension of your driving license, required alcohol classes, DMV fees, insurance premiums, loss time from work, personal embarrassment, interruption of your life and that of your family and permanent criminal record. This is why you must be represented and be represented by a lawyer who tries these cases on a regular basis, knows the law and knows the science involved.

When a person comes in for an interview and is charged with DUI, the process takes more than an hour. The post-interview investigation can also be time consuming. I devote this length of time because I must know all of the facts leading up to, during and after your arrest. This includes your personal, educational, and medical information. It includes going to the scene, interviewing witness, and collecting information from the court, prosecutor, and arresting officer. Some facts lend themselves to further inquiry. This may mean that I will advise my client to seek the assistance of a expert toxicologist.

The device used to determine the illegal level of alcohol in a defendant’s blood is the EC/IR II. Often my investigation shows that the device is defective or not reliable because of how it was operated and should be excluded from use by the prosecutor.

I recently spoke to an attorney who advertises himself as a criminal defense attorney but does not regularly defend d.u.i’s . Upon my mentioning that I had obtained the logs of the breath test machine used by my client, he stated “oh, I quit doing that because the machine is always accurate”. Please don’t be discouraged if you hear this type of opinion from an attorney or from friends or associates. Every case is different; every case presents it own particular facts and circumstances. The machine is only as good as the persons maintaining it and the person running it.

Mounting a successful defense to D.U.I./D.W.I. takes time and experience. I have been practicing law since 1980 and have defended D.U.I. cases in the City of Richmond and Petersburg, in the counties of Chesterfield, Henrico, Hanover, Caroline, New Kent, Goochland, Powhatan, Amelia, and Prince George. I have tried cases in the General District Courts of these locations as well as the Circuit Courts. I have tried case before judges and juries. I am a member of the National Association of Criminal Defense Attorneys, the Virginia Association of Criminal Defense Attorneys and, most importantly, the National College for D.U.I. Defense. As a member of this group I regularly attend their seminars keeping abreast of developments in the science and the law. If you have been charged with D.U.I., please contact me for a consultation YOUR LICENSE IS YOUR LIFE.