DWI lawyer Fairfax, vain addition to being an experienced DWI lawyer at Fairfax, VA, Dave The way the laws are written is admittedly confusing. This is because they have to be written so that no unintentional interpretations are made. But here’s what Malabo believes that it should be stated in “simple English”. Note: Our lawyers operate in Fairfax and all other counties in Virginia. We have offices in Fairfax, Arlington and Staunton.
We refer to Fairfax, Virginia in this article because it is the largest jurisdiction in Virginia with the strictest procedures. Work performed under Fairfax standards meets or exceeds the standards in all other Commonwealth jurisdictions. It is therefore common to use them as a benchmark. First, a DWI lawyer, Fairfax, VA, should explain to a client that DUI (driving under the influence) and DWI (driving while noise) are the same in Virginia. Some states, the District of Columbia, and the federal government have separate laws. In these states, DUI generally drives in a way that is unsafe due to poisoning. Learn more about the DWI defense strategy. At DUI in these states, “poisoning” is generally demonstrated by the behavior, language, coordination, and driving behavior of the accused. In addition to DUI, these states also have a separate DWI law that provides for blood alcohol levels of 0.08 or more. This is demonstrated by a blood or breath test. If you test at 0.08 or more, the person in those states is automatically guilty of the DWI.
As you will see below, the Virginia legislature has combined both into one section of the code, Virginia Code SS 18.2-266.The Virginia code for DWI and DUI is SS 18.2-266.Va, an experienced DWI lawyer, Fairfax, should be able to explain this in plain English.
There are five ways to violate Virginia’s DUI Law: (1) operating a vehicle with a blood alcohol level above 0.08, (2) operating a vehicle under the “influence” of alcohol; (3) operating a vehicle “under the influence “of drugs; (4) operating a vehicle under the” influence of alcohol and drugs “and (5) operating a vehicle with a blood cocaine level of 0.02, a blood methamphetamine level (” speed “,” meth “,” ice “)of 0.10, a blood phencyclidine level (“PCP”, “angel dust”) of 0.01 or a blood level of 3,4-methylenedioxymethamphetamine (“MDMA”, “Ecstasy”) of 0.10.18.2-267 is the section of code that deals with the preliminary breath test. This test is used by prosecutors in court to justify why the accused should have been arrested in the first place. Remember, it is not illegal to consume and drive alcohol. It is only illegal to be drunk.
This preliminary breath test helps the police know who is “drunk” and should therefore be arrested. Before being arrested, the accused may have a preliminary breath test if one is available. This test cannot be used against you at the DUI trial, and your DWI lawyer Fairfax, a prosecutor’s VA should object, is trying to use it. However, it can be used in court applications and other DUI charges against you.
There is no penalty for refusing this preliminary breath test and the arrest officer must inform you of it.18.2-268.2 deals with the “three-hour rule”. This often creates gaps for a DWI lawyer Fairfax, argues Veto in the event of an accident. In such a case, the police arrive after driving. Therefore, the police may not know when the actual driving took place. If the prosecutor cannot prove that the arrest occurred within three hours of the alleged drunk driving, the breath or blood test may be removed from the evidence.