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Have you been charged with DUI in Virginia?

Are you concerned about the consequences of being charged with DUI in Virginia?

As per Virginia Code § 18.2-266

“It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v)…”

DUI Attorney Arlington Virginia

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court alone if you have been charged with a crime of DUI in Virginia.

If you have been charged with a criminal offense of DUI in Virginia, contact our law firm for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

DUI Attorney Arlington Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Benny v. Commonwealth

Facts:

Defendant was convicted of operating a vehicle under the influence of intoxicants (DUI) and received a suspended sentence in Arlington. Defendant was again convicted of a second DUI offense, and was required to serve two days of a sentence imposed for the second conviction. In a third DUI proceeding against defendant, he alleged that he had not waived the right to counsel and was not represented by counsel in the two prior DUI proceedings, and thus objected to the admission of the prior convictions into evidence. The trial court admitted them into evidence, the jury found defendant guilty “as charged,” and defendant was sentenced to a jail sentence, upon which the trial court entered judgment. The appellate court affirmed, but the court reversed and remanded. The court found that defendant was not represented by counsel at both prior proceedings. The court held that defendant’s first conviction was not constitutionally invalid because defendant received a suspended sentence for his first conviction. However, the court found the second conviction constitutionally infirm because defendant had to serve two days in jail. Thus, the second conviction was inadmissible in the third proceeding.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • Many federal courts that have considered the issue of an uncounseled misdemeanor conviction with a suspended sentence have not invalidated the misdemeanor conviction itself. There is no constitutional right to counsel in a misdemeanor case unless the conviction results in an “actual imprisonment.”

If you have been charged with a criminal offense of DUI in Virginia, contact our law firm for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

DUI Attorney Arlington Virginia

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.