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Tag Archives: driving under the influence

DUIs are Forever . . . in Virginia

Among the Top 10 Questions that I am asked:  “How long will a DUI be on my record?” Virginia makes the answer easy:  DUIs are forever. Virginia has no provision to erase or expunge any misdemeanor or felony conviction no matter how much time has passed.  It is true that a first or second DUI (both misdemeanors) will only “count” against you as a previous DUI for 10 years, but as of July of 2013 felony DUIs now count against ... Read More »

New Technology to End Drunk Driving?

In August 2013, National Highway Traffic Safety Administration Chief David Strickland wrote to the CEO’s of major automakers and urged them to continue supporting research and development of in-vehicle alcohol detection systems.  In 2008, research funded by automakers and the federal government began an effort to develop in-vehicle technologies that would prevent intoxicated drivers from starting and driving a car.  Although the Ignition Interlock Devices that are currently used accomplish this same goal, this new technology would differ significantly. Ignition ... Read More »

Proposed Changes to Florida’s DUI Laws May Limit Defenses.

House Bill 299 is a 96 page proposed amendment to Florida DUI Laws. There are numerous proposed changes which will be discussed in future posts, but the subject of today’s post is the proposal that makes it illegal to have a breath or blood concentration of .08 or higher at any time after driving. According to House Bill 299 a person can be convicted of DUI if, “[t]he person has an alcohol concentration of .08 or more grams of alcohol ... Read More »

Loss of Concealed Carry for DWIs in Virginia

While the concealed carry law was NOT changed in Virginia this year, the very long concealed carry section was reorganized into a number of smaller sections.  The result:  courts are increasingly requiring defendants convicted of DWI to relinquish their concealed carry permits. And this is for people that were NOT carrying while DWI.  The penalty for concealed carry while intoxicated is another Class 1 misdemeanor with up to a $2500 fine and a year in jail.  Your weapon will also usually be confiscated ... Read More »

PA ARD Expungements

After successful completion of the Accelerated Rehabilitative Disposition (ARD) Program, one may motion for an expungement.  But, what does this mean? An expungement removes the criminal aspect of your DUI charge.  So, for example, a new job you apply for runs a criminal background check and you are concerned it is going to show up.  After the motion for expungement is granted, it should not appear. However, if this new job requires a driving history, you should be aware that ... Read More »

Legally Prescribed Medication May Lead to a DUI Conviction

I receive many calls from persons arrested for DUI by prescription drugs who want to use as their defense the fact that they were taking the dosage of medication prescribed by their physician.  Today, prescription and over-the-counter drugs are a normal part of daily life for many people—many of whom are surprised to hear that taking a legally prescribed medication can still lead to a DUI conviction. Many prescription and over-the-counter drugs may impair a person’s ability to operate a ... Read More »

Chemical Test Refusals May Not be Criminal

In the context of a drunk driving arrest, a handful of states have enacted statutes criminalizing chemical test refusal. These states are Minnesota, Nebraska, Alaska, Virginia, Florida, Ohio and Vermont. The Ohio statute increases penalties for the refusal rather than considering the violation a new crime. These statutes are unusual, and while still relatively uncommon, they do raise unanswered questions regarding the limits of implied consent statutes and the propriety of the imposition of criminal penalties for refusing a warrantless ... Read More »

Reckless and Careless Driving and DUI

If you’ve been charged with driving under the influence, it is likely that you have also been charged with one or more summary offense.  A summary offense is a minor crime, for example careless driving or reckless driving, and often times, is the reason the officer pulled you over. In Pennsylvania, after being charged with a DUI, or any crime for that matter, the first court appearance is normally at the District Court closest to where the incident occurred. Every ... Read More »

Paying Police to Arrest You! A growing trend in Virginia.

You decide to go it alone – skip hiring a DWI defense attorney – and you get convicted of a DWI.  You pay a $250 fine that becomes almost $500 with court costs.  You pay a $300 entry fee for the Alcohol Safety and Action Program and even more for treatment and classes.  You pay $600 to $800 for ignition interlock so that you can begin to drive again.  You pay a DMV reinstatement fee.                 You file for FR44 ... Read More »

Colorado DUI Enforcement: The Myths Behind the Numbers

Law enforcement officials in Colorado say they made 1,342 DUI arrests between August 16 and September 3 — a time period during which they typically ramp up enforcement efforts in preparation for Labor Day Weekend, reports TheDenverChannel.com. Just to put this in context, because it sounds like a lot, this works out to an annual number of 24,973 arrests.  The 10-year average is usually between 30,000 and 35,000 consistently. 1,300 arrests for 100 agencies over 19 days is two arrests every three ... Read More »