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Questions Answered by Stephen Patrick Pfeiffer
1 Answer | Asked in DUI / DWI for Virginia on
Q: If convicted of maiming while dwi does that make it illegal for employers to allow you to see alcohol?
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Sep 28, 2022

The answer is, it depends. If you were interdicted then it is illegal for you to purchase or possess alcohol. Often times, the courts will also include in the terms of your probation and good behavior that you were not allowed to purchase or possess alcohol. Virginia is an at will employment... Read more »

2 Answers | Asked in DUI / DWI for Virginia on
Q: Would it be a 3rd DWI within 10yrs if one offense was 18yrs ago in 2004?

I was arrested for 3rd DWI within 5-10yrs in Virginia. My 2nd offense was in 2015 and my 1st was 2004 (18yrs ago). Would the charge still be 3rd DWI?

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Aug 3, 2022

It should not be a felony if the first was back in 2004.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: what is the penalty for first time 18.2-266. Inside car @ wawa to get water and composure; passed out. 911 call to er.

treated and discharged from er. Unable to sign Virginia Uniform Summons.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Apr 28, 2022

If you’re convicted of a DWI in Virginia your license to drive must be suspended for 12 months. TheCourt is allowed to grant you a restricted driving license with interlock for a certain period of time. Additionally you’re facing up to a $2500 fine and up to one year in jail. Depending what... Read more »

1 Answer | Asked in DUI / DWI for Virginia on
Q: What does DWI:Drugs mean? Is it alcohol and drugs or just one of them

Traffic violation

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Apr 5, 2022

I means the government suspects you were driving under the influence of drugs or a combination of drugs and alcohol.

1 Answer | Asked in DUI / DWI for Virginia on
Q: How to remove a false charge

On my driving record it says I killed someone on a dui. I got a dui but I never killed anyone. What can I do to get it removed? Can I sue someone about this they are making me do a treatment session due to this.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Jun 9, 2021

This is may have been a clerical error and may be corrected by contacting the clerk of the court in which you were convicted.

1 Answer | Asked in Cannabis & Marijuana Law, Criminal Law and DUI / DWI for Virginia on
Q: I live in Virginia and need to take ASAP classes, now that marijuana is legal here should I worry about testing positive

The law goes into effect on July 1st, and my first intake appointment isn’t until May 12

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Apr 9, 2021

Absolutely, alcohol is also legal but the condition of your ASAP supervision requires no drugs and no alcohol.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Do i still need to go

My car was broke down and i was waiting for my boss to come and i got a Dui. This happened 15 yrs ago. Do i still need to go to classes and have the interlock installed on my car

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Oct 10, 2020

If you never attended ASAP the DMV will require you to do so in order to get your license reinstated. The best thing to do is to contact the DMV for a compliance summary.

2 Answers | Asked in DUI / DWI for Virginia on
Q: I received a D.U.I. approximately 8 years ago in Virginia, i paid all my fines, but was required to attend VASAP

I was also told I'd have to have a breathalyzer installed in my vehicle for at least 6 months. Last year or so I asked for a transcript of my charges to ask the D.M.V. what I need to to start getting my licenses reinstated. Since the breathalyzer wasn't present on my transcript would I... Read more »

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Oct 3, 2020

In classic legal form the answer is it depends. If the court didn’t order you to have the interlock in your vehicle and you simply walked without driving during your suspension time you may be able to simply finish the ASAP course and pay your reinstatement fee to get your license back.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: I got a dui in 2014 and was wondering if the classes required fall off my record at some point?
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Aug 6, 2020

Unfortunately the VA DMV will require you to complete ASAP in order to have your license reinstated.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Can you operate a boat in Virginia while having a suspended driver’s license due to dui?
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Jun 4, 2020

The short answer is yes. When you’re convicted of a DUI in Virginia your privilege to operate any “motor vehicle” is suspended. As a result, you are prohibited from operating any vehicle with an engine including a boat.

2 Answers | Asked in DUI / DWI for Virginia on
Q: I got a dwi in virginia yesterday. Is there any way to ask for them to not suspend my license or add points to my licen?

I got pulled over going 45 in a thirty. I had several beers and thought I did well on sobriety test. I consented to a breathalyzer because I thought I wasn't over. I blew .14 or something. I got arrested and ge tried to get me to submit another breathalyzer back at police station but I... Read more »

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Nov 10, 2019

What city were you arrested in? Unfortunately, you cannot make an agreement where you will not be assessed points. A DUI conviction not only carries with it demerit points but a 12 month license suspension, a requirement for ignition interlock, alcohol monitoring through ASAP and even a possibility... Read more »

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1 Answer | Asked in DUI / DWI for Virginia on
Q: How can I verify that he person who drew my blood in a DUI was qualified to do so in the state of Virginia.
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Nov 16, 2018

You’ll need to get the name of the person who drew the blood from a discovery response from the Commonwealth Attorney. Thereafter you’ll need to check to see if that person is qualified under 18.2-268.5.

2 Answers | Asked in DUI / DWI for Virginia on
Q: Can I refuse a breath or blood test until I have a lawyer present?
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Nov 2, 2018

No, you’ll still be charge with refusal because it is a civil violation.

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2 Answers | Asked in DUI / DWI for Virginia on
Q: In Virginia in 2018 are you allowed to refuse a blood test?

Was pulled over in June, given at least 8 field sobriety tests and then told I could not refuse a blood test. Arrested and charged with dwi on my prescription medicine

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Oct 7, 2018

You can refuse but you will most likely be charged with refusal and risk having a one year civil license suspension.

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1 Answer | Asked in DUI / DWI and Civil Rights for Virginia on
Q: I was pulled over for DUI on June 29th my court date is not until November 7th that is arraignment on August 22nd for su

No my license are being suspended on August 22nd and I haven't even been to court yet my court date is November 7th I haven't legal aid lawyer she will not even return my calls nothing I'm getting railroaded and I can't do nothing please help me at least give me a direction to... Read more »

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Aug 11, 2018

If you are not getting the level of representation you want you should consider hiring private counsel.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Suppression motion felony DUI

Is there a law that governs when a motion to suppress has to be heard by. For example, 7 days before trial? Or is it based on jurisdiction.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Jul 30, 2018

See https://law.lis.virginia.gov/vacode/title19.2/chapter15/section19.2-266.2/

The local rules of court also impact the timing of motions. Additionally, the parties can normally modify timing by agreement.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Can you get a DUI on a bicycle?
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Jul 27, 2018

A bicycle does not count as a “motor vehicle” in Virginia. However you can be charged with reckless biking.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Appeal Felony DUI

If you appeal a felony DUI conviction would you be able to stay out on bail while awaiting appeal?

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Jul 27, 2018

It is possible to have the court stay your sentence pending your appeal to the Court of Appeals but it is very rare.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Motion to Suppress Evidence - Felony DUI

Is there a law that governs Motions to Suppress evidence in Felony DUI cases? For example, does the motion have to be submitted by a certain time? Would there be a hearing before trial or would the motion be argued at trial (scheduled for a trial by jury)? If there are laws that govern this... Read more »

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Jul 6, 2018

Generally, motions to suppress are to be raised before trial and heard before trial unless the parties agree to consolidate the matters for trial. Please see Virginia Code 19.2-266.2. https://law.lis.virginia.gov/vacode/title19.2/chapter15/section19.2-266.2/

1 Answer | Asked in DUI / DWI for Virginia on
Q: Motion to suppress evidence DUI felony case

Does anyone know if a motion to suppress evidence in a DUI felony case happens before the actual trial date? If so, does the judge review the motion with my lawyer, prosecution, and police officer in a private hearing?

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Jun 22, 2018

The motion to suppress can happen before court, or in some cases, the parties will agree to hear the matter before the trial. The judge will review the motion and hear the evidence regarding the motion and thereafter make a ruling.

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