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Questions Answered by Stephen Patrick Pfeiffer
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
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
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
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 file a motion to stop... Read more »

Stephen Patrick Pfeiffer
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
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
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
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
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
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.

1 Answer | Asked in DUI / DWI for Virginia on
Q: What will happen to my insurance after a DUI?
Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Jun 13, 2018

The price will most likely go up if you are convicted and you will have to purchase supplemental insurance with a restricted license.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Am i going to loose my cdl for life if i got a dwi/arrest being in my semi truck smoking pot?
Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Jun 4, 2018

Not if you are able to defend against these charges in court. That is the first line of defending your CDL. If you are convicted of DWI/DUI your CDL will be revoked but I do not believe it is indefinite in VA.

3 Answers | Asked in DUI / DWI for Virginia on
Q: If you are below .08 can you still get arrested for drunk driving?
Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on May 25, 2018

Yes, the level of your blood alcohol level only creates a rebuttable inference of impairment. If the court finds beyond a reasonable doubt you drank enough alcohol to affect your speech, manner and disposition they can still convict you.

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3 Answers | Asked in DUI / DWI for Virginia on
Q: Felony DUI Court Case

After my Grand Jury day I said that my next court date would be a plea. I have changed my mind and will be going forward with a judge trial. My question, is will my original court date for plea change because of going with judge trial.

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on May 9, 2018

It depends on the practice in the individual jurisdiction you are being tried. The best thing to do is to reach out to your attorney in advance to secure a date.

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2 Answers | Asked in DUI / DWI for Virginia on
Q: What is the consequence of a asap violation/noncompliance with asap. (Original charge was a DWI 1st off. No other priors
Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on May 8, 2018

You face serving the suspended sentence and additional fines that were imposed by the DUI conviction.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: Can you get a DUI/DWI in Virginia if parked on private property with keys in ignition.

I was parked on private property with keys in ignition and was given a DUI charge. Is this legal?

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on May 4, 2018

Yes you can. If it was truly private property the blood alcohol results may not be admissible against you. But in Virginia you can be convicted for DUI on private property. The definition of “Operation” by the courts is very broad. Simply having your key in the ignition is enough.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Grand Jury Day - DUI Felony Offense

Does the police officer have to show up for my case on Grand Jury day? If so, what happens if he does not show?

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Apr 17, 2018

The Grand Jury would need to hear evidence from someone to determine if probable cause existed. The officer will most likely be present. If not, I would assume the Commonwealth Attorney would not present the case to the Grand Jury until the officer would be present.

3 Answers | Asked in DUI / DWI for Virginia on
Q: Can you get a DUI removed from your record through community service?
Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Apr 13, 2018

No. If you are convicted of a DUI it is not able to be removed from your record.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: Can commonwealth subpoena wife to testify against her husband over dwi.
Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Mar 16, 2018

Yes, but there could be some issues regarding spousal privilege.

3 Answers | Asked in DUI / DWI and Social Security for Virginia on
Q: Can I be charged with a dwi2 without being convicted of 1st dwi.
Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Mar 14, 2018

The previous conviction is essential in proving the second.

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2 Answers | Asked in DUI / DWI for Virginia on
Q: I got Charge with a DWI on 3/4/18 @6am. My first offense. The officer told me my License is Suspended for 7 Days.

My Question is can I start driving on 3/11/18 or 3/12/18?

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Mar 8, 2018

On 3-11-18 at the same time your warrant states and usually you can pick up your license from the civil clerk of court the next business day.

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