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Questions Answered by Stephen Patrick Pfeiffer
2 Answers | Asked in DUI / DWI and Insurance Defense for Virginia on
Q: Will I need an ignition interlock after DUI restriction ends?

I received my first DUI when I was 21, and my one-year driving restriction is about to end. I have completed all court-mandated programs, and there is no mention of an ignition interlock device requirement after the restriction in my court documents. I do not currently have a car in my name but... View More

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Feb 20, 2025

You should simply have to take a written test and pay the reinstatement fee to get your license back. However, I have seen the DMV state you have to get an interlock when the box was checked even when you never had on installed. This normally requires us to go back to the original trial court to... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and DUI / DWI for Virginia on
Q: How to resolve jail release delay after false abuse accusation and charges?

My boyfriend was falsely accused of abuse. A colleague called the police and gave a false statement, but I denied the allegations. However, he was still taken into custody. He was charged with simple assault (secured bond) and a DUI (unsecured bond). Despite seeing a judge and being told of his... View More

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Feb 15, 2025

It’s important to know what city your boyfriend has been charged in. If he has been processed by the magistrate and received a bond then contact a bail bondsman. But there’s a chance that he has not received a bond and will have to wait to go before the judge.

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2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Virginia on
Q: How to fight false allegation of assault and DUI in Hanover, VA?

My boyfriend was recently arrested in Hanover, VA, for a false allegation of simple assault and his third DUI. He was not driving at the time officers contacted him, and the keys were on the passenger seat while he drank after the car was off. He refused a field sobriety test and a Breathalyzer at... View More

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Feb 17, 2025

I know this is gonna sound cliché, but the best way to fight the cases is to hire an experienced DUI and criminal defense attorney in Hanover.

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3 Answers | Asked in DUI / DWI for Virginia on
Q: If I was drunk and sleeping in my car and the police came and arrested me and charged me with a dwi. What do I do?
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Dec 28, 2024

Hire a DUI lawyer in the city you were charged. The law has a strange definition of operation.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: If I already signed a plea agreement restricting my license for 12 months can I change it to 6 months

I was charged with a dui my first offense and instead of doing the six months restricted I choose the 12 months with interlock but now I’m seeing I can’t afford to have an interlock for 12 months that the 6 months is more ideal is there anyway I can go back and change it?

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Dec 12, 2024

You would need to file a motion to reopen if still in the appropriate timeframe to do so and ask the court to change the order. The problem is the DMV and ASAP will most likely restart the clock. You should contact your original attorney.

1 Answer | Asked in Criminal Law, DUI / DWI and Constitutional Law for Virginia on
Q: I want to ask a judge to change a court order made in a plea agreement years ago; can I use the Motion to Amend/Review?

It was a plea agreement from DUI to "wet reckless" with one of the conditions being to take ASAP before getting my license back. I am unable to take ASAP for financial reasons, can't secure employment, and this is holding me back from life progression.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on May 3, 2023

You will most likely have no success in doing that because it was plea between you and the Commonwealth which is basically a contract. Additionally, you are well beyond the time to appeal or reopen your case.

1 Answer | Asked in Criminal Law and DUI / DWI for Virginia on
Q: Is the smell of alcohol and having "glassy eyes" sufficient probable cause to make arrest on a Drunk In Public charge?

Cop testified the defendant was not acting in an obscene way, was not stumbling, did not have slurry speech, no blood-shot eyes, nor mentioned drinking alcohol or had any on his person.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Mar 1, 2023

There is certainly a fertile argument, that he was not impaired without a visible effect to his muscular, skeletal movement.

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... View 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... View 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... View 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... View 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... View 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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