Q: Charged with reckless driving and first DWI offense in VA, disputed breath test results

A: The first and most important step is to contact an experienced DUI defense attorney. They can review your situation in a confidential setting and give you advice specific to your case.

Right now, you’re facing two Class 1 misdemeanors, which carry the possibility of jail time, a suspended license, and other penalties. On top of that, the civil refusal violation could result in your license being automatically suspended.

A: The first step is to hire a criminal defense attorney experienced in DUI and traffic cases in Virginia. Bring all documentation from the arrest, including the trooper’s notes, breathalyzer results, and any paperwork you received. Your lawyer can review the procedures used, especially regarding the breath tests, and determine if any issues could affect the charges.

You should avoid discussing the case publicly or with anyone other than your attorney. Keep a detailed personal account of the traffic stop, the field sobriety tests, and interactions with the officer. This can help your lawyer reconstruct events and identify inconsistencies.

Potential consequences for a first DWI in Virginia can include fines, license suspension, mandatory alcohol education programs, and possibly jail time, while reckless driving may carry additional fines and points on your driving record. Your attorney may explore challenging the breath test results, questioning procedure, or negotiating reduced charges. Follow your attorney’s guidance closely and attend all court appearances to avoid worsening penalties.