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Virginia DUI / DWI Questions & Answers
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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1 Answer | Asked in DUI / DWI, Civil Rights and Municipal Law for Virginia on
Q: How do you get an interdiction removed in virginia?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 26, 2018

In Virginia, the court that entered the order may amend it or cancel it:

https://law.lis.virginia.gov/vacode/title4.1/chapter3/section4.1-333/

You would need to have a hearing before the court that entered the order (and presumably satisfy them that it should not be in place).

1 Answer | Asked in DUI / DWI for Virginia on
Q: How accurate are breathalizers? Is there any way to challenge the results in court?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 20, 2018

You can challenge them to some extent. The department of forensic sciences maintains records on the machines and an attorney can get access to recent tests. But challenging them is fairly technical. The machines are also making assumptions that may or may not be true regarding your body's... Read more »

1 Answer | Asked in DUI / DWI for Virginia on
Q: Do past DUI convictions mean my punishment will be more severe if I get convicted again?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 15, 2018

Past convictions for DUI often do mean your punishment is going to be more severe. Certain offenses like a DUI 2nd within 5, 2nd within 5-10, or third offense within 10 or 4th offense within 10 years have mandatory elevated penalties if you are convicted as charged. Where you got convicted (what... Read more »

1 Answer | Asked in DUI / DWI, Immigration Law and Traffic Tickets for Virginia on
Q: Got tickets for driving backwards on HWY, no seatbelt, and suspended license

currently on probation for 5 yrs for dwi and suspended license, Would I have to go to jail?

Daniel P Leavitt
Daniel P Leavitt answered on Oct 15, 2018

Not enough details but the short answer here is that jail time is possible. If you have a suspended jail sentence for your prior charges then you could potentially face jail time for violating the terms of your suspended sentence. In addition, I am assuming they charged you with reckless driving... Read more »

1 Answer | Asked in DUI / DWI for Virginia on
Q: Hello, Whats does a Nolle Prosequi mean for SC-FAIL TO COMPLY/ASAP?

My case for DUI-1st was a guilty. I ended up moving away and currently living in another state. I do not drive at all, and will not until I comply.

I went back to review my case and pay fines, and found Nolle Prosequi for ASAP classes.. Does that mean I can just pay my fines, and get back... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Oct 15, 2018

It sounds like you were charged with a show cause for failing to comply with asap. The show cause is a criminal charge to bring you before the court to answer for why you did not comply. Nolle prosequi means to decline to prosecute. So it does not have anything to do with your requirement to... Read more »

1 Answer | Asked in DUI / DWI for Virginia on
Q: VA-Charged with open container..04 BAC.DUI reduced to Reckless 11 years ago. What should I expect? Fine/Jail/Suspension

Checkpoint. Not pulled over. Fauquier County.

Daniel P Leavitt
Daniel P Leavitt answered on Oct 15, 2018

Assuming you were charged under 18.2-323.1, then that is a class 4 misdemeanor which is punishable by a fine only up to $250. It is a class 4 misdemeanor which carries no possible jail time.

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... 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 Criminal Law and DUI / DWI for Virginia on
Q: Criminal case file

Can I request a copy of my case file? If so, are there any rules that govern this request?

Bryan J. Jones
Bryan J. Jones answered on Aug 9, 2018

Probably not. You're attorney may be able to review the file, but prosecutors in Virginia are not required to turn over your case file.

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: Revoke bond

If you are currently out on bond can the prosecutor ask for your bond to be revoked because you decide to change from a plea to a judge trial? I have not violated any terms of my bond.

Timothy J. Quick
Timothy J. Quick answered on Jun 18, 2018

A prosecutor can ask for anything, but that does not necessarily mean the prosecutor is going to get it. I think a prosecutor would be hard-pressed to convince a judge that your bond should be revoked because you want to exercise your absolute constitutional right to go to trial if you have not... Read more »

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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