If found guilty, the Judge could order you to serve all of your suspended sentence in jail. Contact the attorney who represented you on the DUI right away.

You should privately consult an xperienced DUI attorney to discuss the facts of your psrticular case

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.

If you believe you have a false positive, you must convince the judge at your violation hearing what caused mouth alcohol which was not caused by the consumption of alcohol or anything you are not supposed to use, like mouth wash. Generally, for a successful outcome, you will need an experienced... View More

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.

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answered on Apr 12, 2018

No, if you have been convicted you are not eligible for expungement of the arrest. You also cannot remove the conviction with community service. A criminal conviction in Virginia is permanent. The only relief you may get is a pardon from the Governor if you file a petition.

By statute, Virginia law allows misdemeanor jail sentences to be served on weekends or nonconsecutive days. However, there is no provision allowing felony time to be served on weekends. Felony time must be served consecutively and there is no statute authorizing weekends for a felony sentence.... View More

It is possible to be indicted without a preliminary hearing. If you have been indicted, then a warrant would have been issued. You should be able to check with the Circuit Court Clerk or the sheriff’s department in the jurisdiction where you would have been indicted to find out if you were... View More

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Yes. If the checkpoint was improperly setup, then there might be defenses that your attorney can raise at trial. However, those are issues decided in court, not at the scene of the checkpoint.

Your attorney is in the best position to explain what happened in your case. Depnding on the facts of your case,therecould be any number of reasons why your attorney might have pursued a particular defense strategy. The attorney who represented you should be able to explain to you his reasons for... View More

Anyone (including spouses) can be issued a subpoena by the Commonwealth as a witness in a case being prosecuted. While a subpoena can be issued, there may be situations where that person could still not testify as to certain matters, for example if a spousal communication privilege applies or if... View More

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

If you voluntarily took the Ambien, even if it was prescribed by a doctor, you can still be found guilty of driving under the influence. You should consult with an experienced cruminal/traffic defense attorney in your local jurisdiction to discuss possible defenses in your specific case.

The previous conviction is essential in proving the second.

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.

You definitely need to hire an experienced DUI attorney to review the circumstances of your case and to negotiate terms of a guilty plea if no defense is available. Pleading guilty and then trying to get the BAC reduced won't work.

If you were convicted it is not able to be expunged under Virginia Law.

Your license will likely be treated as if the dui was committed in VA. DMV may insist on 6 months use of an interlock device.

It will depend on whether it is a judge-alone trial or a jury trial along with available dates for the court, defense counsel and all witnesses. Usually with 3-4 months though. Whether the person is taken into custody or bond is granted will depend on a lot of factors, such as the... View More