How Does Virginia’s Interlock Law Work?

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How Does Virginia’s Interlock Law Work?

DUI over .08

The ignition interlock law in Virginia is one of the toughest in the country. It is also one of the most criticized laws when it comes to DUI penalties. In the simplest terms, the law in Virginia requires all those convicted of driving under the influence to install an ignition interlock device in their vehicles, including first-time offenders. Today, we will take a deeper look at the interlock law of Virginia, so you understand what you are required to do if you are ever convicted for DUI.

When the Law Changed

The new law was passed overwhelmingly by Virginia lawmakers and went into effect in July 2012. The old law only required ignition interlock devices in vehicles of repeat offenders or first-time offenders who recorded a blood alcohol concentration of 0.15 or higher.

The change in the law was brought about by the high number of DUI incidents in the state, according to the then-president of the Washington Area Regional Alcohol Program, Kurt Erickson. Erickson said in a 2012 Washington Post story (regarding the previous law) that there are still 29,000 people arrested each year for DUI in Virginia. And data from the Department of Transportation in the state showed that 37 percent of deaths on the road were alcohol-related.

All About the Virginia Ignition Interlock Law

The new law in Virginia requires all those convicted for DUI to install the device, along with an electronic log on all of the vehicles they own or that are registered to them. Those convicted must also enroll in an alcohol safety action program run by the state and provide proof of such to a supervisor from the program. Here are some other notable facts about the new Virginia ignition interlock law:

  • The law requires a minimum of six months for the device to be installed in the offender’s vehicle. The court has the discretion to extend this if there are other DUI convictions on the offender’s record.
  • DUI offenders are not allowed to drive any type of vehicle that does not have an ignition interlock device installed.
  • The state names providers of ignition interlock devices and electronic logs. Offenders must acquire the device and the log from one of these state-approved providers and no one else.
  • Employers are allowed to ask the court for special dispensation for an employee to drive a company vehicle that is not equipped with an interlock device. If this is the case, the employee is only allowed to drive the company vehicle during work hours and for business purposes only. Should the vehicle owned by the company belong to a company the offender owns, he or she will not be permitted to drive said vehicle.
  • During the six-month restriction period, or whatever period is assigned by the court, the offender cannot drive a commercial vehicle, a school bus, or any other school vehicle.
  • The court could rule that the ignition interlock device be installed the minute the offender is convicted. This leads to a requirement of the offender paying the court a $20 fee.
  • All costs related to the ignition interlock device, including installation, are the responsibility of the offender. The ignition interlock device must be serviced and calibrated every 30 days. Proof of this must be submitted to the offender’s program supervisor as well as the court that issued the conviction.
  • The electronic logs are submitted by the provider of the device to the court every 30 days.
  • All driving privileges will be revoked if the offender fails to install the ignition interlock device in their vehicle, fails to have it serviced every 30 days, or fails to have it monitored electronically.
  • A person who aids the offender bypass the device by blowing into it for them or tampering with it is subject to a Class 1 misdemeanor. This includes providing the offender with a vehicle that does not have an interlock device installed.

Schedule a Consultation with a Skilled Criminal Defense Attorney

Were you arrested and charged with driving under the influence in Virginia? A DUI conviction can be costly in numerous ways, including heavy fines, possible jail time, community service, loss of driving privileges, and the mandatory installation of an interlock ignition device. Having a DUI conviction on your criminal record can cost you in other ways as well. For example, you may have more difficulty obtaining housing, employment, bank financing, college scholarships, and obtaining a firearm.

With so much on the line, you cannot afford to leave your DUI defense to chance. It’s time for you to protect your rights by contacting the experienced criminal defense team at the Pack Law Group. Call our office at 540-586-7225 to schedule a consultation, or you may send a secure and confidential message through our online contact form.

Do DUI Checkpoints Deter Drunk Driving?

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Do DUI Checkpoints Deter Drunk Driving?

dui checkpoint

There is no doubt that drunk driving is a dangerous practice. According to the Centers for Disease Control and Prevention (CDC), nearly 10,500 people died in 2016 in drunk-driving related crashes. Many people believe that more should be done to put an end to drunk driving. While lawmakers and various organizations have played around with numerous different tactics, including anti-drunk driving campaigns, one strategy that has been experimented with is the implementation of DUI checkpoints.

Also called sobriety checkpoints, these stops are highly contested, and opinions about their effectiveness are far from conclusive. For example, an article in The Washington Times explains “why sobriety checkpoints don’t work,” whereas an article published by the Insurance Institute for Highway Safety (IIHS) claims that “sobriety checkpoints deter impaired drivers.”

Here is a look at the data and evidence regarding whether or not DUI checkpoints really deter drunk driving. If you have been stopped at a DUI checkpoint and are facing DUI charges as a result, call the experienced criminal law attorneys at the Pack Law Group for a consultation about your rights and defense options.

Do DUI Checkpoints Actually Work to Deter Drunk Drivers?

The effectiveness of DUI checkpoints in the deterrence of drunk drivers (not the apprehension of them) is based on the assumption that drunk drivers (or potential drunk drivers) think that there will be a checkpoint. This idea stems from research published in an article  entitled, “Alcohol-Impaired Driving and Perceived Risks of Legal Consequences,” which concluded that the perception of risk was a critical factor in determining whether or not people decide to get behind the wheel while intoxicated.

As an interesting side note, the research also found that license suspension was an extremely ineffective method in preventing drinking while driving. Another study concluded that the fear of being apprehended for drunk driving was more effective in deterring drivers than harsher DUI penalties.

The CDC also strongly advocates for sobriety checkpoints. The Centers for Disease Control and Prevention has completed an analysis of 11 different studies, ultimately concluding that data shows DUI checkpoints reduce alcohol-related fatal injury crashes, injury crashes, and property damage crashes by about 20 percent each. Another analysis concluded that the risk of alcohol-related crashes was reduced by about 17 percent when sobriety checkpoints are used. However, gathering data can be difficult, as it is impossible to make an accurate assumption about the number of potentially impaired drivers who, because of a DUI checkpoint, decided not to drive while impaired.

There is also evidence to the contrary, which suggests that sobriety checkpoints don’t work. To draw from the Washington Times article cited above, many researchers believe that DUI checkpoints slow down traffic, lead to congestion, and irritate drivers, but they don’t actually work in terms of stopping drunk driving. For example, one stop in Ohio screened more than 450 drivers but did not make a single arrest. The conclusion that stops don’t deter drivers, however, based on this evidence alone is specious; perhaps no drivers were caught precisely because the DUI checkpoint was in place, and as such, drunk persons decided not to drive.

What Happens if I’m Stopped at DUI Checkpoint and Have Been Drinking?

You might think that if you are stopped at DUI checkpoint, asked to submit to a field sobriety test, and you are ultimately charged for drunk driving, your legal rights have been violated. After all, don’t police officers have to have probable cause to stop a car?

Most of the time, the answer is yes. However, the U.S. Supreme Court has ruled that because the dangers presented by drunk driving are so great, these dangers outweigh the degree of intrusion that is put forth by sobriety checkpoints. As such, you can be stopped without cause, and you may be asked to submit to a field sobriety test or blood or breath alcohol test if police have reason to suspect that you are impaired.

Call Our Virginia DUI Attorneys Today

If you have been charged with driving under the influence in Virginia, whether evidence against you was obtained at a DUI checkpoint or not, you need a skilled criminal defense lawyer on your side. Our team at the Pack Law Group is ready to advocate aggressively on your behalf. Please call our law office today for a consultation about how we can build your defense. You can reach us at 540-586-7255, send us a secure and confidential online message, or visit our Bedford office in person.

What Court Appearances Will l Face for a Virginia DUI Arrest?

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What Court Appearances Will l Face for a Virginia DUI Arrest?

dui lawyer in bedford virginia
A police officer has just told you that you are under arrest for DUI. You are terrified and humiliated, and have no idea what to expect next. Unfortunately, this is just the beginning of an extended legal ordeal. The good news is that an arrest for drunk driving is not the same as a conviction. Until you go to court and have an opportunity to present your side of the story, you have not been found guilty of a crime. This is where an experienced Virginia DUI lawyer becomes invaluable.

Aside from the traumatic events of an unplanned DUI arrest, there is also the fear of the unknown. What happens next and how long will this whole process take?

The Arrest Process for a Virginia DUI

The police begin building their case against you immediately, so it is always helpful to understand your rights in this often-confusing process. When you are arrested for DUI in Virginia, some of the events that are likely to take place include:

  • You will be read your rights. The police are required by law to read the Miranda rights statement to you upon arrest. Pay particular attention to this statement, as you are not required to give explanations, and it is true that anything you say can be held against you.
  • Your car might be towed. Unless there was another person in your car that had not been drinking, there is a good chance that the police will call for a tow truck and have your vehicle impounded.
  • You will be taken to a police station. You will be driven to a police station for booking. At the station, you will be given the mandatory chemical (breath, blood, or urine) test. Usually you are given a breathalyzer test. Under Virginia’s implied consent law, refusal to take the chemical test can result in an automatic driver’s license suspension for one year for your first offense. Second and subsequent offenses can result in a three-year suspension.

 Your Release from Custody

Once you have been booked at the jail, the police will contact the judge about your release. The swiftness and method of your release will depend on several factors. These include the time of day of your arrest and the jurisdiction. A judge can release you without bail, set a bail for your release, or decide to hold you without bail. In most cases, you will be released without bail and given a date to return for your next court appearance.

If you have past arrests, the judge may set a bail amount. If this happens, you can call a loved one or bail bondsman to help you secure a release and then ask your DUI attorney to see if the bail can either be lowered or eliminated.

Court Appearances After a DUI Arrest

Your first court appearance will be an arraignment. This often happens within a week of the arrest. You will need to appear in court and simply state whether or not you have hired an attorney. An arraignment is also a hearing where you have the right to be informed of the charges against you. You could plead guilty to the charges at this hearing, but this is not usually advisable.

The next set of hearings in your case will be a preliminary hearing, pre-trial motions, and then the actual trial. How quickly these happen depends on the seriousness of the charges against you, as well as the court’s calendar. Misdemeanor cases in Virginia are typically resolved much more quickly than felony cases.

If you enter a guilty plea or your attorney negotiates a deal at any of these hearings, the court will impose its sentence, and your case will be over. If you plead not guilty, your case will continue to progress towards a trial date.

While there may have been errors in your case that can help undermine the prosecution, these will be difficult to identify and prove without the assistance of an experienced DUI attorney. For this reason, attempting to handle a DUI case without the help of a skilled lawyer could be a major mistake.

The Serious Consequences of a Virginia DUI

Even if this is your first DUI in Virginia, a conviction can have lasting repercussions. The penalties for a first-time DUI conviction include fines and possible jail time. You could lose certain driving privileges, face higher insurance premiums, and have a permanent record that will impact your personal and professional life.

A drunk driving arrest might be embarrassing, but the risk of a conviction is not worth shouldering this burden alone. At the Pack Law Group, we specialize in helping people who have been arrested for DUI in central Virginia. We will thoroughly review your case and identify any and all weaknesses in the case against you to provide the strongest possible defense.

Contact us now at 540-586-7225 to schedule your initial consultation.

 

Are False Positives Possible with DUI Tests?

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Are False Positives Possible with DUI Tests?

False Positives with a Breathalyzer

Failing a Breathalyzer or other type of test that measures blood alcohol concentration can produce a great deal of anxiety. Since several situations could produce a false positive result, you’re within your legal rights to seek an attorney who will argue the results of your DUI testing. Below are some of the most common situations that can cause someone to test as legally impaired when they have had little or nothing to drink containing alcohol.

Using Mouthwash or a Similar Type of Product to Freshen Your Breath

If you plan to consume any amount of alcohol before you go out for the evening, it’s not a good idea to use mouthwash as a breath freshener ahead of time. That is because most mouthwash products have a high alcohol concentration. The taste and presence of the mouthwash remain in your mouth for several hours. When you blow into a Breathalyzer later, the alcohol concentration from the mouthwash could cause a positive reading. Although manufacturers now sell alcohol-free mouth rinses, you need to exercise caution when using a breath freshening product by reading its entire list of ingredients.

Even chewing a breath mint, cough drop, or stick of gum can cause the results of your Breathalyzer test to come up positive. Although these products don’t actively contain alcohol, some use a substitute for sugar known to produce false responses on blood alcohol monitoring tests. Again, be sure to read labels and avoid any product with artificial sweetener when you plan to go out for the evening and enjoy a few drinks.

The Effects of Certain Types of Medication

A small percentage of both prescription and non-prescription medications can trigger a false positive on a Breathalyzer test even though they don’t actively contain alcohol. For example, a popular over-the-counter remedy for a canker sore or toothache can produce a false positive result. It’s especially important to exercise caution with any medication that you need to spray or apply to the inside of your mouth. The Breathalyzer machine can detect the medication and misinterpret it to mean that your blood alcohol level is above the Virginia legal limit of .08 percent.

Non-prescription medications used for the treatment of cold or flu symptoms could contain menthol, an ingredient with small amounts of alcohol. If you choose to take one of these products, it’s a good idea to have someone else do the driving. Just having a cold or a touch of the flu can make you appear impaired to a police officer. Even if you pass the blood alcohol test on the side of the road, you can save yourself the embarrassment and frustration of having to take it in the first place.

If you have diabetes, be aware that your body may produce an acetone level that’s higher than normal. This is a natural type of ethyl alcohol. It can be especially problematic when the police officer who pulls you over uses an older version of a Breathalyzer test. The reason for this is that these machines can’t differentiate between ethyl alcohol made by the body and alcoholic beverages that people consume.

Improper Calibration

The officer who pulls you over must calibrate the machine correctly or run the risk of receiving a false positive result. Because the Breathalyzer machine is portable and used often, it requires frequent maintenance and repair to ensure proper functioning. Human error can also play a part when the police officer uses the machine improperly, whether that’s due to wrong calibration or another type of error.

Secure Your Defense with Pack Law Group as Soon as Possible

When you know that you’re innocent of the DUI charges leveled against you, it’s essential to retain an experienced criminal defense attorney right away. The sooner you do, the sooner we can challenge the test on the grounds of false positive and you can put this chapter of your life behind you. We invite you to contact Pack Law Group at 540-586-7225 to request a free and confidential review of your DUI case. Matthew L. Pack and Christopher M. Dolen will use their many years of combined experience as DUI defense attorneys to aggressively fight the charges against you.

What’s the Difference Between a Field Sobriety Test and a Test at a Police Station?

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What’s the Difference Between a Field Sobriety Test and a Test at a Police Station?

Arrest in Virginia

Getting pulled over for suspicion of DUI in Virginia can be a terrifying experience. Maybe you’ve received speeding or parking tickets in the past, but these don’t come close in comparison to being arrested for drunk driving. The experience may be so unsettling that you end up agreeing to some tests that you aren’t required by law to take.

Virginia DUI law is quite complicated, and there are some tests that are voluntary and others that are not. The police can also place you under arrest for DUI whether or not you agree to any of these tests. There is a specific distinction between a Virginia field sobriety test and one taken at a police station.

Field Sobriety Tests in Virginia

Unfortunately, many drivers are not aware of their rights and either say too much or agree to take part in activities that could undermine their rights. In Virginia, you are under no legal obligation to participate in any field sobriety tests, and your refusal of these tests cannot be held against you in court.

A majority of roadside tests might be standardized, but most are not in your favor. Even completely sober people can have difficulty completing some of these tests, and there are medical conditions that can skew the outcome. Some of the most common field sobriety tests include the Horizontal Gaze Nystagmus (HGN) test, One Leg Stand test, and the 9 Step Walk and Turn test.

Do You Have to Take a Roadside Breathalyzer Test?

Similar to those field sobriety tests, you are under no obligation to take a roadside breathalyzer test in Virginia. A police officer may present one of these to you and ask you to blow into the device, but this is a request, not a demand.

It’s important to understand that declining these tests doesn’t necessarily mean that the police are going to let you go. In fact, most will decide that you have something to hide and place you under arrest for DUI anyway. Once you are transported to the police station, this is where the rules change.

DUI Tests Taken at a Police Station

Once you’ve been arrested for DUI in the Commonwealth of Virginia and taken to the police station, you will be subject to the implied consent law. By accepting the privilege to drive in Virginia, you automatically give consent to law enforcement for a breath or blood test upon arrest for DUI. Most opt for a breathalyzer test.

This post-arrest test is taken on an Evidential Test Device (ETD). This test is administered within three hours of a DUI arrest. Before taking the test, a police officer should read you your rights as well as the notice regarding Virginia’s implied consent law.

A blood test is also a possibility but is less common. These are more often used in cases where the police suspect that you were driving under the influence of drugs. The police also have implied consent for this test, but no one can force you to take it. If you refuse either this test or the post-arrest breathalyzer, there will be consequences.

The Penalty for Refusing a Post-Arrest DUI Test

If you refuse to submit to a blood or breath test after being arrested for DUI in Virginia, you will be charged with an additional crime. Your license will be automatically suspended for one year, and your refusal to take the test will be held against you in your DUI case. For these reasons alone, it’s not advisable to refuse these tests.

Speak with a Qualified Virginia DUI Attorney

If you have been arrested for DUI in Virginia, your situation is serious. Even a first time offender faces penalties that can include jail time if convicted. Having a conviction on your record can have lasting consequences, and this is something that you should try to avoid with the help of an experienced and aggressive Virginia DUI attorney.

At Pack Law Group, our DUI defense attorneys understand what is at stake will and do everything possible to protect your rights and freedom. We will provide you with a strong defense and work on your behalf for a favorable case outcome.

Contact our Bedford office now at 540-586-7225 or reach us online to schedule an initial consultation.

Types of Chemical Tests for DUI

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Types of Chemical Tests for DUI

DUI Laws in Virginia

Under Virginia law, chemical tests are to be used at the time of a DUI arrest to confirm the amount of alcohol in a person’s system. This test takes place after the arrest, and the results can be used as evidence to prove that you were driving under the influence.

In most cases for drunk driving, a chemical test is used to measure blood alcohol concentration (BAC). Virginia’s legal limit for adult drivers is 0.08%. For commercial drivers, that limit is lowered to 0.04%, and it is just 0.02% for drivers under the age of 21.

There are several different types of chemical tests for DUI, but these should not be confused with a preliminary breath test (PBT). One is required by law if there is a DUI arrest and the other is optional.

Preliminary Breath Testing in Virginia

If you are pulled over for suspicion of DUI, the police officer may want you to take a field sobriety test. It may seem like a demand at the time, but this is not a mandatory test. You don’t have to participate in any roadside tests that could incriminate you, and this includes taking a preliminary breath test.

A PBT is a handheld breathalyzer test that an officer will use to gauge your BAC. These tests are inaccurate and not required by law. The results can also not be used as evidence against you in a DUI case. Whether you refuse to take this test or not, you may still be arrest for DUI. At this point, the rules change.

Types of Chemical Tests for DUI

Virginia is an implied consent state, meaning drivers are compelled to take a chemical test to measure their BAC after a DUI arrest. Refusing this test will result in additional penalties. If you are charged with DUI, you will be transported to the police station and given a chemical test. There are two types of chemical tests given in Virginia for DUI – breath and blood.

  • Breath Analysis. A breathalyzer test is the most common way to measure BAC after a DUI arrest. Sophisticated breath test machines are located in police stations that actively measure BAC using either fuel cell or infrared technology. These tests must meet specific criteria to ensure reliability and accuracy. Even so, they are fallible, and their results can be challenged.
  • Blood Analysis. A blood test is another way to measure BAC in the body. A blood sample is drawn, which is supposed to show the most accurate results for BAC. Unfortunately, these results can also vary depending on a variety of factors.

Some states also test urine, but this is an inaccurate and indirect way to measure BAC. It can take alcohol as long as two hours to appear in urine. There are similar errors when testing urine for drugs.

Potential Defenses for DUI Chemical Tests

Just because your chemical test reveals a result above the legal limit, that does not automatically mean that you will be convicted of DUI. You will have a tougher case, but the state must still prove beyond a reasonable doubt that you broke the law.

Not all chemical tests are completely accurate, and this is particularly the case with breath tests. These machines require operator expertise and must be regularly maintained and calibrated to ensure accurate results.

There are both human and machine error defenses against chemical test results. If a test was mis-administered or improperly read, the results should be thrown out. Likewise, the machine could have malfunctioned and delivered an erroneous result.

Biological factors can also affect both breath and blood analysis results. For example, a person taking cough syrup that contains alcohol or ginseng could already have an elevated level of alcohol in their blood. A breath test could even be affected by certain irregular breathing patterns.

Get Experienced DUI Representation

If you have been arrested for DUI in Virginia, you still have legal options. Even if a chemical test revealed that your BAC was above the legal limit, there are certain defenses that might help your case. At Pack Law Group, our skilled and aggressive DUI attorneys will protect your legal rights and do everything possible to shield you from the harsh penalties that can follow a DUI conviction.

We have helped people who have been accused of DUI throughout Virginia’s Roanoke, Bedford, and Lynchburg counties achieve a favorable outcome. Contact us now at 540-586-7225 or reach us online to schedule a free consultation.

How Do Breathalyzers Work?

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How Do Breathalyzers Work?

breathalyzer

If you’ve ever been pulled over for suspicion of DUI in Virginia, there’s a good chance that you were asked to submit to a breathalyzer test. These devices may seem as if they magically measure the amount of alcohol content in your body, but there is some science inside those boxes. The result that a breathalyzer produces could influence an officer’s decision on your arrest, or it may validate an arrest that already took place.

How Alcohol is Detected on Your Breath

When a person has been drinking, you can usually smell alcohol on their breath. This is something that’s highly subjective as the smell could be the same whether you have had one drink or many. A breathalyzer doesn’t “sniff” your breath but rather analyzes the presence of alcohol in your system at the molecular level.

Alcohol molecules are so tiny that they will pass through your stomach’s wall into your blood stream. This happens within minutes after you begin drinking that wine, beer, or other cocktail. After it enters your bloodstream, the alcohol will also travel through your lungs, and some of it will evaporate into your outgoing breath.

How Does a Breathalyzer Work?

When you breathe into a breathalyzer, the device can measure the amount of alcohol in your breath, which translates to your blood alcohol content (BAC). In Virginia, the legal limit is 0.08, but the laws will vary for underage drinkers or those who have a commercial driver’s license. This mathematical estimation of your BAC can be provided by several different varieties of breathalyzer technology.

  • Semiconductor Sensor Breathalyzers. If you have a personal breathalyzer, it is probably one of this variety. These relatively affordable devices will oxidize alcohol molecules using a low-voltage semiconductor that is created from metal oxide. When you breathe into the device, the breathalyzer will oxidize the molecules, and the affected electrical current will produce your BAC. Unfortunately, these machines are also prone to providing false positive results.
  • Fuel-Cell Breathalyzers. A police officer giving a breath test on the side of the road will most likely use one of these devices, which works in a similar fashion to a semiconductor breathalyzer. The difference is that these machines are specifically calibrated for alcohol, so they are more precise.
  • Infrared Spectroscopy Breathalyzers. This is a bulkier and more expensive unit that you will most likely find sitting in a police station. When you breathe into one of these breathalyzer machines, it measures your BAC by sending your breath through infrared light. Alcohol molecules absorb light differently, so they can be identified and then measured.

Are Breathalyzers Accurate?

Some breathalyzers are more accurate than others, but none of them are infallible. This is just one of the reasons why you should speak with a qualified Virginia DUI attorney if you are ever charged with a DUI.

There is a margin of error with most breathalyzers, and there are certain factors that can cast doubt on a positive result. These sensitive machines are supposed to be calibrated at least annually, so failure to do this could result in a test being disqualified. Some breathalyzers may give false results due to such things as acid reflux, blood in the mouth, and body temperature. Natural chemicals such as “ketones” have also been mistaken for alcohol in the bloodstream and returned positive results.            

Should You Agree to Take a Breathalyzer Test in Virginia?

One of the biggest misconceptions about breathalyzer tests is that you are compelled to take one if an officer puts it in front of you during a DUI stop. In Virginia, this is not the case. You do not have to agree to a preliminary breath test (PBT), which is part of the field sobriety test, and the results of one of these tests are not admissible in court.

Virginia is, however, an implied consent state, meaning that you have already given permission for a breath test if you are arrested for DUI. If the authorities charge you and take you to the police station, you must agree to take the test, or you will be subject to additional charges.

Getting arrested for DUI can be a terrifying experience. The truth is that everyone makes mistakes and there is a chance that the police made an error in handling your arrest. The consequences of a DUI conviction can be grave, so this is not something you should leave to chance.

The Pack Law Group can provide the strong defense you need and will take immediate steps to protect your rights. Contact our Bedford office now at (540) 586-7225.

Can I Refuse a Breathalyzer in Virginia?

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Can I Refuse a Breathalyzer in Virginia?

can-i-refuse-breathalyzer-virginia

Being pulled over for a DUI in Virginia can be a terrifying experience. Although a driver can refuse a breathalyzer test in this state, there can be dire consequences when making this choice. Virginia is an implied consent state, which gives the Commonwealth the right to punish you if you don’t agree to their request.

What is Implied Consent in Virginia?

Virginia’s implied consent law, found in VA Code §18.2-268.2(A), states that anyone who operates a motor vehicle in the state agrees to submit to a blood or breath test after they are arrested for DUI. These tests are meant to measure the driver’s blood alcohol content (BAC), which can show whether the driver was beyond the legal limit for their class. For example, the legal limit for an adult driver in Virginia is 0.08.

It wasn’t always that way. Originally, a blood or breath test was voluntary in Virginia. Then, a number of citizens decided they did not want to submit themselves to such scrutiny. That’s when the state took it upon itself to make it mandatory as part of the condition to operating a motor vehicle upon state highways. It is hidden in the small print when you apply for your driver’s license. Note – You have not actually consented to being tested. You have not signed any paperwork that specifically gives away your rights and allows you to be charged for DUI, the consent is “implied,” and a condition of using the roadways.

Reasonable suspicion can mean anything that the officer can justify. For example, the car was weaving, stopping and starting, or going too fast or slow. Any valid reason an officer may have to pull you over for DUI could be considered reasonable suspicion. Once that happens, the officer needs to have lawfully arrested the driver for DUI prior to administering the tests. The first request is supposed to be for a breathalyzer, or breath test that shows the level of alcohol in one’s system, usually using the Intoxilyzer 5000. The blood test should only be conducted if the breath test is not available.

What Are The Different Types of Breath Tests in Virginia?

Virginia has two types of breathalyzer tests, which can be confusing at best. The first is the Preliminary Breath Test (PBT), which is used on the roadside as part of the field sobriety test. This test is given as part of the officer’s process in determining whether to make an arrest for DUI. The results of a PBT cannot be used as evidence in court. No legal penalties exist if you refuse to take a PBT, although this decision could hasten a DUI arrest. The other test is a Breathalyzer Test that is administered at the police station after the arrest for DUI. By law, if you refuse to take a breathalyzer test after being arrested for DUI, you will be charged with another crime called “Breathalyzer Refusal in Virginia.” This is something that can be used against you in court.

What Happens If You Refuse A Breathalyzer In Virginia?

If you make the choice to refuse a post-arrest breathalyzer test, the police officer is required to read a form to you that details the nature of the implied consent law and outlines the penalties you will face for refusal. Provided you still refuse to take the test, you will receive an additional charge and may face those added penalties. These include:

  • Administrative Driver’s License Suspension. When you are charged with this offense, your driver’s license will be automatically suspended for a period of seven days. You cannot have a restricted license during this period, and this is in addition to any suspension that results from a conviction.
  • Driver’s License Suspension. Drivers who are convicted of refusing to take a breathalyzer test in Virginia will face an automatic license suspension of 12 months for the first offense. During this period, there is no opportunity to get a restricted license.
  • DMV Points. A first offense conviction will add six points to your DMV record.

If this was not the first time you’ve refused a post-arrest breathalyzer test in Virginia in the past ten years, the penalties would increase substantially. For example, a second or third conviction for this offense will have penalties that include the suspensions and points described above with the addition of jail time and fines up to $2,500.

Put Your Case in the Hands of an Experienced Virginia DUI Lawyer

Being charged under any of Virginia’s DUI laws is serious. The good news is that an arrest is not a conviction, but trying to fight these charges on your own will not put the odds in your favor. This is particularly the case if you also refused a breathalyzer test or have other complications such as multiple DUIs or an accident. Each case is unique, but having skilled legal counsel in your corner is a must. There may be issues related to the legality of the stop, the testing equipment, or the protocol used when asking you to submit to tests that could impact your case in your favor. If you’ve been charged with DUI, you need representation by an experienced and qualified Virginia DUI attorney.

At Pack Law Group, we have a thorough understanding of these cases and will act quickly to protect your rights. Don’t leave your freedom and future to chance. Contact our Lynchburg office now at 540-586-7225 or reach us online to schedule a consultation.

What Happens If I Get Pulled Over for DUI and I Have a Loaded Gun in My Car in Virginia?

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What Happens If I Get Pulled Over for DUI and I Have a Loaded Gun in My Car in Virginia?

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In Virginia, you run the risk of additional firearms charges if you are pulled over for DUI and have a loaded firearm. Even worse, having a loaded weapon during a DUI stop could lead to a dangerous misunderstanding with law enforcement.

As a disclaimer, firearms laws may apply at the federal, state, and even local level, which makes any discussion on this topic complex at best. Some situations (e.g., felony convictions, protective orders, immigration status) bar a person from possessing a firearm under any circumstances. Whether you have already been charged or know that you will be carrying a weapon in your vehicle, there are several facts that you should know if you are pulled over for DUI.

Carrying Loaded Guns in Cars

Virginia law is specific about who can and cannot carry a loaded gun a private motor vehicle.  It is permissible to carry a loaded handgun in a vehicle if it is secured in a compartment or container, which does not need to be locked. The issue of “locked” versus “secured” has been adjudicated in the Virginia court system, and the courts found that these two are not synonymous. In other words, having your loaded handgun in an unlocked glove compartment is sufficient.

Having a handgun “hidden” or concealed is not the same thing as having it “secured” in the eyes of the law. For example, if you have a handgun underneath a floor mat, in a door side pocket, or under your car seat, this would be a violation of the law unless you carry a specific permit that allows you to do this. Virginia law does not require gun registration, and you are also permitted to carry a rifle or shotgun in a car under certain conditions.

Concealed Guns and Permits

The Code of Virginia §18.2-308 outlines what is lawful for concealed weapons in the Commonwealth. The statute provides that a person may have a handgun anywhere within a vehicle if they hold a Concealed Handgun Permit (CHP). A CHP would allow you to have a loaded or unloaded handgun in your vehicle as well as on your person.

To have the protections of a CHP, you must have the actual permit with you and adhere to some other requirements. Among those are agreeing not to consume alcohol or illegal drugs while carrying a concealed weapon. If you do this, you will not only face additional charges but also risk losing your CHP.

How a DUI Can Lead to Weapons Charges

Under Section 18.2-308.012, it is unlawful to be under the influence of illegal drugs or alcohol while carrying a concealed weapon. A person who is convicted of a DUI, DWI, or public intoxication can also be charged with a Class 1 misdemeanor weapons charge.

Virginia’s CHP laws also state that any person who has a felony charge pending or is charged with any other offense that would otherwise disqualify them for a CHP may be required to surrender their CHP to the courts until those charges have been resolved. If convicted, you may have your CHP revoked.

Assuming you were not a CHP holder and had weapons in your car at the time of a DUI stop, you may face weapons charges. People who carry firearms have the duty to do so safely. If you are suspected of DUI, there’s a strong possibility that other charges could follow and that your weapons will be seized.

If you are stopped by the police and have weapons in the car, we advise that you take the most cautious approach possible to your interactions with law enforcement. Roll down your windows, turn on your dome light, and keep your hands on the steering wheel. Let the officer know that you have a weapon in the vehicle and ask them how they would like you to proceed. Avoid making any moves without first clearing it with the officer.

Speak With an Experienced Virginia Criminal Defense Attorney

The guidelines just provided should never be considered a substitute for legal advice. Gun laws are already complex and could change at any point, making adhering to the rules confusing for citizens who are trying to be law-abiding. If you’ve been pulled over for DUI and also find yourself charged with weapons violations, you need to speak with an experienced criminal defense attorney as soon as possible.

The Pack Law Group understands Virginia’s weapons laws as well as any applicable local regulations. We will review your case, and advise you of your options including any defenses that we may be able to put forth on your behalf. Our experienced DUI attorneys can also defend your rights against a DUI charge. Contact us now at (540) 586-7225 or online to schedule an appointment for a consultation.

How To Choose The Right DUI Attorney

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How To Choose The Right DUI Attorney

how to find the right dui attorney

A conviction for driving under the influence (DUI) in Virginia can have consequences that follow you for years. This is true even when it’s your first conviction for DUI. Some of the potential legal penalties that you face include jail time, fines, suspension of your driver’s license, mandatory drug and alcohol education classes, and installation of an ignition interlock. A conviction can also keep you from getting a job or securing a place to live.

With so much on the line, you can’t afford to work with the first DUI attorney who comes along. You must do your homework and interview several potential lawyers to ensure you choose the one who can best defend you against this serious charge.

Prepare Interview Questions Before Your Legal Consultation

It’s understandable that you feel anxious to obtain a defense attorney as soon as possible. However, don’t allow this to force you to make a poor choice. You should take the time to interview at least three DUI attorney candidates before you even consider choosing one. Most law firms providing legal defense services, including Pack Law Group, offer this initial session at no charge.

After scheduling your appointment but before attending it, put together several questions that will assist you in determining which attorney has the best qualifications to meet your needs. Here are several questions that we recommend asking:

  1. What is your experience handling DUI cases? Even if you’re interviewing a criminal defense attorney, that isn’t a guarantee that he or she has experience defending clients against charges of drinking or using drugs and then driving. The attorney should tell you approximately how many cases he or she has handled as well as describe a typical defense strategy in DUI cases. The person you choose should understand that good people sometimes make poor choices. You should never feel judged for needing his or her help. If you feel that you’re innocent of the charges, it’s important to feel like your lawyer believes you.
  2. What specific defense strategies would you recommend in a case like mine? Every DUI case is different, and the last thing you want is a lawyer who takes the same approach to all of them. Explain the circumstances that led up to your arrest and see how the prospective lawyer responds. Look for someone who can respond quickly to the specifics of your situation while still demonstrating enough flexibility to take a different approach if necessary. It’s also a good idea to inquire about challenges in your case from the attorney’s perspective and what he or she would do to address them.
  3. Please describe your education and experience up to this point. Some DUI lawyers will have prepared a resume and other valuable information ahead of your meeting. While you don’t want to take a lot of time here if the information is in print, ask the attorney where he or she received an undergraduate degree and went to law school. You can also ask about any bar admissions or legal associations he or she belongs to along with the qualifications necessary to join or gain admittance.
  4. How will you communicate with me throughout my case? It’s important to know if the lawyer will be the one answering most of your questions or if you will usually go through a legal assistant. Additionally, try to establish a timeline of when you can expect return phone calls as well as periodic updates about your case.
  5. Do you have legal malpractice insurance? Have you ever received discipline from the State Bar? The answer to the first question should be yes, since this protects both parties in a legal case. If an attorney has received discipline, he or she needs to be honest about that so you can decide if you want to proceed.

We’re Open to These Questions and More

Matthew Pack and Christopher Dolen each have many years of experience providing criminal defense to clients in Lynchburg, Virginia and the surrounding areas. We are happy to meet with you to learn more about your case and to answer any questions that you have for us. Please contact Pack Law Group at 540-586-7225 to request your free consultation. If there’s ever been a time that experience matters, it’s now.