When someone is charged with a DWI in Virginia, they naturally have many questions. Here we have answered some of the common ones so that your consultation at our offices can be more profitably spent determining your options.
What’s the legal definition of a DWI?
It is important to understand what must be proven in order for someone to be found guilty of DWI. The prosecutor has to prove beyond reasonable doubt that the accused was operating a vehicle while under the influence of alcohol, or any combination of alcohol and other intoxicants. There are two ways to determine whether a person is “under the influence.” Either they have a BAC of .08 or greater, or they display signs of intoxication. The latter can be more difficult to prove, but it is admissible, and you can be convicted even without breathalyzer evidence.
Will My Case be Dismissed if I Was Not Mirandized?
The case will not be dismissed on that basis alone. The Commonwealth of Virginia has something called the Implied Consent Law. This means that anyone using public roadways in Virginia has implicitly consented to undergoing a breath or blood test if they are arrested for suspicion of drunk driving. This “agreement” means that a driver does not have to be read their Miranda rights, nor are they required to be allowed to consult a lawyer before testing.
What is a Refusal Charge, and What Are The Penalties?
Since the Implied Consent Law requires you to submit a breath test or blood sample upon request, if you refuse to do so, you can be subject to another charge, called a “refusal charge,” on top of the DWI. The first violation is a civil offense, punishable by a one-year loss of license. The subsequent offenses are criminal offenses, and, if charged within ten years of the first offense, results in a three-year loss of license with an explicit disqualification for restricted license.
Is a Lawyer Really Necessary?
Going to trial without a lawyer is not like going down to the used car dealership without a mechanic. In the latter case the worst that can happen is you come home with a lemon. A criminal trial has farther-reaching consequences. It can result in jail time, hefty fines, loss of license, and other penalties, not to mention a black mark on your record that will follow you around the rest of your life.
Although you may be convinced you are guilty and resigned to taking your punishment and saving yourself the lawyer fee, it is actually quite difficult for the Commonwealth to prove your guilt. At Faraji Rosenthall, we challenge every piece of evidence, procedure, and equipment that comes in contact with your case, poking holes and presenting reasonable doubt.
Even if you do not hire a lawyer, at least have a free consultation so you’ll be aware of your options. Call our offices today to book your free DWI consultation.
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