It’s almost that time of year for green fuzzy shamrock headbands, listening to Dropkick Murphy’s at excessive volumes, and drinking copious amounts of Jameson and/or Irish car bombs at your favorite Irish dive bar.
Don’t let this year be the year you pick up a DUI on the way home. Please, for the love of all that is green, get an Uber or a Lyft, Doordash your taco bell, and pass out in the comfort of your home, watching Seinfeld reruns (Am I just projecting?).
In all seriousness, a DUI in Virginia is a class one misdemeanor, can carry up to one year of jail time, up to a $2,500.00 fine, and automatically results in a one-year license suspension. These are the legal consequences. Obviously, there are collateral consequences which include: attorney’s fees in defending your case, car insurance issues, security clearance issues, and problems with employers.
There is truly no excuse for drunk driving in Northern Virginia in this day and age. However, we understand that people often find themselves in this situation for one reason or another.
Here are some tips that are intended to assist in the defense of a DUI if you do find yourself in this unfortunate situation.
- Admitting that you were drinking with any negative driving behavior has been considered probable cause by the Court. Negative driving behavior includes things like: swerving over the solid lines, driving too fast, driving too slow, stopping too far over the solid white line at a red light, etc.
- Field sobriety tests are voluntary. It rarely benefits a person to perform these tests. You do not have to perform these tests.
- The roadside breath test is voluntary. It almost never benefits a person to perform this test. Do not do it. If you blow a .01%, the officer has probable cause to arrest you for a DUI.
Have fun and be safe out there this year. Avoid the drinking and driving game altogether. If you do have the unfortunate opportunity to have an extended stay at the adult detention center from March 17-18, give us a call at McCollum Legal, and let us help you fight the charge, figure out the process the process, and be there for you during this uncertain and scary time.