Also, we will discuss the case with the Commonwealth Attorney, pointing out your background, your job, and the need for you to keep your license and the pitfalls and flaws in the Commonwealth's case.

• Should I take Commonwealth Attorney's offer and plead guilty.
You are presumed to be innocent and the Commonwealth must prove the case against you before you can be found guilty. If you accept the Commonwealth's offer and decide to plead guilty, you lose the opportunity to have the judge rule on any constitutional and evidentiary challenges you may have, and you give up your right to force the Commonwealth to prove the case against you. Never plead guilty unless you are getting something valuable in return for giving up your right to have a trial. Many times your attorney must diligently and vigorously conduct the discovery and investigation of your case so as to uncover any and all flaws and defects in the Commonwealth's case, which in turn translates into a more favorable offer from the Commonwealth.

• What is illegal under Virginia DUI law?
Virginia DUI laws really set out 4 different offenses . . . 3 Virginia DUI Laws involve your level of impairment and do not require proof of the amount of alcohol/drugs in your system. The 4th Virginia DUI Law involves the amount of alcohol in your system and does not require proof that you were impaired.

The 3 related Virginia DUI offenses that all involve your level of impairment are (1) driving under the influence of alcohol, (2) driving under the influence of drugs and (3) driving under the influence of a combination of alcohol and drugs.

In Virginia DUI cases, a BAC of .08 or more of alcohol creates a presumption that you were under the influence of alcohol. More importantly, it is illegal to drive with a BAC of .08 or more, whether you are under the influence of alcohol or not.

• Why was I arrested for Virginia DUI if my BAC was less than .08?
Because even though your BAC was less than .08 you can still be prosecuted for Virginia driving under the influence of alcohol and/or drugs.

• Why was my license suspended for 7 days when I was arrested?
Virginia DUI law requires the automatic suspension of your Virginia driver's license for 7 days if your breath test result was more than .08, or more than .02 if you are under 21 years of age, or if you refused to submit to the breath test.

• Can I get my license back prior to the expiration of the 7 day period?
We can challenge the suspension during the suspension period. If your challenge is successful your license to drive will be reinstated immediately. Otherwise, you can not drive during the 7 day suspension period (first offense) or 60 days (2nd offense), and your license will be returned to you at the expiration of the suspension period.

• What happens at the arraignment?
At the arraignment, the Court will make sure you understand the charge against you, inform you of your right to be represented by an attorney and inform you of your next court date.

• Do I have to go to court for the arraignment?
Yes, you must go to court for the arraignment unless you have hired an attorney who has told you otherwise. Many times we can simply schedule a trial date without the necessity of your appearance because some courts excuse defendants from appearing for the arraignment if they have hired a lawyer and the lawyer appears for the client.

However, unless you have specifically been told by us that you do not need to appear for the arraignment, you must be present. Failure to appear in court for the arraignment can result in your arrest.

• Since the test result indicates my BAC was .08 or more, am I going to be found guilty?
Not necessarily. There are strategies to use when defending Virginia DUI cases. In certain circumstances we can successfully challenge the procedures used when administering the test and the accuracy of the test result.

• What if I burped within twenty minutes of blowing in the Virginia DUI breath machine?
The Virginia DUI breath machine may have measured alcohol from your stomach rather than from your lungs. If this happened, the result may be incorrect. The presence of dentures or a tongue ring may also cause the test results to be inaccurate.

• If I am convicted of DUI, will my license be suspended, and if so, for how long?
Yes, if you are convicted of DUI in Virginia your license will be suspended. The length of the suspension depends on the facts and circumstances of your case. Virginia law requires a 12 month suspension for a first offense; a 3 year suspension for a second offense and an indefinite suspension for 3rd or subsequent offenses.

• Will I be able to drive for work during the suspension period?
It depends on the facts and circumstances of your case. If you are found guilty of a first offense, the Court has the authority to issue a restricted license allowing you to drive for limited purposes such as for work, school, doctor visits and to transport children.

Most Virginia DUI courts will limit the number of hours per day and the number of days per week you can drive on a restricted license. In addition, many courts will not issue a restricted license until the fines and court costs are paid in full.

If this is a second or subsequent offense, you can not be issued a restricted license until some period of time has passed. It can be as short as 4 months or as long as 3 years, depending on the facts and circumstances of your case .

• If I am convicted of Virginia DUI will I have to undergo alcohol treatment?
Yes, you should expect to have the Virginia DUI Court order you to successfully complete Virginia's Alcohol Safety Action Program (VASAP). The length of the treatment/education required also depends on the facts and circumstances of each case. In addition, since completion of VASAP is routinely imposed as a condition of a suspended jail sentence, failure to successfully complete VASAP can cause you to go to jail.

• Will I be able to get my Virginia DUI case dismissed because I was not read my rights?
Probably not. But if you were interrogated after being placed in custody, your statements can not be used against you.

• Can I have a jury trial in a Virginia DUI arrest?
There are no jury trials in either the General District Court or the Juvenile and Domestic Relations District Court in Virginia. All trials in those courts are conducted before a judge. If you are found guilty in either of those courts you have the automatic right to appeal the case to the Circuit Court for a new trial. At this new trial in the Circuit Court you have the right to insist on a jury trial, as does the Commonwealth and the judge.

Why might a jury trial be advisable?

Seven people have to agree on your guilt instead of one.

• If I am found guilty of a Virginia DUI, will I go to jail?
It depends on the facts and circumstances of your case. If this is your first offense for DUI and there are no aggravating circumstances such as a high BAC, dangerous driving or fighting with the DUI officer you probably will not go to jail.

On second or subsequent offenses for Virginia DUI, going to jail becomes more probable, but an experienced attorney may be able to keep you out.

• If my Virginia license is suspended, may I get another license from another state?
In most cases, no. That's why you must do everything possible to fight a Virginia DUI suspension immediately.