Between the urban legends and the stories shared by acquaintances, Internet articles for other jurisdictions and an inability to read legalese, it can be nearly impossible for an individual to find out the facts about drinking and driving in the Fairfax, Alexandria and Manassas areas.
Back when I was a prosecutor for Fairfax County, I would see individuals who were unaware of or had misunderstood the particulars of the laws regarding DWI, and it cost them dearly in court because they did not retain legal counsel to handle these matters.
The necessity of ‘Mirandizing’ is a common misconception that leads individuals preparing for court dates to be overconfident and underprepared. People are often under the impression that an officer arresting them for a DWI must read them their Miranda rights, and that, if they did not, the case will be summarily dismissed. This is not at all true, in most cases.
In Virginia, there is a law, commonly known as the Implied Consent law, which means that everyone driving on Virginia’s public highways agrees to submit to a blood or breath test if they’re arrested for suspicion of drunken driving.
Because of this ‘agreement,’ the police are not required to read you the Miranda warning, and, similarly, are not required to grant you access to a lawyer before you take the breath test. This is one of the most misunderstood facts about drinking and driving.
It’s unfortunately true that a DWI charge is often a very expensive proposition. There’s a great deal of temptation to be ‘penny wise, pound foolish’ and attempt to argue one’s own case. But the trouble with that is that an able lawyer may be able to successfully mitigate your charges, and in the case of conviction minimize the risk of jail time and other life-altering consequences.
The crux of the matter is the perception that ‘lawyers aren’t cheap’ and that legal costs can quickly skyrocket out of control. It’s that fear that prevents individuals from doing the right thing by themselves and hiring a lawyer.
That’s why at The Law Office Of Faraji Rosenthall we have free consultations, so that individuals can have all the facts about drinking and driving before moving forward on these serious matters. Call today to schedule your free consultation and get a guaranteed price to handle your DWI case from an experienced Drunk Driving Attorney.