In some states, driving while intoxicated (DWI) is the term for drunk driving. In Virginia, driving under the influence (DUI) is the term used. Being arrested and charged with a DUI is daunting. You may spend a few days in jail even if it is your first offense. Your license to drive will likely be suspended.
Your reputation may be damaged, you could lose your job and if you are a parent in the process of divorce, you may face problems with custody and visitation. Additionally, hefty fines may be imposed and your car insurance premiums will skyrocket. The penalties depend on the level of your blood alcohol content (BAC) and whether or not it is your first or subsequent DUI.
A BAC of 0.08 will get you arrested for a DUI. An extremely high BAC will result in a greater penalty. Subsequent DUIs are punished more severely than first offenses. You need to know your rights and have the assistance of an experienced DUI attorney before you go to court.
Call the Law Office of Faraji Rosenthall
Faraji Rosenthall, an Alexandria DUI / DWI attorney, is a former county prosecutor. He has knowledge of the inner workings of how the system works. He knows how prosecutors think and what deals they make because he was one. He also knows how to fight for your rights. Some of your rights include:
- Fifth Amendment right to remain silent: The first question law enforcement asks when they stop you for suspicion of drunk driving is, “Have you been drinking tonight?” You have the right not to answer this question. You also have the right to refuse to submit to sobriety tests such as standing on one foot and touching your nose. When asked to do any of these things, you have the right to request an attorney be present.
- Implied consent for BAC testing: Under Virginia law, when you get your driver’s license and drive, the law implies that as giving consent for BAC testing when stopped for suspicion of drunk driving. Refusal to take a Breathalyzer testand other chemical tests to determine your BAC will result in a suspension of your driver’s license for at least one year. Your refusal will be used as evidence that you were intoxicated.
Attorney Rosenthall knows how to challenge the admissibility of evidence the prosecution plans to introduce against you. He also knows how to challenge validity of the Breathalyzer and other BAC tests and is aware that all tests can result in false positives. He will work diligently, whether through negotiation or at trial, to obtain for you the best possible result.