DUI

Experienced DUI / DWI Defense Attorney

If you face Driving Under the Influence (DUI) / Driving While Intoxicated (DWI) or related traffic charges, you need an experienced Virginia DUI / DWI defense attorney who can fight to protect your driving privileges and preserve your freedom. DUI / DWI is an offense usually committed by non-criminals, that is, otherwise law-abiding people who have not been in trouble before. Unfortunately, representation is sometimes attempted by a lawyer not experienced in this special legal area. DUI / DWI is not merely a serious traffic offense, but is one of the most complicated criminal offenses to properly defend against, requiring an attorney well-versed in numerous drunk driving statutes and regulations, scientific evidence, constitutional law, and constantly-evolving rules of evidence designed to make it easier for a prosecutor to gain a conviction.

Don't lose your license or go to jail because you didn't understand the process involved -- contact experienced DUI / DWI defense lawyers at MacDowell & Associates. We will protect your rights and discuss legal options available that may help you avoid jail and the suspension or revocation of your license.

Consequences of a DUI / DWI -- Things to Consider

A DUI / DWI conviction may have long-term consequences on your life. Upon conviction, consequences in court include the loss of your driver's license and privilege to drive, a heavy fine, an alcohol education and/or treatment program, a possible jail sentence, and a criminal record. In some jurisdictions, a court may also order community service or a "victim impact panel". Under Virginia's strict punishments, there is mandatory jail time for second and subsequent offenses. There is also mandatory jail time where it is alleged and proven beyond a reasonable doubt that you had an elevated "BAC" (Blood Alcohol Concentration") over certain blood alcohol limits. In these cases upon conviction, this mandatory jail time would be imposed, even if the drunk driving accusation results in your first traffic conviction ever.

Consequences from the Department of Motor Vehicles include a conviction that remains on your driving record for eleven years and results in six demerit points, and the need to obtain proof of high-risk insurance (resulting in sharply higher insurance premiums). Moreover, if you already have a certain negative point balance on your DMV record, a drunk driving conviction can push you into the DMV's "rapid point violator" program, with additional adverse consequences for you.

While every case is different, a conviction for drunk driving can result in both legal and financial difficulties for years to come. If you have to spend time in jail -- even if it's only for a short period of time, what will your employer do? Will you lose your job? If you decide to apply for a job that requires you to drive a company vehicle, how will a DUI or DWI conviction affect your chances for being hired? Even if you avoid jail and are able to expunge a DUI charge from your driving record, will your insurer raise your premiums?

As your DUI defense lawyers, we work hard to achieve optimal results for our clients. While we cannot guarantee a certain outcome, we can take advantage of legal options to reduce the charges against you, expunge your driving record in certain cases, and help you avoid jail.

DUI / DWI Charges Can Be Beaten

Many people believe there is no defense to a drunk driving charge if your blood alcohol content (BAC) is over the Virginia legal threshold of .08 percent. In many DUI arrests, the Commonwealth of Virginia has a strong case, but depending on the circumstances, there are many sound defenses to DUI charges. By carefully reviewing the facts of the case - the basis for the stop, the arrest, the field test, and the blood alcohol test - a good DUI lawyer can help a client avoid conviction. The lawyers at MacDowell & Associates have helped thousands of clients avoid conviction or helped lessen the legal and practical consequences of a DUI arrest.

Whether the arrest is a first-time DUI or a vehicular manslaughter charge, MacDowell & Associates will aggressively defend your rights and your freedom. Their lawyers are experienced and savvy trial attorneys who you need to protect your legal interests.

The Commonwealth's Intoxilyzer 5000 machine has reliability problems

A blood test is thought by many to be a more accurate way to measure a person's BAC (blood alcohol concentration), as opposed to a breath test on the Intoxilyzer 5000 machine. However, Virginia law states that a drunk driving suspect should be given a breath test if the machine is available, unless the suspect is physically unable to take a breath test or there is cause that the suspect is under the influence of drugs.

The Intoxilyzer 5000 machine is subject to various criticisms and attacks, although the prosecutors and state law seem to work hard to explain away many of the following valid points:

The machine assumes that the average temperature of the subject's mouth is 34°C. But, if your mouth temperature was higher than average, your BAC result could be erroneously high.

• The machine is programmed to assume that the ratio between the concentration of alcohol in a subject's blood and in the subject's lungs at equilibrium is an average (2100:1). But, if you have a lower "partition ratio" than average, your BAC result could be erroneously high.
• Your pattern of breathing just prior to providing the breath samples could affect the BAC result.
• If testing occurs during the absorptive phase (recently after drinking) before the alcohol is uniformly distributed in your blood, your BAC result could be erroneously high.
• There is an inherent error in the machine, generally of plus or minus .01%
• There may have been an interferent in the machine such as acetone (found in diabetics with low blood sugar) or toluene (found in paint, glue, thinners, cleaning solvents. etc.). The machine has filter wheels that supposedly detect certain interferents, but there's no separate test each time to check if the filter wheels are working.
• The machine measures blood alcohol concentration by taking a breath sample (which may have some alcohol in it) from deep in your lungs (that's why the test operator repeatedly says "blow, blow, blow, ...!"). If you had mouth alcohol (from burping, GERD, a piece of food in your mouth) that was blown into the machine, the BAC result could be affected. In fact, if the operator observe the subject burp, belch, or hiccup during the 20 minute waiting period before the breath sample is given, the operator is not allowed to proceed (under the state's own regulations) and must wait another 20 minutes.
• There may have been operator error.
• There may have been a machine malfunction, or maintenance or repair problems.
• Clearly, the breath test measures the subject's BAC at the time of the test, and cannot measure the BAC back at the time of actual driving.

Not Sure What to Do Next? Contact MacDowell & Associates

For an initial consultation with a drunk driving defense attorney MacDowell & Associates, call us at 703-591-1336, page us at 703-429-9000, or contact us online.