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The Gordon Law Firm is staffed with attorneys in the Fairfax, Leesburg and Manassas area who have helped with over 2,500 reckless driving, DUI and felony cases.
A Manassas DUI attorney explains DWI and DUI enforcement in Prince William County
Last year in Prince William County, more than 300 people were charged with drunk driving related offenses. It is important to understand that just because a DUI or DWI arrest has been made it does not mean that every person charged with this serious offense in Prince William County was found guilty.
The penalties for DUI in Prince William County can be severe. The maximum punishments for a first time conviction can be a loss of driving privileges for 12 months, a fine of $2500.00, and 12 months in jail. You should meet with an experienced Manassas DUI attorney to thoroughly review the events that caused the police officer to make an arrest. As we listen to the facts you present to us at your free consultation, we will carefully examine the factual, legal, and scientific issues that might lead to a successful resolution of your DWI or DUI charge.
With your assistance, our Manassas DUI lawyer will look for weaknesses in the case against you. We will thoroughly prepare for your hearing in court and we will be ready to present effective arguments to the prosecutor, and if necessary, the judge or jury at trial. Depending upon the facts, our attorneys may be able to persuade the Prince William County Commonwealth’s Attorney to minimize the amount of license suspension, jail time, and fines or even reduce the charges.
Virginia’s DUI laws are very complex. DUI, DWI, and their related laws take up more than 40 pages of the Virginia Code. In 2004 and 2005, the legislature dramatically changed Virginia DUI laws and established even more severe penalties. Almost every year, the General Assembly amends the laws in order to raise the penalties for DUI and DWI. However, an experienced Virginia DUI attorney can benefit from laws’ complexity. We make every effort on behalf of our clients to challenge a DUI or DWI charge in Prince William County General District Court.
We strongly advise that you consult directly with a lawyer that has experience representing clients charged with DUI and DWI. Do not rely solely upon information found on the internet.
There are four main areas of the Virginia DUI and DWI law where a defense attorney can challenge the evidence at a trial in a Prince William County court. These issues are discussed at the bottom of this page.
- How and why was the driver stopped by the Prince William County officer or state trooper? Click here to learn more about DUI Stops in Virginia
- Did the Prince William County officer or trooper have probable cause to arrest the driver of the vehicle for suspicion of driving under the influence (DUI) or driving while intoxicated (DWI)? Click here for information about Field Sobriety Tests
- Was there an accurate measurement of the amount of drugs or alcohol in the driver’s system (Blood Alcohol Content, or BAC)? Click Here to learn more about Breath and Blood Alcohol tests used in Loudoun County
- Does the measured Blood Alcohol Content level accurately reflect the amount of alcohol within the driver’s body at the time he or she was driving a vehicle? Click Here to learn more about factors relating to BAC at the time of a DUI arrest.
The DUI Stop in Prince William County
Before a law enforcement officer can stop a driver for DUI, he or she must have probable cause that some traffic infraction or crime is being committed. A trooper or officer may have a reasonable suspicion that a person may be DUI or DWI if they are: driving too slow, disobeying traffic signs, swerving, weaving or going into the wrong lanes of traffic, or speeding. If an officer notices someone driving in this manner, the Manassas or Woodbridge police officer will probably make a traffic stop.
Once the person is has been pulled over, the officer will look at the person for evidence of intoxication such as: an odor of alcohol, inability to follow directions, glassy eyes, flushed cheeks, blood shot eyes, and incoherent or slurred speech.
Field Sobriety Tests in Manassas and Prince William County
If a person is suspected of DUI, the law enforcement officer may ask the person to perform a number of Field Sobriety Tests (FSTs). These tests are given by a police officer in order to establish probable cause to make DUI arrest and to determine a person’s level of intoxication. FSTs for DUI in Virginia are voluntary. Any driver can refuse to take them.
Common Virginia Field Sobriety Tests
Some of the tests used by officers to decide whether a person is intoxicated in Prince William County are the 9 step walk and turn, the Horizontal Gaze Nystagmus test (HGN), reciting the alphabet, standing on one leg, nose touch, and the preliminary breath test (PBT).
Alex Gordon, our DUI lawyer in Prince William County, has many years of experience cross-examining officers regarding the administration of Field Sobriety Tests. Your DUI defense attorney will ask questions regarding the officer’s directions to you prior to taking the FSTs. Mr. Gordon will also ask whether the officer or trooper showed you how you should complete the FSTs. How a person performed the FSTs is important for our DUI attorneys to know in order to defend your DUI charge in Prince William County.
Use of the Preliminary Breath Test in Loudoun County
If a driver is suspected of drunk driving related offense, a Prince William County police officer may ask that the person take a preliminary breath test, or PBT, on the side of the road. The preliminary breath test results can be used by the police officer to determine that he or she had probable cause to make a DUI arrest. However, evidence gained from the PBT cannot be presented at a trial regarding a person’s guilt or innocence. The PBT results can only be introduced into evidence if the justification for the DUI arrest is challenged at a pre-trial hearing in Prince William County court.
A Manassas DUI attorney should know that the Virginia Department of Forensic Science has regulations regarding PBT devices. If the PBT device is 1) not used according to its operations manual 2) has not been properly calibrated, or 3) not on the approved list, your Prince William DUI defense lawyer may try to prevent the police officer from introducing into evidence the preliminary breath test results at a pre-trial hearing.
Breath Testing Machines in Prince William County
The Intoxilyzer 5000 is a breath testing machine that is at the jail or Prince William County police station. The machine is connected to a computer. The Intoxilyzers are tested every month and are calibrated at least every 6 months. If properly operated, the Intoxilyzer may accurately determine a driver’s BAC, or Blood Alcohol Content, when the test is given. Our DUI lawyer in Prince William County will explain that the Intoxilyzer 5000 can make errors. For instance, the machine has been attacked by Virginia lawyers for finding chemicals other than alcohol, for not discounting high BAC tests due health issues, and for not being maintained correctly. Additionally, your attorney will explain how they can question the Prince William police officer about any errors the officer may have made while administering the breath test to the driver.
Anyone driving a vehicle upon the public highways in Virginia gives his or her “implied consent” to take the breath alcohol test with the Intoxilyzer. Before a person takes the Intoxilyzer test for a DUI, the Manassas police officer is required to read a list of the penalties a person could face if he or she chooses not to provide a breath sample.
What is “Implied Consent”? It means that if you drive a car, truck, or even a moped on a Virginia public road, you have automatically agreed to take the breathalyzer or, if the Intoxilyzer is not available, to take a blood test.
If you “unreasonably” refuse to submit to the blood or breath test, a Court can suspend of your driver’s license for 12 months. Under these circumstances, the court WILL NOT grant you restricted driving privileges. If you refuse to take the test after you have been arrested previously for DUI in Virginia, there could be a more lengthy suspension and you can be prosecuted criminally.
Remember, the suspension does not occur unless the Prince William County judge decides that you “unreasonably” refused to blow into the Intoxilyzer 5000. Our Manassas DUI lawyer can explain how our law firm defends “refusal” cases.
If you were driving your vehicle on a PRIVATE road, you are NOT required by Virginia law to take a blood or breath test. The officer may strongly recommend that a driver accused of DUI should voluntarily take a test. If the BAC result is below .08 percent, taking the breath test may have been a good decision. However, if there’s a chance that your BAC is near .08 percent or higher, you may strongly consider not taking the breath test. “Implied consent” warnings won’t be read by the Prince William police officer prior to the breath test. Under these circumstances, if anyone accused of DWI, DUI, or any other drunk driving offense voluntarily takes the blood or breath test, the Blood Alcohol Content evidence may be used against the driver during trial.
Blood Tests
If the Prince William County officer chooses to have a driver’s blood taken instead of administrating a breath test, the Virginia implied consent law also applies, along with the same consequences for the driver for refusing to agree to the blood test.
Challenging the BAC in a Prince William County DWI or DUI
If you have been arrested in Manassas or Woodbridge for a DUI, there are many ways to challenge the BAC evidence in a DUI trial in Prince William County courts. Thanks to Virginia DUI and DWI attorneys, instead of a “rebuttable presumption” there is now only a “permissive inference” of intoxication if a BAC level is above a .08. DUI and DWI defense attorneys have used this change in the interpretation of the law to highlight the scientific issues that have been used to defend allegations of DUI and DWI for decades.
An experienced Prince William and Manassas DUI lawyer should ask you about:
- Your health on the day of arrest and any recent medical treatment
- Whether you were taking any prescription or over the counter medications
- What you had ate breakfast, lunch, or dinner on the day of the DUI charge
- Your weight, height, and age
- What kind of alcohol were you drinking on the day you were arrested for DUI - were they mixed drinks, tall or short glasses of beer, etc., and what are your usual drinking habits
Alex Gordon, The Gordon Law Firm’s DUI and DWI attorney in Prince William County will explain how these facts may help us defend your case. In some DUI cases, the testimony of a toxicologist may be needed to convince a judge or jury that the Blood Alcohol Content that was measured does not accurately reflect the level of alcohol in your body at the time you were driving.
Any of the above circumstances could be important to your DUI case in Prince William County. We encourage you to meet with an experienced Prince William DUI lawyer to thoroughly review your case. Do not assume you will be found guilty, lose your Virginia license, and go to jail. Once we learn the facts from you at the free consultation, the DUI attorneys of The Gordon Law Firm will discuss how we can work together towards a positive resolution of your case. Click here to contact us.
Depending upon the facts of your DUI arrest in Prince William County, it may be possible for our lawyer to convince the prosecuting attorney to minimize the amount of jail time, fines, or suspension of driving privileges or even a reduction of the charges. If a trial is necessary, we will work with you closely as we prepare for your trial.
During this difficult time, we try to provide you with peace of mind. You can reach us after regular working hours by e-mail or phone to answer your questions. We can also schedule your appointment on a weekend.
To meet with an attorney for a free consultation to discuss a DWI, DUI, or any drunk driving related charge, e-mail us, or call our Prince William law office toll free at 866-591-6682.