Determining whether a DUI/DWI is classified as a misdemeanor or felony relies on certain factors. Is a DUI a felony? Across most states, a DUI conviction, even for a first offense, typically falls under the category of a misdemeanor. However, there are situations where a DUI charge may escalate to a felony. Elevating DUI Charges […]
Probable Cause for DUI Arrest
Understanding The Probable Cause for DUI Arrest DUI is a charge that affects a large segment of the population. It is a public safety crime that seems to occur across all demographics in society. One theory as to why this happens is that people are so tempted to drive their own cars home rather than […]
Don’t Drink & Drive! Here’s Why an Uber Ride is WAY Cheaper Than a DUI
Let’s face it, after a night out, the last thing you want to deal with is the hassle (and danger) of driving home under the influence. But before you risk a DUI, consider this: an Uber ride is a whole lot cheaper than the wreckage a DUI can cause. Think you might be okay to […]
Are you required by law to submit to a breathalyzer if you are pulled over on suspicion of DWI in Virginia?
In Virginia, the preliminary breath test (PBT) that is offered to you at the scene of the stop is separate from the other tests you may be required to take if you are taken into custody for further investigation on suspicion of drunk driving. The breathalyzer offered to you at the scene of the stop […]
Sarafin v. Commonwealth and the Meaning of Operation Under Va. Code 18.2-266
An issue that sometimes arises in DUI cases is whether the defendant was “operating” the vehicle. Simply put, the idea is that to be convicted of a DUI offense in Virginia, the Commonwealth is required to prove beyond a reasonable doubt as one of the elements of the charge that the defendant was operating or […]