The two most likely reasons are that the sample you provided was for the preliminary breath test, or that there was a problem with the breath sample for the breathalyzer. During most DUI arrests for alcohol, there are two breath tests. The first test occurs during the traffic stop before the arrest. It is a[…]

Community service or any other alternative to conviction is sometimes called “taking a charge/matter/case under advisement.” It is a common resolution for some types of charges. However, DUI is treated differently because of the public safety concern, and it is extremely unlikely that a DUI charge would be resolved by performing community service instead of[…]

  Suspension or Revocation of Driver’s License After conviction for DUI, the court and DMV will both take your driver’s license. Technically, the court suspends the privilege to drive in Virginia and sends the information to the DMV which revokes the license. The suspension/revocation periods for DUI convictions are: First DUI conviction—one year. Second DUI[…]

At some point before trial, you may decide to negotiate for a plea agreement. Most prosecutors are willing to discuss a plea agreement, but not necessarily one that is good enough to accept. The following are examples of terms your attorney can try to negotiate: Dismissal of some charges In cases involving multiple charges, prosecutors[…]

Accepting a plea agreement means giving up any chance of winning the trial, and being stuck with a criminal conviction forever. Rejecting the offer could lead to more severe consequences than the plea offer if trial does not go well. The right decision depends on how the offer compares to the chances of winning the[…]

No one is required to plead guilty to a criminal charge in the United States. The Constitution guarantees defendants the right to confront the witnesses and evidence against them at trial. Pleading guilty might be the best decision under some circumstances, but it should be for a good reason. It is unlikely that you could[…]

Unfortunately, yes because the law no longer requires intoxication. Any driver impairment from alcohol or drugs is enough for a DUI conviction. When breathalyzer or blood test results reach certain levels, the prosecutor may not need any additional evidence that the driver was impaired. The following section explains the elements of DUI and the potential[…]