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Top Ten Mistakes to Avoid in a Virginia DUI / DWI Case

1. Not Hiring a DUI Attorney Immediately - DUI / DWI in Virginia is a criminal charge and carries with it the possibility of serious jail time. Further, a DUI conviction results in losing your right to drive for a minimum of one year. A competent Virginia DUI attorney should understand the rules of law and evidence. In countless cases the attorneys at Portner & Shure have proven to Judges, through their understanding of the law, that our clients cases should be dismissed under the law. Hire a competent Virginia DUI / DWI attorney immediately after your arrest.

2. Trying to Save a Buck - You know the old saying, you get what you pay for. This applies in all aspects of life. Why in the world anyone would hire a cheap DUI attorney when the possibilities of jail time, loss of driving privileges, and a permanent record are at stake, amazes me. Don't try to save in a Virginia DUI / DWI case.

3. Understanding the Impact of More Than One DUI Conviction - After your second offense, there is a mandatory minimum $500 fine, driver's license revocation for three years, and possible jail time up to one year. If it is within five years of your first offense, there is a mandatory 20 days in jail?10 days if within 10 years of your first offense.

For your third DUI offense, there is a mandatory $1,000 minimum fine and an indefinite license revocation. You will be prosecuted for a Class 6 felony. If it's within five years of your previous DUI, there is a mandatory six-month jail term. Within 10 years, the mandatory jail term is 90 days. Either way, you will also permanently forfeit your vehicle, if you are the sole owner.

When your blood alcohol concentration is 0.2% or higher when you are arrested, your penalty will include a mandatory minimum 10-day jail sentence in addition to your other penalties. The second such offense within 10 years carries a mandatory minimum jail sentence of 20 days in addition to the other penalties.

If you have two drunk driving convictions within 10 years, you must install an ignition interlock system on all vehicles you own either solely or with another person. If you fail to do so, you face a possible Class 1 misdemeanor charge and risk having your license revoked again for one year. Plus, you may be put into jail for up to one year and be assessed a $2,500 fine.

Earlier this month basketball star and ESPN analyst Jalen Rose was sentenced to twenty days in jail for a March drunken-driving crash near Detroit. Rose pled guilty and admitted to the judge that he drank six martinis before crashing his SUV on a snowy road late in the evening. Even though several prominent members of the Detroit community came out in support of Rose and despite the fact that the prosecutor did not recommend jail time, the judge sentenced Rose to twenty days in jail.

Rose's attorneys were beside themselves. One of his attorneys commented that the judge was legislating from the bench and cited his client's donations to charity and service to the community, including starting inner city schools. The judge, who has a reputation for coming down hard on drunk drivers lectured Rose stating, "The one thing that people never want...that they will hire expensive lawyers to avoid...is jail time. That's why I believe it is the right punishment." Rose's actual sentence is 92 days in jail and one years probation, but the judge suspended 72 days of the sentence. The maximum penalty for the charge is 93 days, but Rose received credit for the night he spent in jail after the crash.

A common question that comes up in Virginia regarding the DUI law, is what happens if someone is simply "sleeping it off" in their car. Can they be convicted for DUI under Virginia Code Section 18.2-266? Does the car have to be running? What if it is cold outside and the heat is on? What about the radio?