DUI, OWI and DWI in Virginia and DC. What is the law?

So what is a DUI?

Well...a DUI (driving under the influence) is a criminal offense. Generally, there are two types of alcohol related charges.

Abbreviation	Name	Description	Code
DUI	Driving under the influence	Varies. However, generally this charge requires proof that the alcohol content in an individual's blood is .08 or higher.	VA Code 18.2-266; DC Code 50-2206.11

DUI Cases - so you did not provide a breath sample (no blow)?

At Hanover Law, we defend a variety of criminal cases -- including DUI's. When it comes to drinking, it is not uncommon to have a client indicate they refused to do a breath test. I wanted to take a few moments today to discuss breath tests, and the requirements for testing. What happens if you don't blow into "the little tube", and how do you defend these cases?

DUI from other states -- what effect on my license?

Sean Hanover was asked a question regarding out-of-state DUI charges. His answer my be useful to others with similar questions.

Question:

I have DL from DC but got a DUI recently in CA. Will the DUI affect my driving record or will my license be revoked because of the DUI in CA. How/where do I find out if there is no warrant on me and the vehicle?

DUI -- and the five day rule

Recently had a couple of DUI's that seemed to have come to me after they had attended their initial hearing. This is just a reminder about seeking to have your license re-instated prior to your hearing date. In order to do so, you must file with the DMV to have a preliminary hearing within five days of having your license taken by the police for a DUI. This is known as the "five day rule."

A mere arrest for DUI is not a conviction, and an argument to have your license re-instated pending a trial on the merits will usually be permitted. Remember, though -- you must contact the DMV within 5 days of getting the DUI or jurisdiction on the license question is permanently transferred to the courts.

Need help with a DUI or OWI? Give us a ring! We'll discuss your case for free on the phone. We have several VA, DC, and MD lawyers who have considerable experience in drunk driving, operating while impaired, and drug cases.

http://www.hanoverlawpc.com
703-402-2723

Sean R. Hanover, Esq.
Principal Attorney
The Hanover Law Firm is located in Washington, DC and Fairfax, VA. We practice
in both state and federal courts in VA, MD, and DC.