(804) 690-1228 pinskerlaw@gmail.com

DUI Lawyer Virginia

Penalties for DUI and DWI

The penalties for a DUI or DWI in Virginia can be severe. If you are convicted, you face the following:

  • Jail time of up to 12 months
  • Fine of up to $2,500
  • Loss of your driver’s license for up to 1 year
  • 6 demerit points on your license
  • Increased insurance rates
  • Mandatory drug testing and drug education classes
  • Ignition interlock on your vehicle
  • Criminal record which will show up on background checks

How to Fight a DUI or DWI Charge

There are a number of defenses that a skilled can be used to fight a DUI or DWI charge, including. Here are some of the more common ones:

  • Your driving was not impaired
    • Most drivers aren’t stopped for bad driving, but normal traffic issues like speeding. Other times, even when there was an accident, the arresting officer rarely witnessed it himself.
  • The officer did not have reasonable suspicion to stop you
    • What was the basis of the stop in the first place? Officers need a legal basis to stop a person. Many times, officers claim driving was “erratic” or use vague and ambiguous language to justify a stop. If the stop itself was not legal, the entire case can often be dismissed.
  • The officer did not have probable cause to arrest you
    • After being stopped, the officer will need to develop “probable cause” to arrest, otherwise the case can be dismissed. Arguments that the arrest lacked probable cause can include:
      • You did better on the Field Sobriety Tests than the officer claimed. Thanks to body-worn camera, we can now see discrepancies between what officers write in their reports and what is shown on video
      • The officer did not properly administer the Field Sobriety Tests
        • These tests only matter if they are properly administered. Matt C. Pinsker regularly calls out officers for their mistakes
      • You weren’t showing signs in general of impairment
        • Officers often claim speech was slurred, eyes were glassy and bloodshot, and other conditions. However, skilled cross-examination can often reveal the officers are in error
  • Challenging the breathalyzer 
    • Despite the importance of the breathalyzer, it is not perfect. Many persons have medical issues which impact the accuracy of the results. Sometimes officers forget proper procedures (such as checking the inside of the accused’s mouth) prior to administering it. These issues can raise reasonable doubt, leading to a dismissal.

DUI Defense Attorney versus regular criminal defense attorney

Finding a criminal defense attorney is easy, and most criminal defense attorneys will take DUI cases. However, less than 5% of criminal defense attorneys have specialized for DUI cases. A lawyer may be brilliant at handling murders and white-collar crime, but DUI defense is its own field requiring specialized training and expertise.

If you have been charged with a DUI or DWI in Virginia, you need to speak with an experienced lawyer as soon as possible.

How many DUI's are you hired on (not court-appointed) each month?

If it is only 2 or fewer, this lawyer is probably not a specialist

Have you ever taught DUI, or written any books on it?

Any lawyer can take a class on DUI’s, but why hire the student when you can hire the teacher? Many of the lawyers (prosecutors and defense attorneys alike) and law enforcement in Virginia were trained by Mr. Pinsker, either in his classroom or using the textbook he wrote.

Do you have your own copy of the NHYTSA training manual for Field Sobriety Tests?

This is the training manual officers use to learn how to administer the FST’s. A lawyer who specializes in DUIs will have his own copy, and uses it in court to show the officers are doing the tests wrong. When you meet with the lawyer, ask to see a copy. If a lawyer doesn’t have a copy, this is a huge red flag.

Matt C. Pinsker’s copy is well-used and bookmarked in multiple areas for usage at trial

How long have you been representing people charged with DUI or DWI?

Try to find an attorney with at least 7 years of experience. That’s the same amount of time it takes a surgeon to become an expert. 

10.0Matt Clay Pinsker
Avvo - Rate your Lawyer. Get Free Legal Advice.
Matt Clay PinskerReviewsout of 197 reviews

Where We Defend

Amelia County, Caroline County, Charles City County, Chesterfield County, Cumberland County, Dinwiddie County, Goochland County, Hanover County, Henrico County, King and Queen County, King William County, Louisa County, New Kent County, Powhatan County, Prince George County, Sussex County

Contact Us Today

4932 Dominion Blvd, Glen Allen, VA 23060

© 2023 Pinsker Law | All Rights Reserved

Schedule a Consultation Today