Virginia DWI and DUI Frequently Asked Questions

What are my rights if the police unlawfully stopped, arrested, tested and charged me?

If your rights were violated in any way, there may be no case against you. A good DWI lawyer will evaluate whether your rights were violated in any way. If you were not properly treated or unlawfully stopped, you may have recourse to have the case dismissed.

What can I do after I've had a DWI conviction?

I know this sounds elementary, but the best thing you can do is stay out of further trouble with the law. Also, with the help of a good DUI attorney, you will receive the kind of support and guidance that will help you in rebuilding and restoring your life.

If after I submit to chemical testing, my blood alcohol concentration (BAC) is less than .08, can I still lose my driver's license?

Yes it's possible to be convicted of DWI with a BAC less than .08, but an experienced DWI attorney will likely be able to craft various defenses to such a charge. Also, in Virginia, if you are charged with DWI, you automatically lose your license for 7 days during what is known as an "Administrative Suspension."

If I'm charged with a DWI- why is it so important that I consult with a drunk driving attorney?

DWI is a criminal offense - not just a simple traffic violation. If you are convicted of DWI, there are mandatory legal penalties which require the help of a qualified lawyer

What are the penalties that I am facing if I am charged with a DUI or DWI?

If you are convicted of DWI, among other penalties, your driver's license is automatically suspended for a period of one year; you face fines up to $2,500; you could go to jail for up to 1 year; and you will be required to attend the Virginia Alcohol Safety Action program (VASAP). In addition, your auto insurance rates will dramatically increase, you will need to note the conviction on job applications and the conviction can appear on your credit report. If you are a professionally licensed individual, a conviction can be reported to the relevant governing agency.

What is Blood Alcohol Contact (BAC)?

Simply put, it is the amount of alcohol in your blood. A BAC test actually measures the weight of alcohol in a certain volume of your blood, expressed as a percentage. learn more ›

Who can I discuss my DWI case with?

It is best not to discuss your arrest with anyone other than your attorney. Family members, friends and co-workers can certainly be called as witnesses by the prosecution. An attorney cannot be called as a witness, so protect your rights by speaking only to your attorney.

Are breath tests accurate?

This is a topic of serious debate and experts have testified that breath tests are NOT as accurate as blood tests.

After I was arrested for DWI, I had to sit for 20 minutes.  Why?

Law enforcement officers will testify that it is to allow any residual mouth alcohol to be absorbed.

Can dentures affect a breath test? What about tongue rings?

Dentures and tongue rings can affect the breath test result, especially if the required 20 minute observation is not properly performed.

Can a penny under the tongue influence the reading?

This is an "urban legend."  A penny under the tongue does not contribute or alter the breath reading.

If a person has asthma, can they provide a breath sample?

Yes, generally people with asthma can provide breath sample.  However, if the asthma sufferer lacks the ability to breath hard enough to provide a sample, he/she should inform the breath test operator of the medical condition or could face the additional charge of Unreasonable Refusal.

If someone has a dose of cough medicine, will it contribute to the reading?

Possibly.  This is the type of infomration that an expert toxicologist could use in a case of a disputed breath test result.

How long does it take the average person to eliminate alcohol from his/her system?

It varies, but the average elimination rates range from 0.015 to 0.020 units decrease in the blood alcohol reading per hour.

Will coffee, cold showers and exercise help "sober up" someone who has been drinking?

No.  Only the passage of time to allow elimiation of alcohol from the system will "sober up" an individual.

If have been arrested fro DWI/DUI, can I request information related to my case from the Breath Alcohol Section of the Virginia Department of Forensic Sciences?

Yes.  Your attorney should likely handle this type of request.  Notwithstanding, the Breath Alcohol Section responds to letter requests and subpoenas duces tecum for breath test information from defendants and their attorneys. According to the state website, the section receives approximately 350 to 400 requests a month, so it is recommended that you read and follow the steps set forth below.

How to request information:

Letter requests from defendants must include proper identification (i.e. photocopy of driver's license). Letter requests from attorneys must be on attorney letterhead.

Please include:

• Defendant's name
• Court date
• Offense date
• Instrument serial number
• Operator's license number
• Copy of the actual Certificate of Analysis

Items to request:

• Computer generated logbook
• Monthly Preventive Maintenance Checklist
• Certificate of accuracy
• Operator's license verification
• Instrument certification and
• Maintenance history

Please submit to the Breath Alcohol Section 3 to 4 weeks prior to the court date. Please also note that the Certificate of Analysis and the Operational Checklist are located at the police department.

Addresses, phone and fax numbers:

Department of Forensic Science
Breath Alcohol Section
700 North 5th Street
Richmond, VA 23219
Phone: 804-786-6971
Fax: 804-786-6139

Letters should be addressed to:

Alka B. Lohmann

To set up a consultation and find out how we can put our legal expertise and experience to work for you as your Driving While Intoxicated / DWI defense lawyer, please call or email us today.