What Are the Penalties for Boating Under the Influence in Virginia?

Learn about common white collar crimes in Virginia, including embezzlement, fraud, computer fraud, and money laundering, and how S.L. England can defend you.

How Long Does a DUI Stay on Your Record in Washington DC and Virginia?

What Should You Do Immediately After a DUI Arrest in Washington DC or Virginia?

Learn what possession with intent to distribute means in Virginia, potential penalties, and available defenses. S.L. England, PLLC provides criminal defense representation in Alexandria, Virginia.

Learn what happens between an arrest and a criminal trial in Washington, D.C., including booking, court appearances, discovery, plea negotiations, and trial preparation. S.L. England, PLLC provides criminal defense representation throughout Washington, D.C.

Is Jail Time Mandatory for 1st DUI in VA? Not if you're acquitted! But there are number of enhancements that can apply to 1st DUIs that can trigger mandatory jail time upon conviction. CALL TO ASK ABOUT DUI JAIL TIME Elevated BAC Under Virginia law, if a driver's blood alcohol content ("BAC") is .15 or greater, mandatory five days minimum jail time is required by law. A Fairfax judge can hand down a higher sentence, however. An experienced DUI attorney may be able to challenge the BAC and get jail off the table in your case. If the BAC is .20 or greater, mandatory 10 days minimum jail time is required by law. Once again, a Fairfax judge can hand down a higher sentence. An experienced DUI attorney may be able to challenge the BAC and get jail off the table in your case. Jail Time Can Happen Even If Not Mandatory Remember this: a Fairfax judge can sentence anyone convicted of a DUI for up to 12 months in jail under VA Code 18.2-226. This could happen for a variety of reasons. Bad facts, an accident or injuries , and prior driving convictions are factors Fairfax judges may consider when deicing whether to impose jail time. Fairfax prosecutors are also increasing DUI enforcement and cops are making more arrests than ever. Standard First DUIs Are Not A Thing Drivers often make the assumption that the DUI plea their friend got is a standard plea that he or she will get. Don't make that assumption. At S.L. England, we don't assume the prosecution can convict you and look to win your case. But if the case is difficult to win, don't assume jail won't be sought by the prosecution.

Getting Evidence Tossed out in a DUI FAIRFAX PD is going hard on DUIs right now, and have increased arrests with a specialized DUI Task Force. CALL TO TALK ABOUT DUIs. DUIs arrests can lead to more charges than just drunk driving. Police often use the DUI to try to find evidence to bring more charges, like possession of guns and drugs. That's what happened in Mr. Nottingham's case. What began as a DUI turned into felony gun charges. Read on. How Do You Suppress Evidence Here's some case law for you. The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures, including unreasonable searches and seizures of their automobiles. U.S. Const. amend. IV; South Dakota v. Opperman, 428 U.S. 364, 367 (1976) (identifying automobiles as "within the reach of the Fourth Amendment"). The Supreme Court has stated that warrantless searches and seizures "are per se unreasonable under the Fourth Amendment -subject only to a few specifically established and well delineated exceptions." Minnesota v. Dickerson, 508 U.S. 366, 372 (1993) (quoting Thompson v. Louisiana, 469 U.S. 17, 20 (1984) (per curiam)); see also Megel v. Commonwealth, 262 Va. 531, 534 (2001). "One such exception to the general rule requiring a search warrant is when an inventory search of an impounded vehicle is conducted in accord with the policy considerations recognized by the United States Supreme Court in South Dakota v. Opperman, 428 U.S. 364 (1976), and Cady v. Dombrowski, 413 U.S. 433 (1973)." Cantrell, 65 Va.App. at 59 . All of this is to say that when a constitutional right has been violated during some type of traffic stop, you can argue that the evidence should be suppressed. What Happened in the Nottingham Case After dark on the evening of June 18, 2021, Officer Astin of the Virginia Beach Police Department ("VBPD") initiated a traffic stop of Nottingham on Ferrell Parkway (the "highway") in Virginia Beach. Nottingham parked his black sedan on the shoulder of the highway and exited the vehicle at Officer Astin's command. After Nottingham took a preliminary breath test, Officer Astin placed Nottingham under arrest for driving under the influence of alcohol. Officer Astin searched Nottingham incident to that arrest and found a single pill in Nottingham's front right pocket. Nottingham informed Officer Astin that he had a prescription for that pill, which Nottingham identified as ten milligrams of Percocet. Nottingham told Officer Astin, "I'm a sickle cell patient. I have S.C. disease." He explained that he kept the Percocet pill on his person in case he had a sickle-cell-induced pain crisis. Officer Astin then told Nottingham, "I won't charge you with it [possession of a controlled substance] if I find the prescription." Nottingham eventually agreed to let Officer Astin retrieve proof of the Percocet prescription from a bag located on the front passenger seat of his vehicle, but Nottingham told Officer Astin that he did not consent to a search of his vehicle. The police eventually found a gun in the car and charged him with misdemeanor carrying a concealed weapon under Virginia Code 18.2-308 . The cops wanted to keep searching. The Court of Appeals ultimately found that “Officer Astin's conduct and very clear statements demonstrate that he was primarily motivated instead by a desire to search for contraband to determine what charges he could add to the DUI charge for which Nottingham had already been arrested. The result: the gun charges were tossed on appeal. Yes, the DUI wasn't overturned but some DUIs can lead to more charges. If you're arrested for any charge, be prepared to fight anything else the prosecutors might want to throw at you. If you're facing a DUI in Fairfax, Alexandria, Arlington, or any other Virginia Court, CALL TODAY .

Driving Under the Influence (DUI) is a serious offense in Washington, D.C. A DUI is often people's first arrest and encounter with the criminal justice system. The most important call you can make after your arrest is to an experienced criminal defense attorney. At S.L. England, PLLC, we are prepared to aggressively defend your future while giving you the best legal advice we have. CLICK HERE TO SPEAK TO A DUI ATTORNEY NOW. After Your DUI Arrest After you are arrested for DUI, you are taken to one of the seven police districts for processing. You will be fingerprinted and provide a breath sample at this time. If you are arrested on a first offense DUI and your Blood Alcohol Content (BAC) is below 0.20 percent, you will likely be cited and released. You will be given a date when you have to appear before a judge for your arraignment. Washington, D.C. has an implied consent law. If you refuse to submit a breath, blood, or urine sample, you will have your driver's license revoked for one year. If your driver's license was issued in another state, the revocation only applies to your ability to drive in Washington, D.C., but your state's DMV may be notified, and you may face penalties there as well. If you have an urgent medical need while you are at the police station, the police will either treat you at the station with over-the-counter medications or transport you to a hospital. If you are transported to a hospital, you will likely remain there until you can see the judge for your arraignment, usually the next day. The police have the option of holding you overnight, depending on the circumstances of your arrest. If they choose to do this, the police will transport you to Central Booking. This is where everyone who was arrested waits until they are transported to the court for arraignment. This is a holding area, not a jail. Central Booking is located at: 300 Indiana Avenue NW Washington, D.C. 20001 At your arraignment, the judge will decide if you can be released on bail or if you must remain incarcerated until your trial. If you cannot post bail, if you are a flight risk, or if you have another pending criminal charge, you will be transported to the Central Detention Facility, where you will remain until your trial. The Central Detention Facility is located at: 1901 D Street SE Washington, D.C. 20003 Courthouses Your DUI case will be prosecuted by the Criminal Section of the Public Safety Division of the Office of the Attorney General for the District of Columbia. Your pre-trial hearings and your trial will be held at the D.C. Superior Court. The courthouse is located at: 500 Indiana Avenue NW Washington, D.C. 20001 You are expected to be civil while you are in the courthouse. Disorderly or disruptive behavior is not tolerated at any time, including shouting, arguing, or using aggressive language. The court does not have a specific dress code, but will remove people from the property who wear clothing that distracts from court proceedings. This includes any gang insignia, exposed undergarments, provocative garments, or sheer clothing. Any clothing with words or pictures that make sexual or drug references or that are obscene or intimidating are also prohibited. Food is prohibited in all public areas of the courthouse except in the Courts Cafe on the C Street level. You may not take photographs or make audio recordings of any court proceedings. Electronic devices, including cell phones, tablets, or computers, may not be used in the courtroom. Smoking tobacco or using electronic smoking devices is permitted outside the courthouse at least 25 feet from an entrance. Using drugs, alcohol, or tobacco inside the courthouse is prohibited at all times. Weapons, including firearms, knives, tasers, and pepper spray, are not allowed in the courthouse. Anything that can be used as a weapon is also prohibited. Service animals that meet the criteria set in the Americans with Disabilities Act are welcome. Any violations of these rules can lead to expulsion from the courthouse, being banned from entering any D.C. court building, or arrest. Your attorney will notify you of court dates and accompany you to your hearing. Aggressive, Experienced DUI Representation in Washington, D.C. If you have been charged with DUI in Washington, D.C., the most important call you can make is to an experienced DUI attorney who can provide you with aggressive representation. A DUI conviction can carry consequences that extend beyond jail time and fines. At S.L. England, PLLC, our attorneys have the courtroom experience you need to effectively present your case to a judge or jury. We can represent you in any level court. Call  202-875-5181  or contact us online today.

When you have been pulled over and are suspected of drunk driving, you could be asked to provide a breath sample. Misconceptions exist about what your rights are and what these types of tests are. Misunderstandings can lead to more problems, especially if you are facing DUI charges in DC. CLICK HERE TO SPEAK TO A DUI ATTORNEY NOW. At S.L. England, PLLC, our DUI defense lawyer in District of Columbia helps clients understand all aspects of their drunk driving case. We believe informed clients make better decisions about their DUI case. If you have questions or want to speak to a criminal defense lawyer in DC, call us at  202-875-5181  to schedule a Free Consultation. What Are Breath Tests? Police officers use breath tests in roadside testing and following arrests to help determine whether an alleged drunk driver was under the influence of alcohol while operating a vehicle. These tests can be used for operators of cars and trucks as well as operators of motorcycles, boats, and other vehicles as defined by their respective state. There are two different types of breath tests: the preliminary breath test (PBT) (also known as preliminary alcohol screenings) and the breathalyzer. Both "types" are often simply called "breath tests," and that's where the confusion comes in. By referring to both as breath tests, people assume they are the same thing, but they are not. Each is administered for different reasons and purposes. Preliminary Breath Tests A preliminary breath test or alcohol screening is a breath alcohol test conducted using a portable breath machine in the field, meaning on the side of the road during a traffic stop or DUI investigation. The PBT measures a person's breath alcohol content (BrAC). Portable breath test results are almost always inadmissible in court because they are unreliable. You would want to speak to a drunk driving attorney, however, to make sure what your specific state law says about PBT results and admissibility. PBTs are administered when a police officer has reasonable grounds to believe you are unlawfully intoxicated. Maybe your speech was slurred or your eyes were bloodshot, and so the officer asks to take a breath sample. If you fail the PBT, that could be enough probable cause to arrest you for a drunk driving offense. A PBT result can also be used in conjunction with a failed field sobriety test as sufficient probable cause to arrest you. Breathalyzers After an arrest for a drunk driving offense, you will have to take another test. Typically, this is a chemical test using a breathalyzer. The breathalyzer is not a portable machine and produces results that are more accurate and can be admitted into court as evidence against you. Approved breathalyzer machines are subject to calibration requirements established by state or federal law. Before you provide a breath sample via a breathalyzer, the officer should have read the Miranda warning to you. Miranda warnings advise you of your rights. If this warning was not provided to you prior to a breathalyzer test, your constitutional rights may have been violated. Do I Have a Right to Refuse a Breath Test in District of Columbia? Whether you are in District of Columbia or anywhere else in DC, you can refuse a breath test in either situation. Breath tests using portable machines in the field are typically voluntary while tests used at the police station while in police custody are not voluntary. You can, however, still refuse either one. Keep in mind, though, that you should be ready for consequences stemming from the refusal. Immediate consequences include administrative penalties while long-term consequences are those that may result in a criminal conviction. All states have their own variation of implied consent laws. These laws basically say that you implicitly agree to obey the rules of the road when you get a driver's license. As such, you also implicitly agree to any chemical tests (breath, blood, or urine tests) in exchange for the privilege of operating a vehicle in the state. If you refuse, the state's agency for motor vehicles can impose an automatic license suspension and fines against you. You do not have to be charged and convicted of a drunk driving offense to have your license suspended -- you just need to refuse a breath test. What's more, in some jurisdictions, your refusal may be used against you in court as evidence that you were drunk driving. If you are convicted, your sentence could include jail time. Further, if you refuse, the officer may request a warrant to obtain a blood sample. Blood tests are much more reliable and accurate. If you were arrested in District of Columbia, you should speak to a drunk driving defense lawyer who handles both administrative and criminal DUI cases. Administratively, you can appeal an automatic license suspension if, for example, the police failed to warn you of the consequences. Criminally, you can fight DUI-related charges and be successful. Common Problems with the Breath Tests in DC Breath tests using portable machines are known to be unreliable, and that's why they are typically not admissible in court. Breath tests using breathalyzers at the police station, however, are admissible. They, too, can also be unreliable and become inadmissible under certain situations or circumstances. Problems with breathalyzers can be categorized as those resulting from the testing device or machine, the individual operating the device, or the test sample. Problems with the Breathalyzer Device Improper calibration Incorrect chemical solutions Inappropriate modification Faulty programming Broken or otherwise not maintained properly Issues with the Administration of the Test Failure to read Miranda Warnings Improper instructions or methodology Failure to follow testing protocols Testing performed by an untrained person Causes of Improper Breathalyzer Test Readings Pre-existing conditions or other medical conditions suffered by the test taker Medications, foods, or drinks Residual alcohol from the test taker's mouth Certain diets, like Keto Breath tests can be challenged. A criminal defense lawyer can file motions to suppress or exclude the results. Sometimes, if successful, this could result in dismissal of the charges or an acquittal. Five Ways We Challenge DUI Breath Tests in District of Columbia A breath test is often a substantial part of the prosecution's case involving DUI offenses. For that reason, it is essential to ensure that a breath test was performed correctly and the results are accurate.DUI defense attorneys who have been well trained and have experience in these cases can identify a problem with a breath test and take proper action to suppress it as evidence. At The Law Office of S.L. England, PLLC, we can take any of the following actions, depending on the specific facts and circumstances of your case: Attack the reliability of the breath test . Many reasons exist why we may not be able to rely on the results of a breath test, like a faulty machine, improper administration, or health issues with the test taker. Prove the breath device was not properly calibrated. Each state has its respective laws on calibration, but it usually involves a certified forensic analyst and verification of the machine's accuracy. Prove device was not properly maintained. Typically, the date and time of repairs and maintenance, as well as the nature and extent of and who performed the maintenance and repairs must be logged. Prove there was a lack of training or an operator's error. Police must be trained in order to conduct breath tests. An untrained or uncertified police officer may not properly administer the test. Prove records were not properly maintained. Records should be kept to show proper calibration and maintenance, and failure to keep those records updated can be used to prove the device was not properly calibrated or maintained as the law requires.  During the discovery phase of your criminal case, we will obtain the information and evidence we need to support arguments against the breath test's admissibility. Contact a DUI Defense Lawyer in District of Columbia Today You can have your day in court to challenge DUI charges regardless if you took and failed a breath test or refused one. With the right DUI defense lawyer in District of Columbia, you can be successful. Contact The Law Office of S.L. England, PLLC today by calling us at  202-875-5181  or filling out an online form to schedule a Free Consultation. We will review your case and discuss your best legal options.