DUI REDUCED TO RECKLESS DRIVING/ REFUSAL DISMISSED

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

On May 9, 2012, an attorney from Weiland Upton represented a client charged with a DUI and refusal.  If convicted of the DUI, the client would have received a high fine, a potential jail sentence, suspended license for one year and would have been required to attend the Virginia Alcohol Safety Program (VASAP).  Additionally, if the client had been convicted of the refusal, the client would have lost their license for an additional year with no opportunity to obtain a restricted license. Our attorney was able to convince the prosecutor to dismiss the refusal and reduce the the DUI to a reckless driving charge. As a result, the client paid a fine and id not have to attend the VASAP program or have their license suspended for any period of time. In this case, the client was arrested for DUI and taken to the jail to provide a breath sample as required under Virginia’s implied consent law.  Although the client made several attempts to blow into the machine, the client was physically unable to provide a strong enough breath sample to allow for a valid test result.  Because the police officer did not provide the client with the opportunity for a blood test, our attorney was prepared to argue that the police denied the client of an opportunity to obtain exculpatory evidence.