FELONY DUI 3RD; REFUSAL 3RD; OBSTRUCTION; DRINKING WHILE OPERATING; NO OPERATOR'S LICENSE - LOUDOUN COUNTY

Felony DUI 3rd (18.2-266/18.2-270); Refusal 3rd (18.2-268.3); Obstruction of Justice (18.2-460); Drinking While Operating Vehicle (18.2-323.1) & No Driver's License (46.2-300).

Client was pulled over for suspicion of DUI (swerving) and fled on foot once Loudoun County Sheriff's stopped him. He was arrested and charged with Felony DUI 3rd within 10 years. He substquently refused the breath test at the police station. Since he ran from law enforcement, he was charged with Obstruction of Justice. Law enforcement found an open container of alcohol in his car which led to the charge of Drinking while Operating. He did not have a valid driver's license and there is an outstanding arrest warrant for Client in another state.

DISPOSITION:

1) DUI 3rd - Reduced to DUI 2nd within 10 years. 10 days in jail (Client has already served seven days prior to being released); $500 fine & ASAP. Client can apply for restricted license after four months with ignition interlock. Client was allowed to serve his remaining sentence on the weekend - Rare in Loudoun County. This sentence was the minimum that my client could receive pursuant to Va. Code 18.2-270. A very good day for Client.

2) Refusal 3rd - Dismissed

3) Obstruction of Justice - Dismissed

4) Drinking while operating vehicle - Dismissed

5) No Driver's License - Dismissed

DUI (.16); Reckless Driving by Speed - Frederick County, Virginia

DUI ((.16) (18.2-266/18.2-270)) and Reckless Driving by Speed ((83/65) (46.2-862)). Pursuant to Va. Code 18.2-270, a DUI conviction where the defendant's BAC is between .15-.19 is punishable by 5 days in jail, a mandatory minimum, and installation of the ignition interlock device. Honestly, this case was solid for the Commonwealth's Attorney. The stop was good (speeding), my client performed poorly on the FST's and her PBT result was .19.

Disposition: The BAC, .16, was struck from the face of the warrant. What that means is that my client will not have to serve any jail time and will not have the ignition interlock device installed on her car. The Reckless Driving was reduced to simple speeding (46.2-862). Sometimes, it's more about mitigation than guilt or innocence.