Bob Keefer: Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving
If you are arrested for drinking and driving, the odds are not in your favor. The judge, prosecution and law enforcement are against you. They want to make sure that you pay the price for your DUI. That is why you need to have someone on your side.
The state of Virginia prides itself on being tough on drunk drivers, which means you will face severe consequences if you are convicted. You must know your rights as a DUI defendant and should always seek legal counsel before entering the courtroom. There are aspects of the legal system that you may not know, but with the help of a DUI attorney, who has extensive knowledge of the Virginia DUI laws, you can win your case.
Virginia DUI LawVirginia is known for its harsh judgments in DUI cases. The section of the Virginia Code that covers DUI law is over 40 pages. The Virginia courts hear so many DUI cases, that defendants are encouraged to quickly admit guilt, just to keep the cases moving through. You are entitled to a fair and just trial and do not have to settle for a quick case. Make sure you have someone representing you and looking out for your best interests. Bob Keefer, a Virginia DUI lawyer with over 24 years of experience, will get you the fair hearing you deserve.
A DUI conviction carries a serious punishment that can affect you for years to come. The conviction will remain on your record and is considered a criminal offense. Your employment could be negatively impacted by a DUI and consequently, your family’s financial wellbeing could be in jeopardy.
The punishment for a DUI conviction varies between the jurisdictions and also depends on the facts of your case. With any Virginia DUI conviction, you may be required to serve time in jail.
A first time offense may have a court fine of up to $2,500.00 and your driver’s license will be revoked for one year. In addition, you will have to attend a DUI education program provided by the
Virginia Alcohol Safety Action Program (VASAP) and will be on probation for one year. A second offense will result in a three year driver’s license suspension and another fine. A third offense within ten years will be prosecuted as a Class 6 felony with mandatory time and a fourth offense will require a mandatory minimum jail term of one year.
If you are given a sentence enhancement, you will be facing a worse punishment. Common reasons for enhancements include:
- A past offense occurred within 5 to 10 years of the current offense.
- A child was in the car at the time of the incident.
- Your blood-alcohol concentration (BAC) was over .15% or .20%.
- You refused to submit to a chemical test.
- Property was damaged or someone was injured.
- You were under 21 years of age at the time of the arrest.
Virginia has an implied consent law, which basically means that licensed drivers already consent to breath or blood tests to measure their BAC. If you refuse to submit to one of these tests after being arrested for drunk driving, your driver’s license could be suspended for an additional year if you are convicted.
Contact Bob Keefer at (540) 433-6906 for expert advice on your DUI or DWI case.
DUI DefenseDUI cases are complex and involve many legal and scientific issues. The prosecution has unlimited resources at their disposal and the chance of a favorable outcome is slim – unless you work with an experienced DUI lawyer. There are many potential defenses for a DUI allegation and an attorney will review your case to determine which one fits your situation.
Some of the common defenses include lack of probable cause by the arresting officer, the Miranda was not read at the appropriate time, a blood or breath test was given during the absorptive phase or the consequences were not explained for refusing a chemical test. There are a lot more possible defenses that arise in DUI cases that should be discussed with a Virginia DUI attorney.
There are many components of the DUI arrest, including the traffic stop, arrest, blood or breath test, and field sobriety test. An experienced DUI lawyer will review all the details of each step in the arrest to determine if the law enforcement officer made a mistake. One minor error during the arrest can result in the charges being dropped. For example, if the officer cannot prove that there was “reasonable suspicion” to stop you, the case will be dismissed.
Blood-alcohol concentration is generally one of the prosecution’s biggest pieces of evidence. However, there are a variety of problems associated with blood and breath testing. Breath test equipment uses a ratio when converting alcohol in the breath to alcohol in the blood. This ratio can vary from person to person and therefore does not always directly reflect the level of intoxication. Even radio frequency can skew the results and cause an inaccurate reading. A DUI attorney will review the evidence to determine its accuracy.
If you or a family member has been arrested for a DUI or DWI, don’t wait to contact Bob Keefer at (540) 433-6906. He will fight on your behalf!
Blog for Bob Keefer: Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving
Library for Bob Keefer: Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving:
- Attached is a 2003 study called “Nystagmus Testing in Intoxicated Individuals”. Page 2, paragraph 6 reads:
“Virtually all normal individuals can make smooth pursuit eye movements to track targets up to 30deg/sec…. If a target moves too quickly for the smooth pursuit system to track accurately, brief catch-up saccades will be interposed……and the eyes will been seen to jerk as they follow the stimulus.” [PDF]
Description: Attached is a 2003 study called “Nystagmus Testing in Intoxicated Individuals”. Page 2, paragraph 6 reads:
“Virtually all normal individuals can make smooth pursuit eye movements to track targets up to 30deg/sec…. If a target moves too quickly for the smooth pursuit system to track accurately, brief catch-up saccades will be interposed……and the eyes will been seen to jerk as they follow the stimulus.” - Bloodshot eyes are no longer considered to be a clue of impairment by alcohol. There are just too many other causes in the normal environment. See attachment E. page 10 of the NHTSA publication: "The Detection of DWI at BACs Below 0.10." [PDF]
Description: Bloodshot eyes are no longer considered to be a clue of impairment by alcohol. There are just too many other causes in the normal environment. See attachment E. page 10 of the NHTSA publication: "The Detection of DWI at BACs Below 0.10." - DUI/ DWI Arrest Survival Guide: The Guilt Myth (Second Edition) by Bob Keefer, Esquire and Bob Battle, Esquire [PDF]
Description: DUI/ DWI Arrest Survival Guide: The Guilt Myth (Second Edition) by Bob Keefer, Esquire and Bob Battle, Esquire
The book that gives you a fighting chance to get a good result from a DWI charge in Virginia. - Opioid Pharmacokinetics and Expected Metabolites Chart [PDF]
Description: Opioid Pharmacokinetics and Expected Metabolites Chart - The actual location of Virginia's EC/IR IIs by serial number and location as of November 4, 2009. [PDF]
Description: The actual location of Virginia's EC/IR IIs by serial number and location as of November 4, 2009. - Virginia's EC/IR II is not fair to diabetics. [PDF]
Description: Diabetics are not fairly tested by Virginia's new evidentiary breath tester. - Pete Marone Head of the Virginia Department of Forensic Science testifying before Congress in May 2009 [PDF]
Description: Director Marone admits that the Department of Forensic Science does not have enough resources to perform its job of forensic analysis properly. - Alexandria Circuit Court orders inspection of the Intoxilyzer 5000 used in Vito Fosella case [PDF]
Description: Alexandria Circuit Court orders inspection of the Intoxilyzer 5000 used in Vito Fosella case. Permits examination with oscilloscope or other necessary equipment. - Forensic Science has lost its way: There are fields of forensic science that have little or no basis in actual science.
Description: A Federal Study points out the problems with forensics. - 88 Consequences of Virginia DWI DUI Conviction [PDF]
Description: 88 Consequences of Virginia DWI DUI Conviction - Virginia Intoxilyzer 5000 Operator's Manual -- Department of Forensic Science [PDF]
Description: Virginia Intoxilyzer 5000 Operator's Manual -- Department of Forensic Science - 1990 NHTSA Checkpoint Guidelines [PDF]
Description: 1990 NHTSA Checkpoint Guidelines - 1998 San Diego Study - Stuster & Burns [PDF]
Description: 1998 San Diego Study - Stuster & Burns another attempt by nhtsa to set up a reliable method of determing bac without doing any medical or scientific testing - 1997 Florida Validation Study of SFST - Burns & Dioquino [PDF]
Description: 1997 Florida Validation Study of SFST - Burns & Dioquino, another attempt by nhtsa to set up reliable field tests to determine who to arrest for dwi dui drunk driving in cases where there is no visible impairment - 1997 Detection below .10 Shuster [PDF]
Description: 1997 Detection below .10 Shuster is an attempt to provide NHTSA with reliable field tests to determine who to arrest for dwi dui drunk driving with a bac that does not normally produce any measurable impairment - 1997 Psychophysical Tests for DWI Arrests [PDF]
Description: 1997 Psychophysical Tests for DWI Arrests another attempt by nhtsa to provide accurate field testing to determine proper subjects to arrest for dwi dui drunk driving - 1995 Colorado Validation Study -- final report [PDF]
Description: 1995 Colorado Validation Study -- final report for NHTA containing acceptable testing for DWI DUI drunk driving impairment cues and clues - 1993 DWI Motorcycles - NHTSA [PDF]
Description: National Highway Traffic Safety Administration report on DWI DUI drunk driving impairment cues to watch for in Motorcycle riders published in 1993 - Abbreviations and Symbols for use in medical records [PDF]
Description: Abbreviations and Symbols for use in medical records - Bob Keefer: CMI study shows the I5000 is essentially blind to radio frequency intereference at various frequencies. [PDF]
Description: Study done by the Digital Corporation for CMI that found that the RFI detector on the Intoxilyzer 5000 is essentially blind at various frequencies. View All
Frequent Questions for Bob Keefer: Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving:
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Web Resources for Bob Keefer: Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving:
- William T. Bly, excellent New Hampshire DWI/ DUI Lawyer
- Paul McGlone, NCDD General Member: Excellent Fairfax DWI DUI Lawyer
Description: Paul is one of the best DWI/DUI defense attorney's in Virginia. He is a member of the National College of DUI Defense and has over 20 years of experience. If anyone I know receives a drug/alcohol charge in his area I send them to Paul. I give Paul my highest endorsement.
- Missimer Law, S.C.,
Description:
Experienced, Affordable, Quality Representation in Southeastern Wisconsin
Legal issues affecting your future or your family's future can be frightening and confusing. You don't have to face these issues alone. Whether you have been charged with a crime or are going through a divorce, the assistance of an experienced lawyer can be invaluable in ensuring your rights, freedom and best interests are protected.
At Missimer Law, S.C., our attorneys believe in offering experienced legal advice at rates that fit into any budget. Located in Elkhorn, Wisconsin, we represent clients throughout the Walworth County area. We understand how worrisome your legal issues can be, and we will focus on helping you find the resolutions you need to move forward with your life free of concern and fear.
Leveraging nearly 10 years of combined experience, our firm is able to offer support to clients facing even the most complicated issues. Our firm's practice areas focus on:
- Criminal Defense: Homicide, drug crimes, theft, traffic offenses
- DWI/DUI/OWI: Driving under the influence, driving while intoxicated, operating while intoxicated
- Family Law: Divorce, property division, bankruptcy, maintenance, child custody & support
To schedule a free 30 minute consultation to discuss your legal concerns, please contact our office online or call 262-565-8201 for criminal defense assistance or 262-565-8200 for family law guidance.
Our Criminal Defense and Family Law Practices
At Missimer Law, S.C., we take great care to provide the comprehensive legal assistance you need when struggling with difficult family law situations or the threat of a criminal charge.
Criminal Defense: A criminal conviction can carry serious consequences, such as fines, jail time or the loss of your job. Certain charges can affect your CDL (commercial driver's license) or other professional license (i.e. nursing, real estate, etc...) and can seriously impact your livelihood. When defending clients facing criminal charges, we first try to negotiate with the prosecution to amend the charge down to a non-criminal charge. Our goal is to keep you out of jail, protect your CDL or other professional license, and keep you gainfully employed.
Family Law: Our family law services are designed to help you protect your family from the emotional and financial harm caused by divorce, child custody, property division and other family law disputes. Our goal is to help you reach lasting solutions and find the closure you need, so you and your family can move forward with your lives as quickly and painlessly as possible.
Contact our office to discuss your criminal law of family law concerns today.
- Virginia Freedom of Information Act Law
Description: The Freedom of Information Act is a useful tool in obtaining information about how the government is operating. In the case of DWI prosecutions, the FOIA requests are essential to determine whether the Department of Forensic is properly performing its job.
- Blog for Fairfax Delegate Scott Surovell
- Free Evaluation of your Virginia DWI DUI or Drunk Driving Charge
Description: Easy to use form to obtain a free evaluation of your Virginia DWI DUI or Drunk Driving Charge.
- New Virginia legislation in response to Melendez-Diaz prohibition of trial by affidavit
Description: Virgnia's attempt to allow trial by affidavit.
- Tom Workman's primer for Judges on the importance of source code in understanding evidentiary breath test machines
Description: The software controls the machine which gives us the number used to prosecute the suspected drunk driver. If we do not understand the software we cannot understand the machine. The Accused cannot defend himself from a charge brought be a machine he is not allowed to understand.
- Todd F. LaNeve, NCDD General Member: Excellent WV DWI DUI Lawyer
Description: Todd F. LaNeve, General Member
PO Box 549
Jane Lew, WV 26378
Email: tlaneve@wvdui.com
Website: www.wvdui.com
Phone: 304-624-1700
Fax: 304-624-1800
- Determing whether your DWI DUI clients meet the medical definition of Obesity.
Description: Here's a useful medical definition for "overweight", "obesity", etc. that
you can use to evaluate your clients. Go down to the BMI (Body Mass Index)
section:
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