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Bob Keefer: Staunton Waynesboro Augusta County Virginia VA DWI DUI & Drunk Driving Lawyer representing those charged with DWI DUI & Drunk Driving in Staunton Waynesboro Augusta County Virginia VA

Bob Keefer: Staunton Waynesboro Augusta County Virginia DWI DUI and Drunk Driving Lawyer: Even police officers get charged with DWI DUI and Drunk Driving.
Bob Keefer: Harrisonburg Rockingham County Virginia VA DUI DWI & Drunk Driving Lawyer: Even Baseball Players get charged with DWI DUI & Drunk Driving

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Bob Keefer: Staunton Waynesboro Augusta County Virginia VA DWI DUI & Drunk Driving Lawyer representing those charged with DWI DUI & Drunk Driving in Staunton Waynesboro Augusta County Virginia VA

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Bob Keefer: Staunton Waynesboro Augusta County Virginia VA DWI DUI & Drunk Driving Lawyer representing those charged with DWI DUI & Drunk Driving in Staunton Waynesboro Augusta County Virginia VA

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 which includes Staunton Law Enforcement 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 Law
Virginia 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 Defense
DUI 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: Staunton Waynesboro Augusta County Virginia VA DWI DUI & Drunk Driving Lawyer representing those charged with DWI DUI & Drunk Driving in Staunton Waynesboro Augusta County Virginia VA

Library for Bob Keefer: Staunton Waynesboro Augusta County Virginia VA DWI DUI & Drunk Driving Lawyer representing those charged with DWI DUI & Drunk Driving in Staunton Waynesboro Augusta County Virginia VA:

On March 11, 2010, the National Highway Traffic Safety Administration (NHTSA) published a notice in the Federal Register that updates the Conforming Products List (CPL) of instruments that conform to the model specifications for Evidential Breath Testing Devices. [PDF]
Description: On March 11, 2010, the National Highway Traffic Safety Administration (NHTSA) published a notice in the Federal Register that updates the Conforming Products List (CPL) of instruments that conform to the model specifications for Evidential Breath Testing Devices.

The major changes to the udpated CPL list include four new instruments and an update to the mobility status of one existing instrument.

The following four instruments were added to the CPL:

- Alcotest 7510 [manufactured by Draeger Safety Inc., Irving, Texas]
- Alco-Sensor V [manufactured by Intoximeters, Inc. St. Louis, Missouri]
- Evidenzer [manufactured by Nanopuls AB, Uppsala, Sweden]
- Mark V Alcovisor [manufactured by PAS International, Fredericksburg, Virginia]

The following instrument's mobility status was updated to include 'mobile':

- Alcotest 9510 [manufactured by Draeger Safety, Inc., Irving, Texas]

As a reminder, only those instruments listed on the CPL without an asterisk (*) are authorized for use in confirmation testing in the DOT alcohol testing program [see §40.231].

You can view the udpated CPL by downloading the attached PDF or visiting our home page http://www.dot.gov/ost/dapc/
The EC IR II requires a 1.5L sample; if you cannot provide it you are given a deficient sample and probably deemed a refusal. [PDF]
Description: Attached is a letter by Mac Forester that was written to NHTSA back when the new model specs were written that required a minimum of 1.1 liters. Mac's letter addresses that some people cannot provide that much breath for various reasons including some he lists. This letter should be available thru NHTSA if you need something "more official" than an email attachment.

Interesting in light of the fact that they are setting states up with 1.5L sample requirements. The EC IR II is sensitive to breath volume and stops the test if the volume is insufficient. The EC IR II requires a 1.5L sample; if you cannot provide it you are given a deficient sample and probably deemed a refusal.
The breath test machine is based on the concept that the deep lung air contains alcohol at a specific ratio to the alcohol in the blood. Whether that is correct or not is not important because the deep lung air is never present in the mouth to be tested. [PDF]
Description: Dr. Hlastala article "Padigm Shift for the Alcohol Breath Test" is published on pages 451-456 of the Journal of Forensic Sciences (Vol. 55, No. 2, March 2010. The alcohol breath test devices are based on the old model that assumes that end-exhaled breath alcohol concentration is closely related to alveolar alcohol concentration; a model that is no longer acceptable. The airway tissue interaction mkaes it impossible to deliver air with alveolar alcohol concentration to the mouth.
False Positive Breath Alcohol Test after Ketogenic Diet [PDF]
Description: Under certain circumstances acetone is reduced in the body to isopropaol by hepatic oxidation. This isopropanol registers as ethanol with fuel cell breath alcohol detectors. High protein diets can cause the production of isopropanol in patients. This isopropanol cannot be distinguished from ethanol by fuel cell devices like the EC/IR II.
Bob Keefer: Virginia breath test refusal due to deficient sample readings on the EC/IR II. [PDF]
Description: Deficient Sample -- Subject did not meet the minimum requirements for a proper breath sample.

Minimum Breath Sample and Flow Drop: When a breath sample is being provided, the requirements for minimum flow rate (0.2L/second, 12 L/minute) and minimum volume (1.5 litre) must be met prior to the sample being accepted.
The effects of common bacteria on the formation of alcohol in improperly stored blood sample. [PDF]
Description: Candida Albicans, a common bacteria eats glucose and excretes alcohol. This alcohol cannot be distinguished from alcohol that people drink.
Bob Keefer: Virginia DWI DUI and Drunk Driving Lawyer: The Science behind Breath Alcohol Testing. [PDF]
Description: Dr. Michael Hlastala: Physiological Laws of Alcohol Breath Testing.