Woodstock Shenandoah County DWI DUI & Drunk Driving Lawyer: 28 Years Experience: Bob Keefer
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 Woodstock 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 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: Woodstock Shenandoah County Virginia VA DWI DUI & Drunk Driving Lawyer representing those charged with DWI DUI & Drunk Driving in Woodstock Virginia VA
Library for Bob Keefer: Woodstock Shenandoah County Virginia VA DWI DUI & Drunk Driving Lawyer representing those charged with DWI DUI & Drunk Driving in Woodstock Virginia VA:
- ISP and NHTSA ECIR II Suitability Evaluation Records [PDF]
ISP and NHTSA ECIR II Suitability Evaluation Records - 47 Types of Nystagmus -- what does the HGN test really show? [PDF]
47 Types of Nystagmus -- what does the HGN test really show? - 1995 Colorado SFST Validation Study [PDF]
1995 Colorado SFST Validation Study - Advanced Instructor Roadside Impaired Driving Enforcement ARIDE Instructor Manual 2008 [PDF]
Advanced Instructor Roadside Impaired Driving Enforcement ARIDE Instructor Manual 2008 - Anderson--Collection and Storage of Specimens [PDF]
Anderson--Collection and Storage of Specimens - Draegar Supervisors Manual 9510 [PDF]
Draegar Supervisors Manual 9510 - Ethanol Elimination in Males and Females, Relationship to Menstrual Cycle and Body Composition [PDF]
Ethanol Elimination in Males and Females, Relationship to Menstrual Cycle and Body Composition - Hoque R Chesson AL Jr - J Clin Sleep Med5471-62009 - Zolpidem-induced sleepwalking sleep driving [PDF]
Hoque R Chesson AL Jr - J Clin Sleep Med5471-62009 - Zolpidem-induced sleepwalking sleep driving - Model Specifications for Evidential Breath Alcohol Testing Devices [PDF]
Model Specifications for Evidential Breath Alcohol Testing Devices - The Chemical Basis of the Breathalyzer [PDF]
The Chemical Basis of the Breathalyzer - The Relationship Between Saccadic and Smooth Tracking Eye Movement [PDF]
The Relationship Between Saccadic and Smooth Tracking Eye Movement - WOMEN, ALCOHOL AND THE MENSTRUAL CYCLE Gill 1997 [PDF]
WOMEN, ALCOHOL AND THE MENSTRUAL CYCLE Gill 1997 - ARIDE Student Manual 2008 [PDF]
ARIDE Student Manual 2008 - One anatomical feature, lung size, depends on body size, age, gender and ethnicity. The breath alcohol test is biased against persons with smaller lung sizes. [PDF]
Lung size and breathing patterns have a significant impact on alcohol breath testing. A bias exists against subjects with smaller lung sizes. Subjects with smaller lung sizes include women, older individuals and African Americans. Article by Michael P. Hlastala and Joseph C. Anderson. Everything being equal including blood alcohol content (BAC), the subject with the smallest lungs would have the highest breath alcohol content (BrAC). - NHTSA compares driving under the influence of drugs laws in the various states as part of its plan to errect arbitrary standards to find impairment where none exists. [PDF]
NHTSA is back up to its old tricks of drumming up business. NHTSA now wants to put in arbitrary and scientifically baseless standards to convict drivers of driving under the influence of drugs for prescription medications. NHTSA's goal is to boldly go and find impairment where none exists. - Absorption, Distribution and Elimination of Alcohol: Highway Safety Aspects by Kurt M. Dubowski [PDF]
Retrograde extrapolation is markedly inappropriate or useless without a great deal of basic information. - Breath test result is falsely increased due to dentures in mouth [PDF]
Breath test result is falsely increased due to dentures in mouth
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Web Resources for Bob Keefer: Woodstock Shenandoah County Virginia VA DWI DUI & Drunk Driving Lawyer representing those charged with DWI DUI & Drunk Driving in Woodstock Virginia VA:
- Virginia to Diabetics: We do not care.
Description: Virginia's new breath tester cannot tell the difference between a diabetic and a drunk. The Manufacturer told Virginia that the new tester cannot distinguish between drinking alcohol and the alcohol that diabetics form during certain phases of the illness.
Virginia quietly told the Manufacturer not to worry about that defect while telling the machine operators, the Judges and the prosecutors that the machine could distinguish those alcohols.
It is wrong to convict some of DWI when their only offense is being a diabetic.
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