The Virginia General Assembly has moved closer to strengthening the state's already tough DUI punishments by requiring ignition interlock for all first time offenders. As a Virginia DUI attorney, I have reservations about this proposed amendment. My reservation is not that I believe the punishment is too harsh or draconian. Rather, I believe that this new requirement creates a logistical and bureaucratic nightmare.

First, Virginia must find a reliable source for purchasing an inordinate number of additional ignition interlock devices. While new suppliers are quickly becoming available online, there must be enough devices distributed to the various jurisdictions to meet the demand that the new law will create. This will be a financial boom for the company or companies that gain this contract. Most laws passed in this session of the General Assembly will take effect on July 1, 2012. It is difficult to imagine that orders could be placed, quality assurance tests could be performed, and devices could be distributed prior to that date.

Second, a mandatory ignition interlock program requires oversight. Currently, the local Alcohol Safety Action Program (ASAP) offices are involved in the installation, maintenance and monitoring of these devices, as well as other requirements for DUI offenders, including education, testing, and treatment monitoring. Thus, to place every DUI offender within the realm of the ASAP office for significantly more attention than the statutory ten (10) week education class creates a lot of additional work for ASAP. New employees will have to be hired and trained, facilities may have to be expanded, and all of that takes time and money. Fees generated by the rental of the ignition interlock devices by offenders will likely offset many of these costs, but office space and training are upfront costs that will be passed on to the taxpayer initially.

Third, the ignition interlock device itself is a very sensitive piece of machinery. It detects alcohol from your breath and gives a reading, which is then reported both to the ignition system (allowing or preventing start-up) and to the monitoring center at ASAP. Most manufacturers recommended that the devices be returned for calibration at least every sixty (60) days. Calibration requires technicians, both those trained on the devices and those trained on the computer reporting systems. The current number of technicians must greatly increase in a short time to cover this gap. Failure to calibrate can lead to false positive tests or violations for letting the machine lapse. This creates another mandatory trip for the offender to his local ASAP office, and another opportunity for a violation.

Fourth, ignition interlock devices are not perfect. The current proposed law is less stringent than the aggravated DUI requirement of all vehicles registered to the offender or driven by the offender. Ignition interlock devices cannot tell the difference between consumed alcohol and internally created alcohol, as may be the by-product of body processes commonly found in diabetics, dieters, or those on certain prescription medications. Alerts by the system typically are reported immediately to law enforcement, who respond to the location of the alleged violation. Thus, in attempting to thwart drunk driving offenses, the punishment phase could put an additional strain on law enforcement's limited resources. Finally, in this area of increased fiscal scrutiny, I do not believe that this is the proper balance of limited resources and concern for the public safety. While numerous probation officers, ASAP personnel, and even repeat offenders have told me over the years that a more strict first offense punishment would have been a greater deterrent, I have serious doubts about whether the current incarnation of this proposed law accomplishes that goal.

This blog post is written by Virginia criminal defense attorney Thomas Soldan. He has offices in Leesburg and Warrenton, where he assists clients facing DUI, criminal, and reckless driving charges. Mr. Soldan is also aVirginia car accident attorney, heads our Virginia personal injury practice, and is President of the Fauquier County Bar Association.

This New Year's Eve the Safe Ride Program once again is providing would-be drunk drivers with free cab fare throughout the weekend. This large scale effort to reduce drunk driving fatalities provided by the Washington Regional Alcohol Program is in its 18th year. Last New Year's Eve the program provided about 1,000 free taxis within the greater DC area.

By calling 1-800-200-TAXI, drunken party-goers can get a free ride home up to a value of $30. The ride must originate in the District of Columbia; Arlington, Fairfax, Prince William and Eastern Loudoun Counties in Virginia; and the Cities of Alexandria, Falls Church, Fairfax, Manassas and Manassas Park.

Service hours are between 10:00 pm and 6:00 am and the program runs tonight the 30th and tomorrow night, New Year's Eve. A few things to remember:

• You cannot reserve ahead or call to schedule a pickup in advance; the call must originate during program hours and will be dispatched as soon as a taxi is available,


• You must pay any fare amount in excess of $30,


• The free ride does not include tip and you should remember to tip your driver in relation to the total fare amount, and


• You must be 21 or older to ride with the service

.
Participating taxi companies include: Alexandria Yellow Cab (Alexandria), Fairfax Yellow Cab (Fairfax County), Loudoun Yellow Cab (Eastern Loudoun County), Manassas Cab Company (Prince William County), Red Top Cab Company (Arlington County), Yellow Cab of District of Columbia (District of Columbia), and Yellow Cab of Prince William County (Prince William County). When waiting for your ride, watch for a taxi from a participating company from your area.

This weekend the streets will be flooded with police officers looking for drunk drivers. Protect yourself and your passengers from a Maryland DUI by planning appropriate transportation. Have a designated driver or take public transport or hire a car; but if none of those options are available, Safe Ride is. Have a safe and happy New Year and call 1-800-200-TAXI to avoid risking DUI.

Law clerk Rosie Brown wrote this blog post. Price Benowitz LLP is a DC based law firm handling criminal defense, immigration, and personal injury cases. For more information about the firms expanding personal injury practice, please visit the Virginia Accident Lawyer and Maryland Accident Attorney websites.

The Virginia Criminal Practice group of Price Benowitz LLP is excited to announce that founding partner, David Benowitz, was elected to two committees. David will be serving on the Courts, Lawyers and the Administration of Justice committee and the Criminal Law and Individual Rights committee.

This article is presented by Price Benowitz LLP, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer, Washington DC DUI Attorney and Virginia personal injury websites.

The driver who pleaded guilty to involuntary manslaughter and maiming while driving intoxicated, has been sentenced to two years in jail. The accident left the driver's friend dead and DC United soccer player Charlie Davies injured. You can read the story here. You can also see our blog post from when the woman pleaded guilty back in November.

This article is presented by Price Benowitz LLP, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer, Washington DC DUI Attorney and Virginia personal injury websites.

A Virginia Beach man who pled guilty to several counts related to driving while intoxicated following the April 2009 death of a pedestrian has been sentenced to nearly five years in prison. Twenty-six-year-old Brandon Meck testified that he had no recollection of the incident that lead to the death of fifty-seven-year-old David Lucas at the intersection of Virginia Beach Boulevard and North Great Neck Road last year.

Meck said he recalled consuming an alcoholic energy drink and splitting a pitcher of beer during a game of pool with friends at a Virginia Beach bar on the evening of April 23rd, 2009. He also recounted being pulled from his vehicle, a Nissan Xterra, following the fatal incident. But at his sentencing in Circuit Court on November 30th, Meck was unable to describe the events leading up to or the accident in which Lucas was struck and killed.

Meck's Virginia DUI lawyer described the fatal collision as a "terrible mistake," but not a pattern of behavior for his client:

"I'm asking you to look at the big picture. Mr. Meck is a good kid. He made a terrible mistake."

Deputy Commonwealth's Attorney Patrick Connolly said Lucas' family did not want to see the young man in prison for the remainder of his life, but acknowledged the gravity of the consequences of Meck's actions:

"The victim is gone. A father is gone. A brother. Due to this man's actions. We can't just forget those things," Connolly said.

Meck is said to have had a blood alcohol level of 0.20, twice Virginia's legal limit for a DUI. At a hearing in July of 2010, Meck pled guilty to aggravated manslaughter, drunken driving and eluding police. He was sentenced by Judge Frederick Lowe to four and a half years in prison under the terms of a plea agreement, the maximum allowable by law.
Prior to his sentencing, Meck expressed remorse in court:

"I'm sorry to my family and to Mr. Lucas family. I wish this never happened."

This article is presented by Price Benowitz LLP, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer, Washington DC DUI Attorney and Virginia personal injury websites.

On November 16th, Maria Espinoza pled guilty in federal court in Alexandria to Virginia DUI charges and involuntary manslaughter after an October 2009 car wreck that killed twenty-two-year-old Ashley Roberta and injured US national soccer team player Charlie Davies, preventing him from playing in the World Cup. Twenty-three-year-old Espinoza of Clarksville, Maryland was said to have a blood alcohol content of 0.13 when she crashed into a bridge abutment on the George Washington Parkway in Virginia so violently that the vehicle was torn in two.

Prosecutors in the case said that Espinoza, who was treated for minor injuries following the fatal accident, was speeding, driving while intoxicated and distracted by a GPS device she was attempting to operate when the crash occurred at around 2 a.m. on October 13th. According to the U.S. Attorney's Office, Espinoza was driving on the George Washington Parkway in northern Virginia at about 2 a.m. when the SUV went off the road at a high rate of speed, killing Roberta and injuring Davies. Davies was in DC preparing for a World Cup qualifier when he met the women at a bar that evening, and they offered him a drive back to his hotel. He suffered several broken bones in his right leg, elbow and face, as well as a lacerated bladder. Davies required several months of rehabilitation and surgery following the accident.

Roberta's mother Jan spoke to press about her reaction the night her daughter was killed. She said:

"It's devastated our family... Maria Espinoza got out with maybe a scratch, but that was it, and my daughter lost her life."

"When I heard about the accident, I remember just screaming and screaming for hours, and I remember just calling my doctor and saying, 'Please meet me at GBMC. Take my heart, take my vital organs -- anything to keep my daughter alive."

The maximum sentence Espinoza could receive under sentencing guidelines is eight years for involuntary manslaughter and five years for the DUI charge. She is set to be sentenced on February 18th, 2011.

This article is presented by Price Benowitz LLP, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer, Washington DC DUI Attorney and Virginia personal injury websites.

Forty-five year old Christopher D. Dockiewicz was ordered to serve a maximum sentence this week by Judge Hanson for an accident that killed two travelers, a married couple visiting from England. Dockiewicz admitted driving drunk and pled guilty to aggravated involuntary manslaughter and DUI back in August. He was sentenced to a total of fifteen years for both charges in a plea agreement arranged between Commonwealth Attorneys and Dockiewicz's Virginia DUI lawyer.

The accident occurred on the afternoon of January 19th as Anthony and Mary Jean Tonking were leaving the park. Their car was struck by Dockiewicz who was reportedly driving in excess of 77 to 100 miles per hour in his BMW. The vehicles collided head-on. Mary Jean died at the scene and her husband died later, after being transported to the hospital. The couple had been in the United States visiting their daughter and grandchildren. They were scheduled to return home soon. According to friends and family, the couple often spent winters in Virginia with family.

Police reports state that Dockiewicz lost control as he rounded a curve at his high rate of speed. It was then that he crossed the center line and collided with the couple. He had previously been seen passing other vehicles and speeding according to witnesses. He told police he was en route to get his son from school at the time of the accident. Police reported Dockiewicz blood alcohol level was between .13 and .16 at the time of the crash. The legal limit in Virginia is .08. A forensic expert was reportedly ready to testify regarding Mr. Dockiewicz's blood alcohol content had the case gone to trial.

Judge Hanson said this was the most horrendous drunk driving case he had seen in more than 25 years and hoped that the long sentence would serve as a deterrent to others who consider drunk driving. Typically involuntary manslaughter carries a maximum sentence of 10 years.

This article is presented by Price Benowitz LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DWI Lawyer and DC DWI Lawyer websites.

Both the woman who is charged with allegedly maiming a Virginia Department of Transportation Worker while driving drunk and the VDOT worker injured in the crash testified September 30th about the nearly fatal collision. Twenty-two-year-old Vitalija Vasciunaite's Virginia DUI Lawyer says her client is charged with felony hit-and-run and felony maiming-while-intoxicated following the crash on July 17th this year that severely injured Jose Martinez-Quinteros.

Vasciunaite cried as Martinez-Quinteros, who now relies on a walker after suffering a broken arm, leg and facial injuries in the crash, testified about the night of the crash in court:
"It happened so suddenly," the Spanish-speaking Martinez-Quinteros said through a translator. "I heard two of the cones being hit, and I looked up and saw the lights, and then it hit me. It actually threw me 20 feet."

Another individual who was driving on I-64 the night of the crash testified that she had attempted to warn law enforcement officials of a person driving erratically prior to the accident. Dara Cole, of Stuart Draft, said in court that she twice called 911 to report Vasciuniate's "dark Buick" that night but lost sight of the vehicle near the site of the crash:
"It was obvious to me that the vehicle was driving erratically, and I wasn't going to take a chance going around it," said Cole, testifying that she dialed 911 on both sides of the mountain before losing sight of the vehicle as it sped up in the vicinity of the rest area about a mile past the collision site.

Senior State Trooper Thomas Skehan located the Buick at the home of Miller School employee Carl Stout. Stout, who had been unable to sleep the evening of the incident, was sitting outside at a small table when Vasciuniate returned after the crash. Stout testified that he did not associate Vasciuniate's odd behavior with the crash reported earlier in the evening until he noticed significant damage to the Buick. Stout's ex-wife called to tell him police were looking for the vehicle, and he reported the incident.

Trooper Skehan said Vasciuniate denied any incidents that evening while driving, but later admitted to hitting "something" with the vehicle:

"Then she changed her story," says Skehan, "and said, 'I know I hit something. Was it in the area of the work zone?'"

Skehan informed her that it was a human.

"She said, 'Oh, my god-- I didn't know I hit someone.'"

Trooper Skehan administered a Breathalyzer test five hours after the crash to Vasciuniate, and she reportedly blew .15, twice the legal limit, on that test. Vasciuniate's hit-and-run charge was certified to the grand jury for December 6 of this year, and her Virginia DUI charge will also be reviewed.

This article is presented by Price Benowitz LLP, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer, Washington DC DUI Attorney and Virginia personal injury websites.

Prince William County police say they have arrested a 34-year-old Woodbridge man following multiple alleged sexual assaults against a 10-year-old girl. Leonel Vega-Perez was apprehended on August 8th at his home on Delmar Drive in Woodbridge, and he remains jailed in Prince William County. It is unclear whether Vega-Perez has been assigned or has retained a Virginia criminal lawyer to face the multiple felonies with which he is charged.

Jonathan Perok, a spokesman for Prince William County police, say that Vega-Perez knew the alleged victim's family, but did not elaborate on the man's relationship to the child. Relatives of the child reported several incidents that are said to have occurred between July 1st and August 8th at locations in Prince William County and Manassas Park. Police in both jurisdictions have launched a joint investigation to determine the facts of the case.

Vega-Perez is charged with three counts each of rape and object penetration, and two additional counts of aggravated sexual battery. He is being held without bond at the Prince William-Manassas regional jail. Upon examining Vega-Perez's immigration status, police also determined that he was in the United States illegally at the time of the incidents. Jail officials have contacted Immigration and Customs Enforcement regarding his status.

The case against Vega-Perez is the second high-profile crime involving an undocumented immigrant to make headlines in Virginia since the beginning of August. Earlier this month, 23-year-old Carlos Martinelly-Montano was charged in relation to the DUI crash that resulted in the death of 66-year-old Benedictine Sister Denise Mosier. Two other women from Sister Mosier's order were injured in the August 2nd collision, and the incident has sparked widespread outcry due to Martinelly-Montano's immigration status.

This article is presented by The Law Office of Price Benowitz, LLP, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland Criminal Defense Lawyer and DC Criminal Defense Lawyer websites.

A Prince William County's prosecutor is seeking to upgrade charges against an illegal Bolivian immigrant after a fatal DUI crash, and Commonwealth's Attorney Paul Ebert has stated to press that he is more interested in seeing the suspect prosecuted for the crime than deporting the man. Ebert intends to ask a grand jury to upgrade charges against 23-year-old Carlos Martinelly Montano to felony murder, which carries a possible sentence of 40 years behind bars.

Montano was arraigned August 4th on charges of involuntary manslaughter and driving on a revoked license .Montano emigrated to California from his native Bolivia as a nine-year-old, and Ebert commented:

"I've decided I'm not interested in a criminal's immigration status. If he commits the crime here, then he has to pull the time here."

Since 2006, Montano has been convicted twice of DUI, as well as various other moving violations. Following his previous convictions, officials in Prince William county officials notified U.S. Immigration and Customs Enforcement of the arrests. As Montano was not marked as a violent offender, ICE officials indicate that deportation proceedings were not "fast tracked." Officials expressed frustration at the ICE's failure to prevent the tragic accident Sunday morning resulting in the death of Sister Denise Mosier and injury to two other nuns with whom she was traveling.

Corey Stewart, chairman of Prince William County's Board of Supervisors, said:

"We handed him over to the feds assuming he would be deported, but instead federal authorities released him back into the neighborhood and he killed a nun. We feel like we are beating our heads against the wall."

It is unclear whether Montano has been assigned or retained a Virginia DUI lawyer to face the charges against him. He is scheduled to appear in court on October 13th, and is currently being held in Prince William-Manassas regional jail without bond.

This article is presented by The Law Office of Price Benowitz, LLP, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland Criminal Lawyer and DC Criminal Lawyer websites.

A woman who lost her job as a sheriff's deputy in Virginia Beach after a January 2009 arrest for driving under the influence has been sentenced to six years in prison after a subsequent DUI collision just two months later. Twenty-four year-old Lisa Marie Schettler, of Virginia Beach, is said to have been intoxicated when she collided head-on into a car carrying Donald and Elaine Gay in March 2009.

Schettler registered a BAC (blood alcohol content) of 0.44 on the night of the collision and maintains that she has no recollection of the events leading up to the accident or the incident itself. Schettler collided with a Ford Flex carrying the Gays after her vehicle crossed a double yellow line on March 9th of last year. Both Schettler and the couple were injured in the accident on Birdneck Road in Virginia Beach.

Judge Edward W. Hanson, who handed down Schettler's sentence, commented on the incident leading to the former law enforcement official's arrest:

"This is a tragic case. Such reckless disregard for others demands serious punishment."

Schettler pled guilty to one count each of "driving reckless under the influence where the victim was permanently impaired" and "DUI second conviction within five years." Judge Hanson sentenced her to five years for the DUI and an additional year for the second offense charge. A year and a half of the sentence was suspended pending supervised probation and ten years of good behavior, and Schettler's license was revoked. A DUI arrest is a serious charge carrying long-term consequences. Especially in circumstances where a previous DUI charge has occurred, finding an experienced Virginia DUI lawyer can help procure the most favorable outcome for your case.

This article is presented by The Law Office of Price Benowitz, LLP, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer and DC Criminal Lawyer websites.

A two-year-old boy has died and his father is under arrest for driving under the influence after a single car crash on McCann Road in Washington County, Virginia. Twenty-six-year-old Philip Derek Watson was driving his 1993 Toyota Tacoma on State Route 788 in Damascus on July 15th when the vehicle veered off the left-hand side of the road and struck a culvert, flipping over and sliding on its roof. The car then collided with a mailbox and a tree.

Watson's toddler, Philip Ethan Watson, was strapped into a car seat at the time of the crash, but nonetheless died at the scene. The elder Watson, who was wearing a seatbelt, refused medical treatment despite having suffered "minor injuries." Watson was released from the Southwest Virginia Regional Jail on bond, and Virginia State police say the circumstances of the incident are under investigation and that further charges are pending.

The spot where the fatal crash occurred just before 2am that Thursday is already marked with a white cross from a previous fatal crash in the same location. The owner of the property where the cross was erected, Steve Lovins, commented on the stretch of road where a 16-year-old girl lost her life in a similar crash:

"It's 45 mph, but it might as well be 60," he said of the road. "I hate to see it happen, but I know they're going to."

Family and friends gathered at the Watson residence after the tragedy, and a woman present at the home would comment only to say that the incident was "devastating to everyone." Washington County Commonwealth's Attorney Dennis Godfrey told press that his office was still "fact gathering" to determine the circumstances surrounding the crash, and charges against Watson could be "enhanced." It is currently unclear whether Watson has been appointed or has retained a Virginia DUI attorney to face the charges against him.

According to Lovins, residents on McCann road are still "shaken" by the incident.

"It's a tragedy," Lovins said. "See all they can do, babies, is depend on you. They don't have any say in what happens to them. And look what happened to his one."

This article is presented by The Law Office of Price Benowitz, LLP, serving Virginia, Maryland and Washington DC. For more information, please visit our Maryland DUI Lawyer and DC Criminal Lawyer websites.

A busy Virginia DUI attorney is aware of the trepidation some clients feel when appearing in court to face charges of DUI (driving under the influence) or DWI (driving while intoxicated.). During a recent plea hearing in Augusta County, a man charged with driving under the influence was jailed and his bond revoked after the defendant was found to have a blood-alcohol level of 0.25 at his court appearance.

Sean A. Stanton, 34, planned to plead guilty at the June 16th hearing, according to his Virginia DUI lawyer. Stanton's lawyer explained that his client was "trying to calm his nerves" and believed he was "going to jail (that day)" after a probation officer smelled alcohol on him and a bailiff measured the man's blood alcohol content at three times the legal limit to drive in the state of Virginia.

Augusta County Judge Jay T. Swett ordered Stanton be incarcerated at Middle River Regional Jail in Verona and revoked the man's bond. Judge Swett addressed the defendant before he continued with the plea hearing:

"It was brought to the court's attention that you may be inebriated, that you're intoxicated," Swett said.

Stanton shrugged. "You can go on."

Stanton was charged following an accident on May 30th, 2009. State police say the defendant drove his 1997 Toyota Tacoma into three motorcycles, one with two passengers, on Route 250 in Deerfield. Stanton and the four motorcyclists were injured. He was charged with three counts of assault and maiming while driving under the influence and a single count of driving under the influence.

While awaiting trial or acceptance of a plea in a DUI case, it is important to be aware of the conditions of bail. An experienced Virginia DUI lawyer can advise you as to which circumstances or actions might cause bail to be revoked.

This article is presented by The Law Offices of Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Washington DC DUI Attorney and Maryland DUI Lawyer websites.

A busy Virginia DUI attorney can tell you that the statistics surrounding subsequent DUI convictions for prior offenders are sobering. Nearly six out of ten people convicted of DUI have a prior conviction on their record, and a recent hit-and-run DUI case in Henrico County appears to bear this out.

Meta Darlene Hall, 48, will be tried in September on charges related to a May 19th incident during which she allegedly struck a construction worker in a work zone on I-95. Hall is said to have fled the scene and later stated that she believed she had struck a cone with her car.

Hall was present at a preliminary hearing at Henrico General District Court on June 21st, at which the construction worker, 27-year-old Brian Fitzgerald, described the effects the incident has had on his life. Fitzgerald said he was "in shock" and had "passed out" after Hall allegedly struck him with her vehicle, and that he suffered a wrist injury that may be permanent. The worker remains in a cast more than a month after the incident, and he told the court that he will soon undergo a second operation on his wrist. A second witness, Dwayne Sampson, reported being "stunned" when Hall reportedly left the scene after pausing momentarily when Fitzgerald was hit. Sampson stated in court that he then called 911 and followed Hall for approximately eight miles to ensure police were able to locate her.

After the preliminary hearing, Hall's Virginia DUI lawyer said that the defendant is "the face of alcoholism" and that she requires "treatment for this terrible disease." Hall's attorney also described her client's interrupted sobriety as she fell on hard times after battling alcoholism for a period, stating:

"She lost her job, a relationship she had ended, and that night her hopes to meet another man ended when he didn't show up for a meeting."

Judge Archer Yeatts III agreed to certify a felony hit-and-run charge to a grand jury, setting a tentative trial date for September 2nd. Deputy Henrico Commonwealth's Attorney Michael Huberman indicated that a maiming charge may also be sought due to Fitzgerald's injuries, and that alcohol-related charges are pending due to a delay in receiving test results. Court records indicate that Hall had been convicted for a third DUI in 2005, but managed to restore her license in April of 2010. Cases such as Hall's require a Virginia DUI lawyer to ensure the defendant's rights are protected and all information beneficial to the defendant is presented to the court.

This article is presented by The Law Offices of Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DUI Attorneys and Washington DC DUI Lawyers websites.

Earlier this year, it was reported that some of the Intoxilyzer machines used to measure a person's blood alcohol concentration by the Metropolitan Police Department had been either incorrectly calibrated or were not giving accurate results. Since the fall of 2008, nearly 400 people have been charged with driving-alcohol related offenses based on these inaccurate results. Over half of these people served jail time for the mistake. Though some believe the results of a breath alcohol exam to be infallible evidence, Virginia DUI attorneys are aware of the importance of other forms of evidence against someone in a Virginia DUI or DWI.

Early reports found that at least eight of the ten Intoxilyzer machines used by the DC Metropolitan Police Department were defective, but a recent investigation into the matter deemed all ten of the machines to be inaccurate. The equipment was so badly calibrated that it would show a driver's BAC to be up to 20% higher than it actually was. Although acknowledgement of the problem is a starting point for the Metropolitan Police Department, there are still many people who served unnecessary jail sentences, paid heavy fines, lost driving privileges, and sacrificed greatly as a result of these inaccuracies. The DC Attorney General's office has begun notifying those drivers affected by this mistake, which has led to at least one lawsuit against the District of Columbia. In a recent press release, DC DUI Attorney Price Benowitz, LLP expresses his lack of confidence in the Attorney General's willingness to face the enormity of the issue.

There are many tests that an officer can use to determine if a person has been driving under the influence of alcohol or while intoxicated aside from the breath alcohol exams. Many times, a police officer uses the Horizontal Gaze Nystagmus test, which follows the driver's eye movement, the One-Legged Stand and the Walk and Turn, which determine if a person's balance and ability to follow directions have been impaired. These tests are not always accurate themselves since they may be difficult to perform regardless of one's intoxication level or a police officer may inaccurately determine a person's impairment due to human error. It is the responsibility of a Virginia DUI Lawyer to ensure that a driver charged with a DUI or DWI is treated fairly and judged on accurate evidence.

This article is presented by The Law Offices of Price Benowitz, LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland DWI Attorneys and Washington DC DWI Lawyers websites.