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DWI-directed Patrols in Fairfax County, Virginia

By James Parrish

Republish: EasyPublish™ Published: 15Mar2010 Word count: 410 Viewed: 232 time(s) Get Free Content For Your Site

Fairfax County conducted DWI patrols on Thursday, February 4 from 11 p.m. until about 3 a.m. Friday. Instead of setting up one DWI checkpoint, five officers patrolled the Sully police district, intent on apprehending drivers impaired by alcohol or drugs.

The results? Officers stopped about 29 drivers. They made two DWI arrests, and issued ten summonses for other traffic offenses.

When compared with overall Virginia statistics, Fairfax County has a low rate of fatal accidents caused by drunk drivers.

While Fairfax County has a history of announcing sobriety checkpoint locations, you can’t count on this as a failsafe. Officers may pull over a vehicle for a number of other offenses at any time.

If you are charged with a count of driving while intoxicated or driving under the influence of alcohol, and experienced attorney can make a difference.

In Virginia, the prosecutor must prove four things in order to convict a defendant of a DWI or DUI.

1. That you were actually the person operating the motor vehicle. They can not just assume you were driving the car and ask members of the Court to do the same.

2. You were pulled over by the police for a constitutionally valid reason. The prosecutor must prove that the officer who pulled you over reasonably believed that you were in violation of the law.

3. The authorities had probably cause to arrest you for Driving While Intoxicated or Driving Under the Influence. If the prosecutor can not prove this, the Court must dismiss the case.

4. At the time you were driving or otherwise operating the vehicle, you had a blood alcohol concentration of at least .08, or that you were under the influence of another controlled substance.

Even if you are pulled over for a minor traffic violation, the authorities may ask you to take a field sobriety test if they suspect you have been drinking.

Do you have the right to refuse? You do, of course, have the right to refuse to take a field sobriety test. However, it is more likely that you will be arrested should you refuse to take the test.

In the event that you are arrested on the charge of Driving While Intoxicated or Driving Under the Influence, contact an experienced attorney as soon as possible.

Your attorney will review the facts of the case to determine if the prosecutor has a case. An experienced attorney will apply the pressure to the prosecutor when it comes to their burden of proof.

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