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Fairfax, VA Police On The Look Out For DUI Offenders


Holidays Don’t Necessitate Alcohol Arrests, Says Fairfax DUI Lawyer



The Smith Firm, Fairfax DUI Lawyers, safe holiday celebrations

Holidays bring police trolling for DUI arrests, if not also public intoxication arrests. From Christmas to New Year’s day, alcohol flows particularly freely at company parties, home parties, restaurants, nightclubs and beyond.


Alcohol in moderation can be enjoyable, but that beer, wine and liquor also are widely misused and abused substances that when overused can bring out the worst in many people.


How To Avoid DUI Arrests

Few people will be convicted for DUI if they avoid driving a vehicle within twenty-four hours of consuming alcohol, and also waiting until the effects of any driving-affecting medicine have worn off. In this day and age of Uber, Lyft, hotels and Airbnb, it is easier than ever to refrain from getting behind the wheel when unsafe to do so.


Avoiding public intoxication convictions can take significant effort for drinkers who do not stay at home to drink, because such arrests can even be made for allegedly being drunk in a bar. Virginia’s Supreme Court long ago accepted the definition of intoxication that is also in the Virginia pattern criminal jury instructions: “‘Intoxicated’ means a condition in which a person has drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.” Va. Code § 4.1-100. Therefore, exceeding one drink per hour in public can be risky (defining one drink as a twelve-ounce beer, four-ounce wine, or one-ounce of liquor).





Reduce The Risk Of Conviction If Stopped For An Alleged Offense


Walk into the Fairfax County and other Virginia courthouses any day, and one will find DWI as among the most common jail-able prosecutions.


How does a DWI suspect and defendant reduce the risk of conviction? On the scene and beyond, this means knowing the benefits of remaining silent and refusing field sobriety tests and the voluntary handheld breath test (versus the mandatory post-arrest breath or blood test).


A DUI arrest necessitates obtaining a qualified lawyer who will obtain essential evidence, discovery and any incident video; and who will fully pursue all possibly beneficial defenses. With that lawyer, the DUI defendant can also address ways to reduce the risks of an adverse outcomes, including preparing for case negotiations and any possible sentencing in the event an acquittal or case dismissal is not accomplished.


Alcohol Can Be Enjoyed Without DUI Prosecutions


The winter holiday season can be enjoyed in so many ways, including enjoying alcohol in moderation. Following the tips in this article.

Fairfax DUI lawyers at The Smith Firm pursues your best defense against DUI, DWI, felony, misdemeanor & drug prosecutions. Contact us today to discuss your case.

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