Tuesday, March 4, 2014
Federal DUI Ticket In Virginia Lawyers Driving Influence
If you have been
charged with DUI / DWI which took place on a road owned by the Federal
government, National Park Service land, place on federally owned property,
including military bases or other government-owned lands or roads, such as the
GW Parkway and the Pentagon parking lot then you will be prosecuted in a
Federal court.
Under 36 CFR 4.23
Operating under the influence of alcohol or drugs
"(a) Operating or being in actual physical control
of a motor vehicle is prohibited while:
(1)
Under the influence of alcohol, or a drug, or drugs, or any combination
thereof, to a degree that renders the operator incapable of safe operation; or
(2)
The alcohol concentration in the operator's blood or breath is 0.08
grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of
alcohol per 210 liters of breath. Provided however, that if State law that
applies to operating a motor vehicle while under the influence of alcohol
establishes more restrictive limits of alcohol concentration in the operator's
blood or breath, those limits supersede the limits specified in this
paragraph."
Below is a sample
case of federal DUI in Virginia as interpreted by a lawyer in our firm.
Have you been
charged with federal DUI in Virginia and you are wondering what the penalty is
for federal DUI and need a lawyer to defend you?
Are you concerned
about the consequences of being charged with federal DUI in Virginia and you
are wondering what the penalty is for federal DUI?
For a lot of our
clients, a charge of federal DUI can result in the loss of their job, their
security clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of federal DUI
in Virginia.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Our law firm has
the necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Ronald v. United
States
Facts:
In a federal case
in violation of 36 CFR 4.23 the Defendant filed a motion to suppress the
results of a breathalyzer test after he was charged with driving while
intoxicated, driving while under the influence (DUI) of alcohol, driving while
under the influence of drugs or a combination of drugs and alcohol, driving on
a highway at a time when the defendant's privilege to drive was suspended, and
failing to display drivers license upon demand of a uniformed police officer.
If you are facing
a federal DUI case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Federal Court
made the following holding:
- It is clear that an
individual may be compelled to take a chemical test so long as there are
reasonable grounds to believe that the person was driving a motor vehicle
while under the influence of alcohol or drugs. Of course, unreasonable
physical violence in administering the test would likely not be sanctioned
and would likely invalidate the test.
- An operator of a
commercial vehicle is deemed to be driving under the influence of alcohol
if the individual's blood alcohol concentration level is at or above .04
percent.
- Driving while
intoxicated is defined as driving a motor vehicle when an individual's
normal judgment, perception, and/or coordination was substantially,
adversely affected; that is, made worse, to a significant degree by the
consumption of an alcoholic beverage, and has defined driving under the
influence of alcohol as driving a motor vehicle when an individual's
normal judgment, perception, and/or coordination was adversely affected;
that is, made worse to any extent by the consumption of an alcoholic
beverage.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Our law firm has
the necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Disclaimer:
These summaries are
provided by the SRIS Law Group. They
represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for
their authoritative content.
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