Firm partner André Hakes, our Charlottesville DUI and traffic lawyer at Tucker Griffin Barnes P.C., protects your rights when you receive a ticket or are charged with drunk driving. A traffic citation does not have to mean high fines and increased insurance rates. And a drunken driving arrest does not have to ruin your life. André Hakes conducts a thorough investigation to see if the prosecution has made any mistakes, or can prove their case in court. She will negotiate a positive resolution for clients whenever possible, but will not hesitate to defend charges at trial.
What drunk driving indicators do police look for?
Police look for the following types of behaviors that may indicate a driver is intoxicated.
Is there anything I should not say or do during a DUI stop?
CHAPTER ONE: It is 11:00 p.m. and you are on your way back from dinner. You are pulled over for speeding, or a taillight out. The officer walks up to your car shining the flashlight in the backseat on the way past, looking for drugs, beer bottles, or anything else of interest. He asks: “Do you know why I stopped you?” WHAT TO DO: Don’t guess. Just say “Why?” and listen politely. Do not comment. You know that part where they say “Anything you say can and will be used against you in a court of law?” They mean it.
CHAPTER TWO: The officer asks you for your license and registration, then takes them back to his car. He’s running your information through dispatch or his computer to see what your record is. He comes back to the window and asks you “Have you had anything to drink tonight?” WHAT TO DO: Say “No” if that’s true. If not, say “I don’t want to make any statements.” This will be hard to do. It is human nature to cooperate, and show what a nice person you are. But if you tell the officer you have had anything at all to drink (even the ever-present “one beer”) that will give him evidence he can use to arrest you. If you refuse to give him that evidence, it may mean you don’t get arrested. If you are arrested anyway, it may mean the charge against you is dismissed because the arrest was unlawful.
CHAPTER THREE: The officer tells you “I need you to step out of the car for me and take a few field sobriety tests, just to be sure you’re OK to drive.” WHAT TO DO: Say “I don’t want to take any field sobriety tests.” Don’t refuse a direct order — that can land you a charge for obstruction of justice. However, make it clear you are not doing anything “voluntarily”. The officer isn’t really trying to “be sure you’re OK to drive” anyway. He’s trying to get more evidence to arrest you. Don’t give it to him.
CHAPTER FOUR: The officer asks you to take a “Preliminary Breath Test” (PBT). It’s a little hand-held apparatus about the size of a calculator. It is done right then and there, by the side of the road. The officer tells you he needs it to get an idea how much alcohol is in your blood, to see if you’re OK to drive home. He tells you clearly that the PBT can’t be used against you in court. WHAT TO DO: Just Say No. (Make Nancy proud). Once again, the officer is lying to you. It CAN be used against you in court. It can’t be used the same way the regular breath test at the station is used, but it is routinely used in court to show that the officer had enough to arrest you, (“probable cause”). Don’t give it to him. If he arrests you without enough evidence to do so, it doesn’t matter if he gets more evidence later on — the case will be dismissed anyway.
CHAPTER FIVE: The officer tells you that you are under arrest for DUI, handcuffs you, and puts you in the backseat of his cruiser. WHAT TO DO: Tell the officer again that you don’t want to make any statements, and tell him you want an attorney. Then shut up. Don’t volunteer anything or engage in small talk — he’ll use that as a window to get you chatting, then use what you say against you later. Give him name, address, social security number, date of birth type information, but nothing substantive.
CHAPTER SIX: The officer reads you a law called “Implied Consent” that says you have to take a breath test at the station. He asks if you will take the test. WHAT TO DO: This is complicated. The law says you must take the test. If you do take the test, the machine (much larger than the PBT, at the jail) will spit out a certificate saying what your blood alcohol content is. The number on that certificate, and the certificate itself, can be used to prove you were over the legal limit of .08. If you blow .15, it triggers a mandatory minimum 5 days in jail, and above a .20 will get you 10 days — more in some circumstances. So — blowing can send you to jail. BUT if you don’t blow, you may be charged with Refusal. A first offense refusal is not a crime — it’s a civil charge. However, it can cost you your license for 12 months, with no restricted license. Restricted licenses are routinely issued on low level and first offense DUIs. The law says you have to blow, so I’m sticking with that. However, it’s always good to know “what if”.
CHAPTER SEVEN: You hire an attorney. Your lawyer looks at the police reports, and watches the videotape from the officer’s dashboard camera. She is very impressed with the way you handled the stop, politely refusing to answer questions, and refusing the field tests and PBT. You go to court and just stand there next to her. You don’t testify. The judge throws out the case against you because even though you blew over the limit at the station, you didn’t admit to drinking, or take any tests before the arrest. Whatever caused you to be stopped in the first place, plus the “odor of alcohol” and “red glassy eyes” the officer testifies to be suspicious — but not enough to make out probable cause.
AND IF YOU’RE READING THIS THE MORNING AFTER …
It is still worth the fight. A DUI charge is serious, and will cost you thousands of dollars if you are convicted. There are exactly two, and only two, reasons you should ever plead guilty to a DUI:
OTHERWISE – you have nothing to lose. Judges typically give standard sentences in DUI cases, and will not punish you for trying your case. It’s your RIGHT. But you have to fight to win. And you need a good lawyer to do it.
Why should I bother challenging a traffic violation?
It may seem easier to plead guilty to a traffic violation than to hire an attorney and appear at a hearing. But a guilty plea can have long-term consequences, including points on your license that raise your insurance rates and result in lost driving privileges. You have the right to challenge traffic violations, including:
We can educate you on the phone about your charge, possible defenses, and potential consequences. Every case, court, and person is different. These are some situations where it may not be worth the cost to hire counsel. In other cases, an attorney can make all the difference. Tell us about your case, ask questions, get a fee quote, and when you have all the information, decide how you want to proceed.
What is your fee structure?
For most DUI and traffic charges we can quote a flat fee over the phone, before you ever come in to the office.
Charlottesville Divorce Attorney - What To Expect During Your First Family Law Consultation
Criminal Defense - Don't Ever, Ever Talk To The Police Without An Attorney Present
Protect yourself during Move-In or Move-Out of an Apartment
How do I find a good personal injury attorney?
Charlottesville Estate Planning Talk
Charlottesville Personal Injury - What Is My Case Worth?
""Bill Tucker and his team were the answer to my real estate prayers! After being transferred to another state .."" - Short Sales
""Yvonne Griffin represented me in an accident case that required many months of hands on attention .."" - Personal Injury
""Ms. Barnes, I cannot thank you and your staff enough for taking my case at was a very dark time for me .."" - Social Security Disability
""Lynn Bradley has been a force that has proven to be competent, professional and exceled at her work .."" - Worker's Compensation
""Ms. Hakes, Thank you so much. You don't know what a wonderful gift you just gave to me, my son's .."" - Criminal Defense
""When you first interview Laura Butler, it is apparent you are in the presence of a true professional in all .."" - Family Law
""Mr. Tucker, I cannot thank you enough for all your work. I wish everyone had your work ethic and attention .."" - Real Estate