Call Firm NowPhone: 540-765-4142Fax: 540-473-1555
8166 Roanoke Road P.O. Box 529 Fincastle VA 24090 U.S.A. Botetourt Co. View Map

Traffic Law DUI/DWI

Breathalyzer versus Blood Tests in Drunk Driving Cases
The most frequently used test in drunk driving cases is the breath test, or Breathalyzer test. The breath test is used more frequently that urine or blood tests to test for the blood alcohol level because it is less intrusive and the apparatus is easily portable and convenient to use, even in the field. Because blood tests are universally relied upon as stronger evidence than breath tests, the prosecution will seek it whenever it can. In many states, a blood test may only be administered in cases involving death or serious bodily injury, or when the motorist required medical treatment and the administration of a breath or urine test was impractical or impossible. ¤Although a motorist may refuse this test, the refusal is usually admissible in evidence against the motorist at the administrative or judicial hearing. More...
Electronic Monitoring as Alternative Sentencing for DUI/DWI
Driving under the influence (DUI) or driving while intoxicated (DWI) can result in harsh penalties in the form of mandatory prison sentences and license suspensions. However, there are sentencing alternatives. One such alternative is electronic monitoring. More...
Consequences for Refusing to Submit to Blood Alcohol or Field Sobriety Tests
As chemical testing has evolved into a much relied on prosecution tool, ''implied consent'' laws have evolved to defeat the drunk driver's inclination to refuse to consent to such testing. An implied consent statute does not command that a person suspected of driving while intoxicated be forced to submit to a chemical test; rather, the person may refuse to take a chemical test of his or her blood, breath or urine, but if certain statutorily prescribed procedures are complied with, such a refusal does not go unpunished. More...
Enhanced Sentencing for OUI/OWI Offenses
The penalties imposed by states for operating while intoxicated (OWI) and operating under the influence (OUI) follow the same general pattern of penalties imposed by states enforcing laws for driving under the influence (DUI) and/or driving while intoxicated (DWI). Frequently, the sentencing provisions of the OWI/OUI laws impose greater penalties upon offenders who had prior OWI/OUI convictions, a prior related loss of license, or a "high" blood alcohol concentration (BAC). States vary in terms of the high-BAC threshold (which ranges from .15 to .20 percent), and the types, severity, and complexity of sanctions. More...
Impact of DUI/DWI Conviction on Obtaining Employment
Although most convictions from drunk driving are misdemeanors, any person convicted of drunk driving will have a criminal record. Drunk driving convictions can affect your ability to obtain or continue your employment. The majority of employers will run a background check on you and discover that you have been convicted of a drunk driving offense. For many employers, this will automatically disqualify you from employment. More...

Office Hours

Monday08:05 AM - 05:00 PMTuesday08:00 AM - 05:00 PMWednesday08:00 AM - 05:00 PMThursday08:00 AM - 05:00 PMFriday08:00 AM - 05:00 PM

Areas Of Practice

  • Civil Practice
  • Criminal Defense
  • Criminal Law
  • Domestic Relations
  • Entertainment Law
More

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Spigle, Roe, Massey & Clay website is powered by LexisNexis® Martindale-Hubbell®. || Sitemap