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If you have been arrested for a dui, dwi, traffic or criminal offense, contact Michael I. Rieger today.

Call Michael Rieger at 703.352.1400 today

 

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FAQ's

Here are just a few frequently asked legal questions. 

For your specific needs, please call 703-352-1400 to schedule a free 30 minute consultation with Michael I. Rieger.

Q. Do I need a lawyer?

A. If your case involves a possibility of imprisonment, loss of license privileges, or a large fine, an attorney is absolutely necessary to protect you and your interests. A qualified attorney can assist you in all stages of your criminal or traffic defense. A lawyer can help you decide whether to plead guilty or not guilty, prepare you and all necessary witnesses, investigate all facts about your case, and help you decide how to best proceed. Whether your plea is guilty or not guilty, an attorney can decide how best to defend your case, put all appropriate facts into evidence, possibly work out an agreement with the prosecutor, and ensure that all relevant circumstances are presented to the judge for maximum benefit to your case.

Q. What are my rights in court?

A. First and foremost, you have the right to an attorney of your own choosing in every type of criminal or traffic case. If you cannot afford an attorney, and are charged with a crime that may include time in jail, the judge may agree to appoint an attorney for you if you fall within the state financial guidelines. You have the right to plead not guilty in all types of criminal or traffic cases. The burden of proving you guilty is on the Commonwealth Attorney (Prosecutor), except in certain types of Driving While Intoxicated cases. You have numerous other legal rights that a qualified attorney can explain in detail.

Q. Is there a difference between driving while intoxicated and driving under the influence of alcohol?

A. No. Virginia only has one type of offense for drunk driving, regardless of the breath test results or driving behavior.

Q. What are the penalties for being found guilty of driving while intoxicated (DWI)?

A. We have provided a chart here for you to reference. The penalties are more serious if there is a previous offense of drunk driving. However, the prosecution must always prove that the accused is guilty of Driving While Intoxicated and, if applicable, must also prove that there was a previous offense.

Q. What do the blood or breath test results mean?

A. If the results of the tests are ruled admissible into evidence, Virginia law states that the following rebuttable presumptions are raised:
.00-.05: It shall be presumed that the accused was not under the influence of intoxicants.
.05-.08: There is no presumption, but this fact may be considered along with other evidence.
.08 or higher: It shall be presumed that the accused was under the influence of intoxicants.

Q. What happens if I refuse to take the blood or breath test?

A. You may be charged with refusal, which carries a twelve month license suspension.

Q. What is the Alcohol Safety Action Program (ASAP)?

A. ASAP is a statewide alcohol program designed solely for those individuals convicted of DUI / DWI. Through education and counseling, the program offers the opportunity for each participant to learn about drinking and driving, and make whatever changes are necessary to avoid the circumstances which led to the DUI / DWI arrest.

 

 

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14526 William Carr Lane • Centreville, VA 20120 • Tel.: 703.352.1400 • Fax: 703.352.3587 • www.riegerlaw.comRiegerLaw@aol.com