Case Results

DISCLAIMER: The below listed Actual example Virginia DUI and DWI cases are presented for informational purposes only. Every case result depends on a unique variety of factors that are specific to a particular case. An outcome in a previous case does not guarantee future results nor a predictor of what may happen in your case

Case

Defendant was charged with a DWI.  The defendant was seen by the officer crossing a solid white line and then driving in the middle of 2 lanes of traffic.  When stopped, the defendant had large amounts of vomit on herself.  She also had an open container in the vehicle.  The officer stated that she admitted to being extremely drunk, thanked the officer for pulling her over and for arresting her.  She failed the Field sobriety tests that were administrated to her.  After the arrest and while waiting to give a breath sample, she began to uncontrollably vomit, and no breath test was completed.  The defendant was not offered a blood test.

The defense took this to trial where the officer testified to the above.

Outcome

DUI charge was DISMISSED. Attorney John Naumovski presented little known Virginia case law and argued effectively as to why the proper conclusion in this case was for the court to grant a motion to dismiss.

Case

Defendant charged with 3rd DUI Offense within 10 years which is a Felony punishable by up to 5 years in prison, and carries a minimum mandatory jail time of 3 months in jail or prison.  In addition it carries a lifetime revocation of license.  Defendant was also charged with Refusal.

The Commonwealth (aka. Prosecutor) alleged that the defendant was driving down the middle of the road and almost hit a police vehicle head on.  There was vomit on the driver’s side door and an open alcoholic container in the vehicle.  The defendant denied drinking anything and refused any field sobriety tests.  

Outcome

Due to little known Virginia case law that fit the facts in this particular case, attorney John Naumovski was able to negotiate the charge down to a Reckless Driving charge and dropping of the refusal charge.  The defendant served no active jail time.    

Case

Defendant charged with driving while intoxicated (18.2-266), first offense and Reckless Driving (46.2-853, failure to maintain control).  There was eye witness and street video showing the defendant driving erratically and slamming without braking into a car waiting at a red light.  Defendant admitted to drinking and did poorly on the Field Sobriety Tests. 

Outcome: 

At trial the Commonwealth presented sufficient evidence to prove all elements of a DUI.  However, attorney Naumovski presented little known case law regarding a technical error made by the arresting officer when attempting to administrate the breath test after the arrest.  Due to this technical error, the judge had no choice but to dismiss the DUI charge. 

Case

Defendant, a public school teacher, was charged with a First Offense DWI. The alleged evidence was that the Defendant was driving erratically and at a high speed. In addition she did poorly on the SFSTs. She also was charged with a Refusal for not submitting to a Breath Test.

A conviction for a DUI for this particular defendant would end her teaching career. A further added complication in this case was that the defendant only recently had a previous charge for DUI in another state that was reduced which made negotiating the current DUI to a lesser offense very unlikely.

Outcome

Attorney Naumovski was able to negotiate a plea offer where the defendant was required to do AA meetings. Upon completion of doing the requiste AA meetings, the charge was reduced to a Reckless Driving charge.

Case

Defendant charged with a DWI, first offense, with a BAC greater than .20, which if convicted would result in a mandatory minimum of 10 days in jail.  The allegations were that the defendant got into an accident; left the scene; swam across a lake that abutted his neighborhood; once he was in his neighborhood, he was found wandering around because he had trouble finding his own house.

Outcome

Because of issues raised by the defense about the case, the Commonwealth agreed to a plea deal where the BAC was dropped and no active jail sentence.

Case

Defendant charged with first offense DUI. The allegations were that he was going 90 miles when he struck another vehicle in the presence of a Virginia State Trooper. Defendant blew .14 BAC.

Pending Outcome

Attorney Naumovski was able to negotiate a plea deal where if the Defendant did certain things, his charge would be reduced to a Reckless Driving charge instead.

Case

Further the judge dismissed the reckless driving charge upon argument by attorney Naumovski pointing out that the Commonwealth failed to present evidence during the trial to prove the necessary elements for a Reckless Driving conviction. 

Defendant was charged with a First Offense DUI and Reckless Driving (Failure to Maintain Proper Control of a Vehicle).  The allegations were that the Defendant hit a parked vehicle in a strip mall parking lot; that there were police officers present and who witnessed the accident; Defendant did not perform well on the Field Sobriety Tests; admitted to drinking and blew a .10 BAC.

Outcome

Although the Commonwealth had the necessary evidence to establish the elements of a DUI, the prosecutor, who was a senior experienced prosecutor, did not prepare well enough for the trial and his presentation of the Commonwealth’s Case in Chief left gaps that were exploited by the Defense in rebuttal and allowed attorney Naumovski to chip apart the Commonwealth’s case.

At conclusion of the trial, the Judge dismissed the DUI charge.  

Case

Defendant was charged with DWI (First offense) and Refusal. He was stopped for allegedly speeding. He declined all tests including any breath tests.

Outcome

Because of the lack of evidence, the Commonwealth agreed to drop the DWI. The defendant instead took the Refusal which is a civil not criminal charge.

Case

Defendant charged with DUI 2nd Offense within 5 years, Reckless Driving and Open Container among other charges. A 2nd Offense DUI conviction would of resulted in a mandatory minimum of 20 days of active jail time.

Outcome

Due to an issue with the defendant’s prior First DUI conviction, the Commonwealth reduced the charge to a DUI First Offense which carried no mandatory minimum jail time. Later on because of a further issue that arose in the case, the Commonwealth had no other choice but to drop all the charges including the amended DUI first offense.

Case

Defendant charged with Driving While Intoxicated First offense. Police claimed the Defendant was driving all over the road. Officer claimed that the defendant failed administrated Field Sobriety Tests and Standardized Field Sobriety Tests. Defendant refused to take a breath test after an arrest and was charged also with Refusal.

Outcome

Due to multiple errors in the police report and criminal complaint the Prosecutor agreed to reduce the charge to Reckless Driving and dropped the Refusal charge.

Case

Defendant charged with first offense DWI and a BAC of .14. Defendant was alleged to be driving erratically, didn’t do well on some of the field sobriety tests and admitted to drinking.

Outcome

The Commonwealth’s case primarily relied on the BAC that the defendant blew to secure a conviction. However, attorney Naumovski argued that the observation period prior to the Defendant submitting the breath samples was flawed and the Commonwealth Attorney agreed to drop the charge to a Wet Reckless Driving.

Case

Defendant charged w/ DUI drugs. No blood draw was done, but Defendant did make admission of taking medication that could cause impairment. There was also evidentiary issues as to the SFSTs.

Outcome

Commonwealth agreed to reduce the charge to Reckless Driving.

Case

Defendant was charged with First Offense DUI with BAC of .15-.20 and Reckless Driving. The defendant allegedly didn’t do well on the Field Sobriety Tests and blew a BAC of .16.

Outcome

In the event the Defendant was convicted of the original charge she would have been required to do 5 days of mandatory minimum jail time. Due to attorney John Naumovski raising issues with whether the arresting officer had reasonable suspicion to lawfully stop the defendant, the Commonwealth agreed to a plea deal that required no active jail time and dropping the reckless driving charge.

Case

The defendant was charged with DWI (First) involving a 2 vehicle accident. At trial, the Commonwealth introduced evidence that the Defendant had slurred speech, glassy eyes, and failed all the Field Sobriety Tests. Due to the particulars of the case, attorney Naumovski was able to raise as a defense a rarely known decision from a 1960s Virginia Supreme Court case.

Neither the prosecutor not the court was familiar with the case and the Prosecution requested during the midst of trial a 2 week continuance so that it can research and prepare a brief to counter defense’s argument. Upon resumption of trial after 2 weeks, the Prosecution conceded to the defense’s argument.

Outcome

Defendant was found NOT GUILTY of the DUI.

Case

Defendant charged with DUI (First) w/ elevated BAC of greater than .20. Defendant’s actual BAC was close to .30 BAC. Defendant allegedly almost hit 2 vehicles including an occupied marked police vehicle. Defendant was looking at minimum mandatory jail time of 10 days because of the .20 BAC elevated BAC.

Outcome

Defendant avoided the elevated BAC and minimum mandatory jail time, instead was convicted of simple DUI (First) with 1 weekend of jail.

Case

Defendant charged with First offense DWI. The defendant got into a one vehicle accident and fled the scene. The blood draw showed a elevated BAC of .22 weight to body and which carries mandatory minimum jail time of 10 days upon conviction.

Outcome

The defendant was found guilty of simple DWI with no elevated BAC and hence Defendant avoided the minimum mandatory jail time.

Case

Defendant charged with DUI (First) Offense. He was involved in a 1 vehicle accident. He did poorly on the Field Sobriety Tests. He blew at the scene .10+ BAC and at the station a .08 BAC

Outcome

Because of various issues raised by the defense, including whether the Commonwealth could prove timing of the accident, the Prosecutor agreed to drop the charge to a Reckless Driving.

Case

Defendant was involved in a 2 vehicle accident involving a parked car during the daytime.  Defendant and the other occupant of the vehicle tried to leave the scene.  The defendant was very argumentative and using abusive language with the officers.  There were eyewitness accounts and video of the defendant and occupant exiting the vehicle.  The Defendant blew greater than .15 BAC after the arrest, which would carry 5 days of minimum mandatory jail time if convicted.

Outcome

Although the Commonwealth had volumes of evidence to support proving beyond a reasonable doubt almost all of the elements for a DUI, that is not enough to secure a conviction.   The Commonwealth lacked the burden of evidence needed for a necessary element, and Attorney Naumovski was able to get the Commonwealth to voluntarily agree to drop the DUI charge. 

Case

Defendant charged with 1st Offense DWI. The Commonwealth’s evidence was that the Defendant crashed his car, failed the field sobriety tests and blew a .18 BAC. The officers bodycam video was recording the entire interaction between the defendant and police.
If convicted of the above the defendant would of been facing a mandatory minimum of 5 days of active jail time.

Outcome

Even though the Commonwealth’s evidence looked strong, attorney Naumovski was able to raise objections based on the confrontation clause (testimonial hearsay) with the Commonwealth prior to trial.

The Commonwealth agreed to reduce the charge to Reckless Driving and with no active jail time.

Case

Defendant was charged with DWI (First) offense, Refusal and multiple traffic infractions.  The officer alleged that the defendant had gone through a red light, making an illegal u-turn and driving once on the white dotted line.  The defendant denied having drank anything.  He submitted to one standardized field sobriety test.   

Outcome

Due to errors and inconsistencies in the police report, the Commonwealth agreed to reduce the DUI to a Reckless Driving charge and to drop the Refusal charge.   

Case

Defendant charged with 3rd Offense DWI w/ 10 years, a Felony. The Commonwealth’s evidence was that the Defendant crashed her car, failed the field sobriety tests and blew a .14 BAC. The officers bodycam video was recording the entire interaction between the defendant and police.

If convicted of the above the defendant would of been facing a mandatory minimum of 90 days of active jail time. A felony conviction. Lifetime revocation of license. Civil forfeiture of the vehicle she had been driving.  Up to 3 years of supervised probation.

Outcome

Even though the Commonwealth’s evidence looked strong, attorney Naumovski was able to raise objections based on the confrontation clause (testimonial hearsay) with the Commonwealth prior to trial.

The Commonwealth agreed to reduce the charge to a 2nd DUI w/ 5 years (a misdemeanor) and all minimums (e.g. good behavior instead of supervised probation) including 20 days of jail time that could be served via home arrest.

Case

Defendant charged with DUI (First offense) with a BAC .08. There were no issues with the breath instrument nor with the officer who was operating it. It is often said that .08 is the legal limit which is actually not true.  .079 is the legal limit. Once someone hits .08 that becomes illegal.

Outcome

Fortunately for the client, the officer made enough errors in performing the DWI investigation, that the judge agreed to reduce the charge to a Reckless Driving.

Case

Defendant charged with DWI, BAC .08, and Reckless Driving.

Outcome

Commonwealth agreed to reduce the DWI to a Reckless Driving.

Case

Defendant was found asleep at the wheel on the opposite side of the road. Defendant was charged with DUI (First offense) with BAC of greater than .20 that would of carried mandatory minimum jail time of 10 days.

Outcome

DUI was dropped to a simple DUI without elevated BAC and defendant received no active jail time.

Case

Defendant charged with DUI (2nd offense w/ 5 years w/ elevated BAC). Defendant was looking at minimum mandatory jail time of 30 days.

Outcome

DUI Charge was dismissed on a defense motion to suppress the evidence as there was no reasonable suspicion based on articulate facts for the stop, in violation of the fourth amendment of the US Constitution.

Case

Defendant charged with DUI (First).  His blood draw from a state lab came back with a BAC of .23, which would carry a minimum of 10 days mandatory jail time upon a conviction.

Outcome

The Commonwealth agreed to not add the elevated BAC as part of the summons and my client was able to avoid any mandatory jail time

Case

Defendant charged with DUI (2nd) within 5 to 10 years and with BAC between .15-.20. If convicted of the above charge, the defendant would have a suspended license for 3 yrs and looking at 20 days minimum mandatory jail time.

Outcome

Due to an issue with previous court order and other issues involving the case, the Prosecutor agreed to reduce the charge to a 1st DUI offense and the defendant was able to immediately eligible for a restricted license and also his jail time was cut in half.

Case

Defendant hit with a DWI (First) offense with elevated BAC of .15. The DUI resulted in a minor accident. If convicted of the above offense, he would of have been looking at least 5 days of mandatory minimum jail time.

Outcome

Through negotiations with the Commonwealth, the defendant plead to a simple DUI without elevated BAC and hence avoided the mandatory jail time.

Case

Defendant charged with First Offense DWI and driving without headlights. Defendant was under 21; admitted to drinking; had empty beer cans strewn throughout the vehicle; did poorly on the SFSTs and blew a .12 BAC at the station. Defendant was a football player at a top football college; had excellent grades; academic and athletic scholarships and did all the things that were recommended by attorney Naumovski to him to do prior to the trial.

Outcome

The Prosecutor demurred when seeking a reduction away from a DUI. However, attorney Naumovski, against strong objections to the Judge by the Commonwealth to deny a reduction, was able to convince the Judge to reduce the charge to Reckless Driving.

Case

Defendant charged with DWI 2nd offense, w/ 5 yrs, and Reckless Driving (alleged speed 70 in 35 mph). If convicted of above DUI, then defendant was looking at minimum mandatory jail time of 20 days.

Outcome

Via a plea deal, the defendant plead to DUI, 1st offense, and the Reckless Driving charge was dropped.  The Defendant got no active jail time.

Case

Defendant charged with DUI (First offense). Case involved accident and elevated BAC.

Outcome

Charged reduced to Reckless Driving.

Case

Defendant charged with DUI (First), Concealed Firearm while intoxicated and Refusal (First offense, which is civil not criminal). The evidence was light in general and the defense was able to poke further holes in how the investigation was handled

Outcome

Considering the evidence was light and because of the other holes in the Commonwealth’s case, an offer was accepted by the defendant to reduce the DWI to Reckless Driving, drop the concealed firearm charge and the defendant took the Refusal.

Case

Defendant charged with 2nd DWI, 2nd offense, w/5 yrs.; driving on suspended license and FTA. Defendant if convicted of the DUI and all other charges could of been looking at up to 3 years in jail, with 20 days mandatory minimum.

Outcome

FTA and driving on suspended dismissed. DWI (2nd offense) REDUCED to Reckless Driving. No active jail time.

Case

Defendant charged with DUI (First offense) and Refusal (First). He was a parking lot of a gas station where he had fallen asleep. He did not do well on 2 of the 3 Field Sobriety Tests. Although the DUI was something we could of taken to trial and possibly win, my client would of had to eat the refusal because of the particulars of the parking lot as to whether it would be deemed a highway under case law.

Outcome

Because of the risk at trial of a refusal civil finding of guilt, the defense was successful in negotiating the DUI charge down to a Reckless Driving and for the Refusal to be dropped.

Case

Defendant fell asleep while waiting at a red light. Charged with DWI First offense w/ BAC of .15, which carries mandatory 5 days in jail if convicted of the charge. Defendant was cooperative and had no prior criminal convictions. Active duty in military.

Outcome

Defense was able to work out a plea deal with the Commonwealth where en lieu of mandatory active jail time, defendant was to perform community service instead.

Case

Defendant Charged with DUI (First), Reckless Driving based on speed, 95 miles in a 55 posted speed limit, Refusal

Outcome

Defendant found guilty of Reckless Driving (General). The Reckless Driving based on speed and Refusal dropped. No active jail time.

Case

Defendant was charged with DUI under 21 and two other criminal offenses. In Virginia, for purposes of conviction, the legal limit for a person under 21 who is charged with drunk driving is .02. The Defendant’s BAC was 10x higher (.21+), which carries 10 days mandatory jail time.

Outcome

Per agreement with the Prosecutor, the defendant plead guilty to simple DUI (i.e. meaning no elevated BAC) and avoided active jail time. The other 2 criminal charges were dropped.

Case

Defendant arrested for First Offense Driving While Intoxicated with a BAC of .10. The defendant had passed the FSTs, and the SFSTs HGN test. However, she did not do well on the Walk and Turn Test and did poorly on the One Leg Stand Test. The arresting officer was asking the defendant to perform the physical tests in pouring rain.

Outcome

Because of some negative mitigating facts in the case, the client did not want to risk going to trial and instead the defense worked a plea deal with the Commonwealth where the DUI was reduced to a reckless driving charge.

Case

Defendant charged with DWI (First) and Refusal.

Outcome

DWI charge DISMISSED.

Case

Defendant charged with a 2nd DWI offense within 5 yrs. The prior DUI conviction was from out of state. As a result of careful review of the Defendant’s criminal history record, there was an inconsistency in the report that allowed attorney Naumovski to raise doubts about the prior DUI conviction

Outcome

Defendant avoided a conviction for 2nd offense DUI within 5 yrs which would of resulted in a minimum mandatory jail time of 20 days.

Case

Defendant charged with DWI (First), BAC .09. Speeding, did well on FSTs.

Outcome

Charge dropped to Reckless Driving.

Case

Defendant was charged with a DUI, First offense, and Refusal that involved a one vehicle accident. Defendant was a college student and under 21.

Outcome

Due to issues raised by the defense, the Commonwealth agreed to dismiss the Refusal and drop the charge to Reckless Driving.

Case

Defendant charged w/ 2nd Driving Drunk w/ 5 years and w/ enhanced BAC of .15. On his first DUI conviction, which he had other counsel, he was sentenced to 3 months of active jail.

Outcome

The Commonwealth removed the language about elevated BAC (BAC of .15+) saving my client from serving 10 days of mandatory jail time. He was given the minimum punishment for a 2nd w/ 5 years.

Case

Defendant was charged with a DUI, BAC .14, driving down the wrong way on street. Defendant had a prior DUI within a 5 year period.

Outcome

Defendant walked away with NO active jail time.

Case

Defendant got into a 2 vehicle accident that was caught on video.  The accident occurred while the defendant was traveling through the Norfolk-Portsmouth tunnel.  The accident caused injures.  According to the Virginia State Trooper, the vehicle’s cabin was full of beers.  The defendant was rushed to the hospital and a hospital blood draw returned a .30+ BAC. 

Defendant was charged with a First Offense DUI. 

Outcome 

Had the Defendant been convicted of a First Offense DUI with a BAC of .20+, he would of faced mandatory minimum jail time of 10 days.  Instead the Prosecutor agreed to 5 days of active jail time.

Case

Defendant charged with DUI (First) with PBT  over .25 BAC and Reckless Driving, 102/60. At that speed alone, judges in Hampton give active jail time (rule of thumb is 1 day of jail for every mile at 90 and above). But the combination of the above speed and a DUI can be explosive as to penalties.

Outcome

No active jail time. Reckless Driving was dropped.

Case

Defendant charged with DUID First Offense. Did poorly on the Field Sobriety Tests and had a very high level of opioids based on a blood draw.

Outcome

Due to issues as to whether the arresting officer had reasonable suspicion to suspect a crime was being committed, the Prosecutor agreed to REDUCE the charge to a Reckless Driving.

Case

Defendant charged with DWI 2nd Offense within 5 yrs, first dui occurred a couple years prior. He was alleged to be driving at one point down the middle of the road between 2 lanes, and didn’t do well on the SFSTs.

Outcome

Defense worked out a deal with Commonwealth to have the DWI 2nd Off within 5 years be dropped to DWI 2nd Off within 10 years, which resulted in substantially less jail time and also allowed for a restricted license quicker compared to if the defendant was found guilty of the original charge.

Case

Defendant charged with 2nd DWI w/ 5 years (prior DUI conviction was in 2019 and occurred out of state) AND Reckless Driving 93/55. A 2nd DUI conviction carries with it minimum of 20 days mandatory jail time. 2nd DWI w/ 5 yrs carries automatic license of suspension of 3 yrs.

Outcome

The Commonwealth was not able to prove beyond a reasonable doubt that Defendant’s out-of-state conviction met the requisites to be deemed a valid conviction in Virginia, thus depriving the Commonwealth from using the prior conviction as a predicate to enhance the Virginia DUI charge to a 2nd offense.

The Defendant was convicted of the lesser charge of first offense DUI and avoided any mandatory jail time.

Case

Defendant was charged with Drinking Under the Influence (DUI) First Offense.  The defendant showed obvious signs of impairment and blew a .23 BAC after the arrest.  If convicted a DUI with a BAC of greater than .20, defendant was facing a minimum of 10 days of active jail time. 

Outcome

With agreement with the Commonwealth, Attorney Naumovski raised a legal argument with the Court that put in doubt whether the defendant’s BAC was greater than .20 at time of operating the vehicle and which legal argument the judge agreed with and resulted in the  BAC being reduced to between .15 to .20 and carried half the mandatory jail time. 

Case

Single vehicle accident, BAC of .19, did poorly on FSTs. Looking at minimum of 5 days mandatory jail time.

Outcome

No active jail time. Mandatory jail time was struck from the case.

Case

Defendant charged with 2nd DUI within 5 to 10 years with elevated BAC between .15 to .20.  If convicted of the above charge he would be looking at a minimum mandatory jail time of 20 days.  This case involved a single vehicle accident and a blood draw that with an analysis by the DFS State Lab showing a BAC of .17.

Outcome

Based on statements made by the defendant and how he performed on the Horizontal Gaze Nystagmus test and the BAC coming back so high, there were limited legal defenses. Nonetheless, attorney Naumovski was able to convince the Prosecutor to not convict the defendant with the elevated BAC and which resulted in the minimum mandatory jail time being cut in half.

Case

Defendant charged with DWI (First offense) w/ .20 BAC. Defendant caused an accident involving 2 vehicles. Defendant told the arriving police that he was drunk and to arrest him. A conviction with an elevated BAC would result in a mandatory minimum jail time of 5 days.

Outcome

No active jail time. Mandatory jail time was struck from the case.

Case

Defendant charged with DWI (First, BAC .12). Allegation was that he went across the line while driving. There were issues with the FSTs that favored the defense.

Outcome

Charge dropped to a wet reckless driving.

Case

Defendant charged with First Offense DUI with a BAC of between .15 to .20.  If convicted of the original charge, he would have been required to serve a mandatory minimum of 5 days of active jail time. 

Outcome

As a result of Attorney John Naumovski raising multiple lines of argument, the Commonwealth agreed to drop the BAC to under a .15 and the defendant received no active jail.  

Case

Defendant charged with 7 charges.  4 misdemeanor charges and 3 felonies. 4 misdemeanor charges were DWI 2nd w/ 5 yrs, Reckless Driving, Obstruction of Justice and Destruction of Property. The 3 felonies were all destruction of property charges. The Commonwealth claimed that the Defendant had crossed over a raised median going into oncoming traffic and causing a 4 vehicle accident; was intoxicated and under the influence of drugs (including sleeping pill), and that the defendant tried to destroy evidence (drugs).

Outcome

By agreement with the Commonwealth, the 3 felonies were dropped, the misdemeanor destruction of property was dropped, the obstruction of justice charge was dropped. In return the Defendant plead guilty to Reckless Driving and DWI 2nd w/ 5 yrs. The defendant was given the minimum 20 days of active jail time, eligible for weekends.

Case

Defendant charged with DUI First Offense and a Refusal. The defendant allegedly exhibited poor driving behavior and did not perform well on the Field Sobriety tests.

Outcome

The Commonwealth agreed to reducing the DUI to a Reckless Driving Charge. In addition the Commonwealth dropped the Refusal Charge.

Case

Defendant charged with DUI (First) involving a serious single vehicle accident. The Commonwealth alleged a BAC of greater than .15. If convicted of a DUI (First) with a BAC of .15 or greater, she would be sentenced to 5 days of mandatory minimum jail time.

Outcome

Due to an error by the prosecutor when amending the charging summons, the defendant was not convicted with a BAC of .15 or greater and she avoided mandatory minimum jail time.

Case

Defendant charged with DUI First Offense, with an elevated BAC of .21, which carries mandatory 10 days in jail. The defendant got into a one-vehicle accident during the daytime and did poorly on the FSTs.

Outcome

Court dropped the .21 language, and my client avoided any active jail time.

Case

Defendant charged with 2nd DUI w/ 5 years; Driving on Revoked, 18.2-272; and Refusal 2nd w/ 5 yrs. This case involved an accident. The defendant was looking at 7 years of license suspension with the possibility having a restricted license during year 5  and minimum mandatory 20 days in jail if convicted of the above.

Outcome

Per agreement with the Commonwealth, the Refusal and Driving on Revoked were dropped. The 2nd DWI w/ 5 years was reduced to 2nd DWI w/ 5-10 years. Under the plea agreement, the Defendant was eligible for a restricted license after just 4 months. Jail was limited to the mandatory 10 days for  a 2nd DUI w/ 5-10 years.

Case

Defendant charged with DWI (First) w/ elevated BAC of .15+ and was facing 5 days of minimum mandatory jail time. Her alleged BAC was .20 BAC. Defendant was found in a parking lot vomiting.

Outcome

Because there was a plausible defense argument as to whether the Commonwealth could proof that the Defendant was arrested within 3 hours from driving on a public road and which would then make the breath certificate inadmissible. The Commonwealth agreed to drop the elevated BAC and Defendant was able to avoid mandatory jail time.

Case

Defendant, with passengers in his car, accused of traveling 80 mph while in a residential neighborhood (posted 35 mph) and smashing into 2 separate occupied houses. The defendant admitted he was the driver. The passengers fled the scene and the defendant refused to disclose the identities of the passengers. Defendant was not injured but was incredibly intoxicated to the point of not making sense when speaking.

Outcome

The CA agreed to drop 1 destruction of property charge and the Refusal. At sentencing the CA presented the evidence and argued for active jail time.

After argument by the CA and by the defense, the defendant was given no active jail time.

Case

Defendant Charged with DWI (First) offense that involved a one vehicle accident and a BAC greater than .15 BAC. A DUI conviction with a BAC of between .15-.20 carries a minimum mandatory jail sentence of 5 days.

Outcome

The Commonwealth agreed to drop the BAC and hence my client avoided the active jail time, because there was a question as to whether the Commonwealth could prove the timing of the accident occurred within 3 hours of the time of her arrest.

Case

Defendant charged with DWI 2nd offense within 5 years.  The defendant had vomited on himself, admitted to having drank too much, did poorly on the Standardized Field Sobriety Tests, and blew a .14 BAC.   He was in a parking lot in his vehicle, but had the engine on.  The vehicle was not on park and that indicated his intent to drive his vehicle at any moment.  In Virginia, a defendant having a key in the ignition by itself (whether in the on position or not) is enough for a DUI conviction.   His prior DUI conviction, about 3 years ago, was in Florida. 

If convicted of the charge, he was looking at a minimum mandatory 20 days in jail.

Outcome

Because of multiple issues raised by Attorney Naumovski as to the alleged facts and also whether FL DUI laws were substantially similar to Virginia DUI laws, the court reduced the DUI 2nd w/ 5 yrs to a First offense and imposed a small fraction of jail time compared to the mandatory minimum jail time he would of had if convicted of the original charge.

Case

Defendant, a CDL driver, was charged with DUI First Offense with an alleged BAC of .12.  If convicted of the charge, the defendant would of lost his livelihood because he would be disqualified to drive a commercial vehicle for 12 months.  Normally someone convicted of a DUI First Offense would be eligible for a restricted license but that is not available to operate commercial vehicles.  The allegations were that the defendant was found asleep in his vehicle that was on and in a parking lot of a closed establishment.  The defendant admitted to drinking, did poorly on the standardized field sobriety tests and blew at the scene a BAC of .11, and at the station .12 BAC. 

Outcome

After bringing up issues including whether the .12 BAC would be admissible at trial considering the defendant was in a parking lot when he was discovered, the Commonwealth agreed to reduce the charge to Reckless Driving, no interlock ignition, no suspension of license and hence no restricted license which allowed the Defendant to be able to continue to hold on to his CDL.  In return for the reduction to a Reckless, the defendant agreed to serve a weekend in jail.  The defendant was more than happy with the arrangement considering his up most concern was losing his CDL.

Case

Defendant charged with DWI First offense and Refusal. There were strong indicators of impairment (e.g. vomited, did poorly on FSTs). He had a professional license from the Commonwealth that was at risk in the event of a DWI conviction.

Outcome

Charge reduced to Reckless Driving. Refusal charge was dropped.

Case

Defendant was charged with First Offense Driving While Intoxicated and Refusal. The Commonwealth claimed he was driving all over the road. He did poorly on the field sobriety tests, including taking over 30 steps one way on the 9 step walk and turn test.

Outcome

After successful negotiations with the prosecutor, the prosecutor dropped the Refusal and REDUCED the DUI to Reckless Driving.

Case

Defendant charged with 3rd offense DWI (Felony) within 5 years + Reckless Driving alleging 90+ speeds. 3rd offense DWI conviction within 5 years carries mandatory minimum jail time of 180 days, 5 years revocation of license, possible forfeiture of the vehicle driven.

Outcome

Felony DWI 3rd offense w/5 years dropped to DWI 2nd offense w/5 years, jail time 20 days. Reckless Driving charge dismissed.

Case

Client got into head-on-collision with another car. Charged with DUI (First) with BAC above a .20 (10 mandatory jail time if convicted with BAC .20).

Outcome

20 BAC language in the charging document was struck by the court. Client convicted of DUI (First) with no active jail time even though client caused head-on-collusion.

Case

Defendant was charged with DUI, First offense, and obstruction of justice. The defendant’s BAC via a blood draw was .15 which would carry 5 days of mandatory jail time if convicted.

Outcome

Via a plea deal, the defendant avoided mandatory 5 days in jail. The obstruction of justice charge was dropped.

Case

Client charged with DUI with BAC above .20. Client had two prior DWI/DUIs in the past 10 years. Conviction for the current DUI as a third offense would of been a FELONY and carried months of mandatory jail time.

Outcome

A plea deal was worked out where the Defendant plead to a 2nd DUI offense within 10 years and avoided a felony conviction and months of mandatory jail time.

Case

Defendant charged with DWI (First). Allegations were that a witness reported the defendant was driving while intoxicated. The responding trooper had the defendant perform field sobriety tests which she ostensibly performed poorly.  No BAC was obtained.

Outcome

Due to multiple issues with the case, the defense was able to obtain a reduction to reckless driving via a plea deal with the Commonwealth.

Case

Client charged with 2nd DWI offense w/ 5 yrs and Refusal (2nd Offense). If convicted of both counts, he would of gotten a minimum of 20 days mandatory jail time and would have had his license suspended for 6 years. He would of been eligible for a restricted license on the 4th yr of the 6 yr suspension.

Outcome

Due to a major flaw in the Commonwealth’s case, the prosecutor agreed to drop the Refusal and reduce the 2nd DUI to a First offense. The prosecutor further agreed to no active jail time and an immediate restricted license for the 1 yr license suspension that goes with a first time DUI conviction.

Case

Client charged with DWI (First), Concealed Weapon and Reckless Driving. Client allegedly was driving on wrong side of the road on to upcoming traffic resulting in 2 vehicle accident.

Outcome

Convicted of Reckless Driving. DUI and Concealed Weapon were dropped.

Case

Client charged with DUI (First) involving a one vehicle accident.

Outcome

Client convicted of reduced charge of Reckless Driving.

Case

Client was charged with multiple charges, including DUI (First), stemming from a multi vehicle accident. The Commonwealth’s allegations, included: that my client drove on the opposite side of the highway; hitting a vehicle near head on; my client took on foot in an attempt to flee the scene; the damage to the other vehicle totaled $31,000; finally that the client’s BAC was .23+.

Outcome

By agreement with the Commonwealth, my client pled to simple DUI (no elevated BAC) and misdemeanor H&R, avoiding a felony H&R conviction. Client did not have to serve any active jail time.

Case

Defendant charged with First Offense DUI.  Defendant was an elderly individual, close to 90 years old, who ended up driving on the wrong side of 1-264 highway in the middle of the day resulting in a multi-vehicle accident with injuries.  Defendant was taken to the hospital where a blood draw was done.  The results showed a BAC of .03.  

Outcome

The CWA agreed to reduce the DWI to a Reckless Driving charge.

Case

Defendant was charged with First Offense DUI.  He hit a pole causing a one vehicle accident.  At the scene the defendant poorly performed on the Field Sobriety Tests.  In addition, the defendant blew at the scene a preliminary breath test which showed a .30 BAC.  Due to injuries suffered, the defendant was taken to the hospital where there was a blood draw.  The hospital blood (ethanol) results showed a BAC of .35.   

Outcome

Typically a defendant with a BAC of .20 or greater would face a minimum mandatory 10 days of jail time.  Because the defendant was involved in a car accident and his BAC was substantially above a .20, the risk was that the Court would be more severe in sentencing. 

Attorney Naumovski through zealous arguments and representation was able to keep the time actually spent at jail to 2 days.   

Case

Defendant was charged with DWI (First Offense) with an elevated BAC between .15-.20.  The defendant did poorly on all the Field Sobriety Tests.  He also blew a .16 after the arrest, which if convicted would carry 5 days of mandatory minimum jail time.

Outcome

Due to an issue with the case, the Commonwealth struck the language about BAC between .15-.20 and hence the defendant avoided any active jail time. 

Case

Defendant charged with DUI (First).  BAC was .20+, which if convicted with above BAC would result in mandatory minimum of 10 days in jail. Defendant, while riding his motorcycle, and his passenger got into an accident that resulted in injuries.

Outcome

Because of issues raised by the defense about the case, the Commonwealth agreed to a plea deal where the BAC was dropped and defendant avoided a sentence involving spending time in jail.

Case

Defendant charged with 2nd DWI within 5 years and Refusal (2nd offense). If the defendant had been convicted, the defendant would of been looking at a minimum of 20 days in jail, and other punitive consequences.

Outcome

Due to extenuating circumstances, the charges were DISMISSED.

Case

Defendant charged with DUI (First) Offense.  Alleged facts were that the Defendant crashed into an occupied parked vehicle when turning into a parking lot; that the defendant failed numerous FSTs; had admitted to drinking and taking benzodiazepines which combined would cause dramatic impairment; that his BAC based on a blood draw was greater than a .20 BAC.  At a minimum the defendant was looking at a minimum mandatory jail time of 10 days. 

Outcome

Even with the above aggravating factors, attorney Naumovski was able to convince the Commonwealth to reduce the DUI to a charge with a BAC of .15 to .20 and which cut the defendant’s mandatory minimum jail time in half.

Case

Defendant charged with DUI (2 prior DUI convictions in North Carolina in the last 5 yrs), Refusal, Driving on Suspended and Felony Hit and Run. Part of the allegations  was that the Defendant drove at speeds of 90 mph in residential area in an effort to evade the driver whose vehicle he allegedly hit.

Outcome

Per an agreed to disposition, the Refusal and Driving on Suspended was dropped by the Commonwealth. The Commonwealth reduced the Hit and Run Felony to a misdemeanor with no active jail time.  The defendant pled to the DUI and walked away with no active jail time.

Charge:

Defendant was charged with a DUI First Offense and Refusal First Offense which is a civil offense.  Defendant was an airman in the Air Force with a TS/SCI clearance.  Defendant was pulled over solely for having expired tags.  The other evidence consisted of his admission to drinking, his physical appearance and his performance on FST/SFST tests which he did adequately well on. 

Outcome:

Attorney Naumovski worked out a plea deal where the Commonwealth agreed to dismiss the DUI and my client in return plead to the Refusal which is strictly a civil offense.

Case

Client charged with DUI (2nd) w/5-10 yrs, Refusal (2nd), driving on suspended and Reckless Driving. DUI involved accident.

Outcome

DUI (2nd) reduced to DUI (first). No active jail time. All other charges dropped.

Case

Defendant charged with DWI First Offense with a BAC between .15-.20, which if convicted would of resulted in a minimum mandatory jail time of 5 days.

Outcome

Attorney Naumovski argued there were issues with whether there was sufficient probable cause to make a lawful arrest. Because of the issues raised, the Commonwealth agreed to strip the elevated BAC and the defendant avoided any active jail time.

Case

Defendant charged with DWI (First) offense, Reckless Driving and Refusal. The Commonwealth alleged that the Defendant hit a city street sign and did not stop at the scene of the accident. That an officer on foot tried to stop the Defendant’s vehicle but the defendant continued to drive past him. Once the Police were able to stop the Defendant’s vehicle and while the Police on scene were waiting for a DUI trained officer to arrive, the defendant was alleged to be in his car drinking alcohol.  The defendant failed the field sobriety tests offered and was arrested. After the arrest and while waiting to give a breath sample, the defendant began to uncontrollably vomit, and no breath test was completed. The defendant was not offered a blood test.

Outcome

Attorney John Naumovski in negotiations with the prosecutor presented case law and argument as to why, even though the defendant may of been highly intoxicated, the Commonwealth should offer a reduction to a Reckless Driving charge. The offer made by the prosecutor was to reduce the DUI to Reckless Driving, drop the Refusal and drop the other Reckless Driving Charge. The defendant accepted the prosecutor’s offer.

Case

Client charged with DUI (First), preliminary breath test of greater than .30 BAC.

Outcome

Client avoided mandatory jail time.

Case

Client charged with DUI (First), single vehicle accident, blood draw resulting in BAC of .19

Outcome

Client avoided mandatory jail time.

Case

Defendant had a CDL and was charged with DUI First Offense and Refusal and which if found guilty of either would of caused automatic disqualification of his Commercial Drivers License for 1 year.  The Virginia State Trooper found the defendant passed out in between the shoulder and right lane of traffic on a major Hampton Roads highway.  Besides falling asleep in between lanes on the highway, he had characteristic signs of impairment such as glassy eyes, failing the Horizontal gaze Nystagmuss test.  

Outcome

Because the main concern for the defendant was what affect a conviction for DUI or Refusal would have on his CDL it was paramount that the charges be reduced or dismissed.  Attorney Naumovski carved out a plea offer that was acceptable to the Commonwealth Attorney that resulted in the Refusal being dropped and the DWI being reduced to reckless driving.    

Case

Defendant charged with First Offense DWI with an elevated BAC of .15-.20, to wit .17. If convicted of the original charge the Defendant would have had a minimum mandatory jail sentence of 5 days. The DUI event involved a one vehicle accident and the defendant did poorly on the Standardized Field Sobriety Tests.

Outcome

The Defendant’s primary concern was the active jail sentence because he was on probationary period at a new job and did not have the 5 days available to take to serve the jail time (the jail didn’t allow weekends). In negotiations with the Commonwealth, the Prosecutor was not willing to amend the DUI so that there was no active jail time. However, she was willing to meet the defense halfway and amend the DUI so that he only had in effect a weekend to serve, hence, removing the risk of losing his new job.

Case

Defendant charged with DWI 2nd offense w/ 5 years in Virginia Beach, which carries mandatory jail time of 20 days.

Outcome

Was able to effectively argue that there was an issue with the prior DWI offense and the court reduced the charge to DWI 2nd offense in 5-10 years, which carried minimum jail time of 10 days. My client got the minimum.

Case

Defendant was charged with a 2nd DWI Offense within 5 yrs.  His prior DUI was from out of state and was in 2021.  If convicted of a 2nd DWI w/ 5 years, he was looking at a mandatory minimum of 20 days in jail. 

Outcome

Attorney Naumovski convinced the Prosecutor that the 2021 DUI conviction was not substantially similar to Virginia DUI laws, and the Prosecutor agreed to drop the charge to a First Offense DUI.  At sentencing, based on argument by Attorney Naumovski, the judge agreed to not give an active jail sentence to be served.

Case

Defendant charged with 2nd Offense DUI, within 5 yrs. If convicted of the above charge he would have been facing a minimum mandatory jail time of 20 days, license suspension of 3 years and other elevated penalties.

Outcome

Due to issue in the investigation that attorney Naumovski brought to the attention of the Prosecutor, the defendant pled no contest to an amended charge of First Offense DUI and was given no active jail time.

Case

Defendant charged with DWI (First) with elevated BAC .16 which carries 5 days mandatory jail time. Defendant also got into an accident.

Outcome

Elevated BAC was struck and the Client avoided any active jail time.

Case

Defendant was allegedly driving with the passenger side door open. Defendant did poorly on the SFSTs and blew a preliminary breath sample of .25+ BAC. While being transported in the front passenger seat of the police vehicle, the Defendant began to severely berate and yell at the arresting officer who was driving the vehicle. In addition, for 7 minutes while the officer and Defendant were in near proximity to each other in the vehicle, (during the height of the COVID pandemic) the Defendant was forcefully coughing in the direction of the officer. The defendant was charged with DWI (First Offense) and Refusal.

Outcome

The Commonwealth initially wanted considerable active jail time because of the aforementioned details. However, after raising issues with the PBT specific to the defendant’s case, the Commonwealth relented on seeking active jail time. By agreement with the Commonwealth, the Defendant pled guilty to the DUI, but was given no active jail time. The Refusal charge was dropped as well.

Case

Defendant charged with DUI (First), Refusal, H&R (misdemeanor), driving when not licensed, Reckless Driving and Obstruction of Justice.

Outcome

 Defendant NOT convicted: of the DUI (First), Refusal, Driving when not licensed, Reckless Driving. Defendant was found guilty of the obstruction of justice charge which could not be avoided. No active jail time on the conviction.

Case

Defendant was charged with first offense Driving While Intoxicated (DWI) with a BAC of .15-.20, which carries mandatory minimum 5 days of jail time.  He was involved in a one vehicle accident; admitted to drinking and a hospital blood draw was obtained and sent to the Eastern Lab of the Department of Forensic Science located in Norfolk

Outcome

Attorney Naumovski believed that there were issues with the case that would knock out the elevated BAC and hence avoid the mandatory 5 day jail time.  The Prosecutor agreed to reduce the charge to a simple DUI and with no active jail sentence.

Case

Defendant: Charged with first time DUI offense, BAC .10. Pulled over for failing to maintain lane. Did well on the ABC and count down test. Did not do well on the standardized FSTs, but he informed the officer he had medical issues with his legs.

Outcome

DUI was reduced to a reckless driving.

Case

Defendant: Charge with DWI (First) with BAC of .15. If convicted of the original charge, client would be facing 5 days mandatory jail time. Client ran a red light and there were substantial indicators of impairment.

Outcome

The prosecutor dropped the .15 BAC language and my client avoided any active jail time.

Case

Defendant charged with DUI first offense.  The allegations were that the defendant while operating her vehicle in the parking lot of her apartment building hit a parked vehicle.  The defendant admitted to having drank alcohol and to take prescribed sleep aid medication.  Allegedly she did very poorly on the field sobriety and standardized field sobriety tests.  After her arrest, she was taken to the hospital and submitted to a blood draw which was sent to the Department of Forensic Central state lab in Richmond.  The results of the blood draw showed the defendant had a .08 BAC and also that she had a variety of prescribed medications that either, on their own, would cause impairment.  Combined they would of caused someone to be substantially under the influence.    

Outcome

Because of issues with the case raised by DUI Lawyer John Naumovski, the Commonwealth Attorney agreed to reduce the charge to a Reckless Driving charge.  Among other issues with the case, DWI attorney John Naumovski argued that a reduction was warranted because the officer willfully violated the defendant’s Constitutional rights. 

Case

Defendant: Charged with DUI (First), Refusal. Had prior DUI conviction outside of the prior 10 years.

Outcome

Refusal Dropped. DUI reduced to Reckless Driving.

Case

Defendant was charged with a first time DWI with a BAC of greater than .20, to wit .25+.  He also was involved in a one vehicle accident.  The defendant readily admitted multiple times that he shouldn’t of been driving because he was drunk and also that performing the Field Sobriety Tests would be pointless because he would fail them, which he did. 

If he were convicted of the original charge he would of been looking at a minimum of 10 days of mandatory jail time. 

Outcome

The Commonwealth had sufficient evidence to convict but attorney John Naumovski raised a potential procedural issue that could weaken the Commonwealth’s case.  As a result the Commonwealth reduced the DUI to a BAC between .15-.20 and that cut in half the mandatory jail time.

Case

Defendant charged with DUI, first, with a BAC of between .15-.20, which carries 5 days mandatory minimum jail time if convicted.  The defendant had a BAC of .20.  Other aggravating factors were: a) that the defendant was driving down the wrong side of the street; b) came within 2-3 feet of a head-on-collision with a marked patrol car coming in the other direction; c) hit 2 parked vehicles in a parking lot d) left the parking lot without reporting the accidents.

Outcome

Besides the aggravating factors, there were no evidentiary issues with the case. Instead of taking the risk of a judge pronouncing sentencing, a plea offer was worked out where the defendant was given the mandatory minimum jail time plus an additional 2.5 days of active jail.

Case

Defendant: Charged with DUI (First).

Outcome

DUI dropped to Reckless Driving.

Case

Defendant: Charged with DWI (First). DUI involved a single vehicle accident and Defendant had a passenger in the car. Defendant at time of alleged DUI was under 21. It is illegal for persons under 21 to be driving and have a BAC greater than .02. The Defendant’s BAC at time of alleged DUI was 6 times higher (.13 BAC)

Outcome

The DUI was reduced to Driving Impaired under 21.

Case

Defendant charged with DWI (First). Commonwealth alleged that the Defendant fell asleep while driving on the highway. Trooper claimed that the defendant did not do well on his SFSTs, but that was disputable. Defendant blew .15 BAC at the station. If convicted with a BAC of .15, he would be looking at 5 days mandatory jail time

Outcome

The Commonwealth agreed to reduce the charge to simple DUI and the defendant did not have to serve any active jail time.

Case

Client charged with DUI (First) offense with elevated BAC .15 which would of carried mandatory minimum jail time of 5 days. Defendant was found at McDonalds parking lot. There was no evidence to establish when the defendant may of been driving on a public road and hence her submission to a breath test after an arrest was in error.

Outcome

The mandatory jail time of 5 days was dropped from the charge and the defendant served no active jail time.

Case

Defendant was charged with driving while intoxicated involving a single vehicle accident. A hospital blood draw showed a BAC of .21. A conviction with an elevated BAC of .21 or greater would result in a minimum of 10 days mandatory jail time.

Outcome

Attorney Naumovski found numerous possible defenses and the Commonwealth agreed to convict as a simple DUI with no active jail time.

Case

Defendant: Charged with DWI (First) w/ minor child in car, Refusal, Delinquency of minor.   Defendant was found in the middle of the road passed out, vomit in the vehicle. Did poorly on all FSTs. Having a minor child in a vehicle during a DWI, carries 5 days mandatory jail time.

Outcome

Avoided any active jail time. Minor child language dropped from the DWI charge. Refusal dropped. Delinquency of minor charge dropped if defendant is on good behavior for a certain period of time.

Case

Defendant: Charged with DUI, first, with BAC of .15+. Was looking at 5 days mandatory minimum jail time if convicted with alleged BAC.

Outcome

Case concluded with client avoid mandatory minimum jail time, because defense was successful in arguing that there was a period of time when the defendant, after getting out of his car, was not in sight of the officer and could of consumed alcohol.

Charge

Defendant charged with a First Offense DWI.  He had prominent signs of impairment including not being able to stand without substantially swaying which caused the arresting officer not to be able to conduct standardized field sobriety tests for defendant’s safety.  Defendant blew a .19 BAC that if convicted would of carried 5 days minimum mandatory jail time.

Outcome

We took this case to trial and because of a technical error with the arrest warrant, my client was convicted of a simple DUI and avoided any active jail time. 

Case

Defendant charged with DUI (First) with a BAC above .20, which if convicted would result in a mandatory minimum of 10 days in jail. The Commonwealth alleged the BAC was .26.  In addition, the defendant was involved in a 2 vehicle accident. The defendant performed poorly on the Field Sobriety Tests.

Outcome

Because of issues raised by the defense about the case, the Commonwealth agreed to a plea deal where the BAC was dropped and defendant avoided a sentence involving spending time in jail.

Case

Defendant charged with DUI (First), Reckless Driving and Refusal and involved 1 vehicle accident. The defendant claimed he swerved to avoid a deer. The evidence wasn’t very supportive of the Commonwealth’s case.

Outcome

For the above reasons, the Commonwealth agreed to drop the DUI and Refusal and the client walked away with a reckless driving conviction.

Case

Defendant was arrested for a First Offense DUI. There was video of him going momentarily onto the oncoming lane when making a turn and also straddling his lane when driving. The arresting officer’s description of the Defendant (e.g. slurred speech) and his performance on the field sobriety test would be consist with someone under the influence. A preliminary breath test was offered and the Defendant blew a .06. He then blew a .04 after the arrest

Outcome

There is a misconception that if someone has a BAC of under .08 then they are legally allowed to drive which is not the case. In theory, a defendant who is 21 or above with a BAC of .01 (assuming drugs are not in play) or greater could be charged and convicted of a DUI if there are signs of being under the influence. This is especially true if you have an overzealous officer who is determined to arrest the individual and an overzealous prosecutor who is bent on prosecuting the case.

The Defendant in lower Court was represented by a well known DUI attorney and was convicted of DUI. on Appeal, the defendant retained attorney Naumovski. While awaiting the trial on appeal, the Prosecutor consistently refused to offer something other than a DUI considering he had won once already in lower court. Through careful analysis of the evidence, attorney Naumovski was able to point out a plethora of issues with the case that warranted a more equitable plea offer. The CWA eventually capitulated and extended a plea offer to a Reckless Driving with generous conditions.

Case

Defendant was charged with a First Offense Driving While Intoxicated (DUI) with an elevated BAC of .15.  If convicted he was looking at spending a minimum of 5 days of jail because at .15 BAC there is a minimum mandatory jail time of 5 days.  He did not do well on the FSTs. 

Outcome

           The Commonwealth (i.e. prosecutor) was willing to remove the .15 BAC from the warrant which took of the table the risk of my client having to serve the mandatory minimum jail time, but sentencing was left to the judge’s discretion. 

            Convincing defense arguments were made at sentencing and the judge demurred on giving any active jail time

Case

Defendant was charged with 2nd DUI Offense within 5-10 years. Defendant also had another DUI conviction that was 12 years old. The alleged facts of the case were that a witness saw the defendant driving on the wrong side of the road and followed the defendant until the police arrived. The police obtained a search warrant and drew his blood which came back with a BAC of .18. For a 2nd DUI offense there is a minimum mandatory jail time of 10 days.  Further a 2nd DUI offense with a BAC of .15 and greater carries an additional minimum mandatory jail time of 20 days. A 2nd DUI offense also results in a license being suspended for 3 years.

Outcome

The Commonwealth agreed to drop the 2nd DUI to a First offense which resulted in 1 year suspension of license (compared to 3 years), immediately being eligible for a restricted license and 5 days of active jail time (compared to if convicted of the above facts would result in 30 days of mandatory jail time).

Case

Defendant charged with DUI, First offense. Defendant found fallen asleep in her vehicle that got into an accident with a unoccupied parked vehicle.

Outcome

Due to defects with the Commonwealth’s case, the Commonwealth Attorney agreed to reduce the charge to Reckless Driving.

Case

Defendant charged with first time DUI with a BAC of .23, and which in the event of a conviction carries a minimum of 10 mandatory days of jail.

Outcome

Although there wasn’t a significant issue with the DUI case, attorney John Naumovski was able to convince the Commonwealth to reduce the charge to a BAC of .15-.20 which cut the active jail time in half.

Case

Defendant charged with DUI, 1st Offense and Refusal. The main issue with the driving was that the defendant swerved once over outside is lane and was weaving in his lane. The defendant did well on the FSTs or/and the officer made errors in determining that the defendant showed clues of impairment. The defendant refused to take a Breathalyzer at the station.

Outcome

Commonwealth reduced the charge to Reckless Driving, with no interlock ignition and no suspension of license. The Commonwealth dropped the Refusal charge.

DUI and DWI are the same thing and charged under the same Virginia Code statute, 18.2-266. I use those terms interchangeably.