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Recent Example 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 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:

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

Outcome:  Charge dropped 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 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 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:

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 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 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, 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 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 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 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 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 (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. 

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:

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 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 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:  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), Refusal.  Had prior DUI conviction outside of the prior 10 years.

Outcome:  Refusal Dropped.  DUI reduced to Reckless Driving.

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: 

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.

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

Attorney Highlights

Defended Over 1,000 Prior DWI/DUI Cases

 15 years plus of Trial Courtroom Experience

Certificates in Field Sobriety Tests Training (and how to beat them)

2005 Graduate from a Top Ten National Law School (University of Virginia)

Regularly Recognized by Attorney-Run Organizations as Top 10 DWI/DUI Attorney in the Commonwealth

Recognized as Top 10 Best Lawyers in Virginia and Other Awards

Attorney John Naumovski has received numerous awards and recognitions from Multiple Legal Organizations throughout Virginia and Nationally.

For instance, in 2020, Attorney Naumovski was named top 10 DUI lawyer in Virginia for Client Satisfaction by the American Institute of DUI Attorneys.

Named Best in the City 2021, by City’s Best Awards

In addition, Attorney John Naumovski was named one of the top 10 Best Criminal Defense Lawyers under 40 for the state of Virginia  by NACDA.

In recent years, Attorney John Naumovski was recognized as one of the top Lawyers of the Year in the Hampton Roads area by Coastal Virginia Magazine.

Named a Top 10 Attorney in Virginia by National Academy of Criminal Defense Attorneys for 2021

In addition, he was nominated in 2014 to be a founding member of the American Association of Premier DUI Attorneys and rated as one of the top 100 DUI/DWI lawyers by National Advocacy for DUI Defense, 2015.

Named a Top 10 Attorney in Virginia by Attorney and Practice Magazine for 2021

Attorney John Naumovski has repeatedly been recognized by the National Trial Lawyers Association as one of the top 100 Criminal Defense Lawyers in Virginia.

Best Virginia DWI Attorney

In addition, repeatedly both the National Trial Lawyers Association and the American Society for Legal Advocates recognized attorney Naumovski as one of the top 40 under 40 Criminal Defense Lawyers in Virginia.

Attorney Naumovski has a perfect 10.0 AVVO Rating and the law firm itself has a A+ Better Business Bureau Rating.

To learn more about attorney Naumovski visit his individual page.

Understanding Differences between Virginia DUI and DWI

To start with, the terms:  drunk driving, driving while intoxicated, DUI and DWI are the same thing and all charged under 18.2-266 of the Virginia Code of 1950, as amended, and are used interchangeable on this website.   If you are under 21, then you may have been charged under 18.2-266.1.   If you are accused of being under the influence while boating (BUI), then the charge is under 29.1-738.

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DUI Lawyers in Virginia

The law firm specializes in defending clients charged with criminal-traffic matters.   This website was designed specifically for individuals charged with DUI/DWI and provides answers that you may have about your

Pulled over? Alleged to be drinking too much?

charge, including, the law firm’s in-house developed  checklist of DUI Defenses or errors that Virginia law enforcement can make during a DUI.  After that, please contact the law firm (for a free initial consultation) and to start working on defending you against your charge(s).

The most important thing to remember is that a good DUI Defense doesn’t start the minute you walk into  a court room, but when you retain an experienced DUI/DWI defense attorney.

Virginia DUI Penalties

Virginia First Offense DUI

DUI/DWI first offense is a Class 1 criminal misdemeanor

Up to 1 year in jail

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Second Offense DUI w/ 5 and w/ 10 years

Being charged with a second offense means that the Commonwealth Attorney has evidence showing that you been charged with a “substantial similar” DUI in the past 5 to 10 years.  The penalties for a 2nd offense DUI conviction are severe as they are enhanced compared to a first offense.

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Third Offense DWI w/ 5 years and w/ 10 yrs

A Third Offense DUI in Virginia with respect to Penalties is based on whether the offense occurred within 5 years or within 10 years of the two prior offenses.

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Is this the first time you been Arrested? 

Being charged with a Virginia DUI (also known as a DWI) is a serious matter.  Most people charged with a DUI are arrested on the spot and for many individuals it is the first time they are having a substantial interaction with law enforcement and the judicial system.  It is a normal reaction for a person charged with a serious criminal-traffic offense, such as a DUI, to feel confused as to how to go forward and fearful of the consequences that can result from a DUI.

What Will happen at a DUI Trial? 

At trial, it is up to the prosecution to prove beyond a reasonable doubt that you are guilty of the charge. In that effort, the prosecutor will attempt to present evidence showing impairment. Evidence includes what was gathered during interaction with the police and the breathalyzer test results (if one was taken) as well as eye-witness testimony if the DUI stems from an accident.

What does Driving Under the Influence mean?

Driving under the influence means that due to consumption of alcohol (or drugs, including prescription drugs) a person’s ability to drive was impaired to the point that they no longer could legally drive. The reason why the police give a breathalyzer test is to determine whether the results (.08 of BAC or higher) would create a presumption of impairment at time of driving. So for example, someone who blows a .08 is presumed to be impaired at time of driving. It should be noted that this is only a presumption and not a conclusion of law and as such may be refuted.  

Defending a DUI Charge

Below is a description of the gathering of evidence by the police that is often used later in a trial:

When the police suspect someone of driving drunk, they first make a note as to whether the driver is committing a traffic violation(s) (speeding, failure to put on a turn signal, etc.) or because of weaving in a lane. Once the police note such driving behavior, they are permitted to pull over the driver. For DUIs originating from an accident, the police are permitted to arrive on the scene and question the persons involved in the accident (called the care taker rule).

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