Virginia Federal Lawyers

If you have been charged with DUI / DWI which took place on a road owned by the Federal government, National Park Service land, place on federally owned property, including military bases or other government-owned lands or roads, such as the GW Parkway and the Pentagon parking lot then you will be prosecuted in a Federal court.

Under 36 CFR 4.23 Operating under the influence of alcohol or drugs

"(a) Operating or being in actual physical control of a motor vehicle is prohibited while:

      (1) Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or

      (2) The alcohol concentration in the operator's blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator's blood or breath, those limits supersede the limits specified in this paragraph."

Below is a sample case of federal DUI in Virginia as interpreted by a lawyer in our firm.

Have you been charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI and need a lawyer to defend you?

Are you concerned about the consequences of being charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI?

For a lot of our clients, a charge of federal DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of federal DUI in Virginia.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Grey v. United States

Facts:

Defendant was charged with two violations of 36 C.F.R. § 4.23(a), driving under the influence (DUI), and a violation of 36 C.F.R. § 2.35(c), intoxication in a national park. At trial, defendant moved for a judgment of acquittal on all the charges. At the close of evidence, the court took defendant's motions for judgment of acquittal under advisement to issue a written ruling.

If you are facing a federal DUI case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Federal Court made the following holding:

• The language of 36 C.F.R. § 4.23(a) requires that the defendant either operate a vehicle or be in actual physical control while under the influence of alcohol. Under Virginia law, operating or being in actual physical control of a vehicle while intoxicated has been interpreted to constitute initiating mechanical operations of a vehicle. Where the defendant does not engage the mechanical or electrical equipment of his car, the defendant did not drive or operate the car within the meaning of the statute. For purposes of driving under the influence charges, actual physical control may remain when the vehicle is capable of readily being made operable, or of being put into motion as by coasting.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.



These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

If you have been charged with DUI / DWI which took place on a road owned by the Federal government, National Park Service land, place on federally owned property, including military bases or other government-owned lands or roads, such as the GW Parkway and the Pentagon parking lot then you will be prosecuted in a Federal court.

Under 36 CFR 4.23 Operating under the influence of alcohol or drugs

"(a) Operating or being in actual physical control of a motor vehicle is prohibited while:

(1) Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or

(2) The alcohol concentration in the operator's blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator's blood or breath, those limits supersede the limits specified in this paragraph."

Below is a sample case of federal DUI in Virginia as interpreted by a lawyer in our firm.

Have you been charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI and need a lawyer to defend you?

Are you concerned about the consequences of being charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI?

For a lot of our clients, a charge of federal DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of federal DUI in Virginia.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Harry v. United States

Facts:

Defendant army sergeant was arrested for driving under influence (DUI) when he attempted to enter an army facility. He filed a motion in limine to exclude the evidence of his performance on the field sobriety tests, asserting that it was inadmissible under Fed. R. Evid. 702 and the Daubert/Kumho Tire tests. Plaintiff government opposed the motion, and a two-day evidentiary hearing was held pursuant to Fed. R. Civ. P. 104(a).

If you are facing a federal DUI case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Federal Court made the following holding:

• The results of properly conducted standard field sobriety tests may be considered to determine whether probable cause exists to charge a driver with driving while intoxicated or under the influence of alcohol.
• The results of the standard field sobriety tests, either individually or collectively, are not admissible for the purpose of proving the specific blood alcohol content of a driver charged with driving while intoxicated or driving under the influence of alcohol.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.


These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

If you have been charged with DUI / DWI which took place on a road owned by the Federal government, National Park Service land, place on federally owned property, including military bases or other government-owned lands or roads, such as the GW Parkway and the Pentagon parking lot then you will be prosecuted in a Federal court.

Under 36 CFR 4.23 Operating under the influence of alcohol or drugs

"(a) Operating or being in actual physical control of a motor vehicle is prohibited while:

       (1) Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or

       (2) The alcohol concentration in the operator's blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator's blood or breath, those limits supersede the limits specified in this paragraph."

Below is a sample case of federal DUI in Virginia as interpreted by a lawyer in our firm.

Have you been charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI and need a lawyer to defend you?

Are you concerned about the consequences of being charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI?

For a lot of our clients, a charge of federal DUI can result in the loss of their job, their security clearance, etc.
Don’t risk going to court without a lawyer, if you have been charged with a crime of federal DUI in Virginia.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Sandra v. United States

Facts:

Defendant challenged a judgment of a United States Magistrate Judge, who found her guilty of driving under the influence (DUI) in violation of 36 C.F.R. § 4.23(a) (1992) and reckless driving in violation of 36 C.F.R. § 4.2 (1992) on federal property.

If you are facing a federal DUI case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Federal Court made the following holding:

• The Code of Federal Regulations provides that unless specifically addressed by regulations in this chapter, traffic and the use of vehicles within a park area are governed by state law. 36 C.F.R. § 4.2(a) (1992).
• Because reckless driving is an offense not specifically enumerated in the Code of Federal Regulations, 36 C.F.R. § 4.2 (1992) applies to incorporate the Virginia Code provisions which prohibit the offense. Va. Code Ann. § 46.2-852 (1989 & Supp. 1992). However, the offense of driving under the influence and the procurement of blood samples for such a charge are specifically addressed in 36 C.F.R. § 4.23(a) (1992). Therefore, 36 C.F.R. § 4.2 (1992) is inapposite.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.


These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

If you have been charged with DUI / DWI which took place on a road owned by the Federal government, National Park Service land, place on federally owned property, including military bases or other government-owned lands or roads, such as the GW Parkway and the Pentagon parking lot then you will be prosecuted in a Federal court.

Under 36 CFR 4.23 Operating under the influence of alcohol or drugs

"(a) Operating or being in actual physical control of a motor vehicle is prohibited while:

(1) Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or

(2) The alcohol concentration in the operator's blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator's blood or breath, those limits supersede the limits specified in this paragraph."

Below is a sample case of federal DUI in Virginia as interpreted by a lawyer in our firm.

Have you been charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI and need a lawyer to defend you?

Are you concerned about the consequences of being charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI?

For a lot of our clients, a charge of federal DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of federal DUI in Virginia.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Hill v. United States

Facts:

Where an officer arrested defendant for driving under the influence (DUI) of alcohol, suppression of evidence seized during an inventory search was not warranted under the Fourth Amendment, because the officer stopped him based upon his observation of defendant's drifting as well as his texting while driving, and the magistrate judge found the officer's specific, articulable observations to be credible.

If you are facing a federal DUI case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Federal Court made the following holding:

• The Fourth Amendment guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. U.S. Const. amend. IV.
• An officer's subjective intent in initiating a stop is irrelevant to a court's analysis under the Fourth Amendment. The reasonableness of a traffic stop under the Fourth Amendment is an objective standard.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.


These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

If you have been charged with DUI / DWI which took place on a road owned by the Federal government, National Park Service land, place on federally owned property, including military bases or other government-owned lands or roads, such as the GW Parkway and the Pentagon parking lot then you will be prosecuted in a Federal court.

Under 36 CFR 4.23 Operating under the influence of alcohol or drugs

"(a) Operating or being in actual physical control of a motor vehicle is prohibited while:

      (1) Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or

      (2) The alcohol concentration in the operator's blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator's blood or breath, those limits supersede the limits specified in this paragraph."

Below is a sample case of federal DUI in Virginia as interpreted by a lawyer in our firm.

Have you been charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI and need a lawyer to defend you?

Are you concerned about the consequences of being charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI?

For a lot of our clients, a charge of federal DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of federal DUI in Virginia.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Darwin v. United States

Facts:

Defendant filed a motion to suppress the results of a breathalyzer test after he was charged with driving while intoxicated, driving while under the influence of alcohol (DUI), driving while under the influence of drugs or a combination of drugs and alcohol, driving on a highway at a time when the defendant's privilege to drive was suspended, and failing to display drivers license upon demand of a uniformed police officer.

If you are facing a federal DUI case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Federal Court made the following holding:

• It is clear that an individual may be compelled to take a chemical test so long as there are reasonable grounds to believe that the person was driving a motor vehicle while under the influence of alcohol or drugs. Of course, unreasonable physical violence in administering the test would likely not be sanctioned and would likely invalidate the test.
• An operator of a commercial vehicle is deemed to be driving under the influence of alcohol if the individual's blood alcohol concentration level is at or above .04 percent.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.


These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

If you have been charged with DUI / DWI which took place on a road owned by the Federal government, National Park Service land, place on federally owned property, including military bases or other government-owned lands or roads, such as the GW Parkway and the Pentagon parking lot then you will be prosecuted in a Federal court.

Under 36 CFR 4.23 Operating under the influence of alcohol or drugs

"(a) Operating or being in actual physical control of a motor vehicle is prohibited while:

     (1) Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or
     (2) The alcohol concentration in the operator's blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator's blood or breath, those limits supersede the limits specified in this paragraph."

Below is a sample case of federal DUI in Virginia as interpreted by a lawyer in our firm.

Have you been charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI and need a lawyer to defend you?

Are you concerned about the consequences of being charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI?

For a lot of our clients, a charge of federal DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of federal DUI in Virginia.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Williams v. United States

Facts:

Defendant appeals from his convictions of involuntary manslaughter (18 U.S.C. § 1112 (1988)), reckless driving (Va. Code Ann. § 46.2-852 (Michie 1989)) assimilated by 18 U.S.C. § 13 (1988)), driving while intoxicated ( 36 C.F.R. § 4.23(a)(2) (1992)), and driving while under the influence (DUI) of alcohol ( 36 C.F.R. § 4.23(a)(1) (1992)).

If you are facing a federal DUI case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Federal Court made the following holding:

• In evaluating the sufficiency of the evidence to support a conviction, the relevant question is whether, viewing the evidence in the light most favorable to the government, any rational trier of facts could have found the defendant guilty beyond a reasonable doubt. The court must consider circumstantial as well as direct evidence, and allow the government the benefit of all reasonable inferences from the facts proven to those sought to be established. The court does not weigh evidence or review the credibility of witnesses in resolving issues of substantial evidence. Circumstantial evidence need not exclude every reasonable hypothesis of innocence.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.


These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

If you have been charged with DUI / DWI which took place on a road owned by the Federal government, National Park Service land, place on federally owned property, including military bases or other government-owned lands or roads, such as the GW Parkway and the Pentagon parking lot then you will be prosecuted in a Federal court.

Under 36 CFR 4.23 Operating under the influence of alcohol or drugs

"(a) Operating or being in actual physical control of a motor vehicle is prohibited while:

(1) Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or

(2) The alcohol concentration in the operator's blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator's blood or breath, those limits supersede the limits specified in this paragraph."

Below is a sample case of federal DUI in Virginia as interpreted by a lawyer in our firm.

Have you been charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI and need a lawyer to defend you?

Are you concerned about the consequences of being charged with federal DUI in Virginia and you are wondering what the penalty is for federal DUI?

For a lot of our clients, a charge of federal DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of federal DUI in Virginia.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Richardson v. United States

Facts:

Where an officer arrested defendant for driving under the influence (DUI) of alcohol, suppression of evidence seized during an inventory search was not warranted under the Fourth Amendment, because the officer stopped him based upon his observation of defendant's drifting as well as his texting while driving, and the magistrate judge found the officer's specific, articulable observations to be credible.

If you are facing a federal DUI case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Federal Court made the following holding:

• Because an automobile stop is a seizure of a person, the stop must comply with the Fourth Amendment's requirement that it not be "unreasonable" under the circumstances. As a result, such a stop must be justified by probable cause or a reasonable suspicion, based on specific and articulable facts, of unlawful conduct. When an officer observes a traffic offense—however minor—he has probable cause to stop the driver of the vehicle. The reasonable suspicion standard is less demanding than probable cause, and requires only specific and articulable facts which, taken together with rational inferences from those facts, evince more than an inchoate and unparticularized suspicion or hunch of criminal activity.
• The Federal Magistrates Act gives federal magistrate judges consent jurisdiction over petty offenses and misdemeanors. 28 U.S.C.S. § 636(a)(3)-(5).

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.



These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.