Naum Estevez, PLLC serves Northern Virginia with proven experience in DUI and DWI Cases

The dedicated and experienced attorneys at Naum Estevez can handle all your criminal defense needs. With over 25 years of combined experience, we aggressively defend your rights against criminal charges.
 
SPEEDING TICKETS  |  TRAFFIC OFFENSES  |  RECKLESS DRIVING  |  ASSAULT  |   LARCENY  |  MALICIOUS WOUNDING  |  DOMESTIC ASSAULT/BATTERY  |  DRUG CHARGES  |  DRUNK IN PUBLIC  |  POSSESSION OF ALCOHOL BY A MINOR  |  PROSTITUTION  |  SOLICITATION  |  FRAUD  


VIRGINIA DUI/DWI TRIAL ATTORNEYS

Have you been told that it is not possible to win a DUI/DWI in Virginia? If so, you were not likely talking to an Aggressive Virginia DUI/DWI Trial Attorney. Any experienced trial attorney knows that a Not Guilty verdict at trial is possible. Why is that? It is because the court only judges the evidence and testimony that is presented and properly admitted to the court. While the chances of success at most criminal trials is relatively low, it is always a possibility. Your chances of success and a victory increase with an experienced trial lawyer.

THE EXPERIENCED ATTORNEYS AT NAUM ESTEVEZ ARE SUCCESSFUL, AWARD-WINNING DUI/DWI TRIAL ATTORNEYS. WE ARE DEDICATED TO YOU AND YOUR FUTURE. WE HAVE THE EXPERIENCE, KNOWLEDGE AND DETERMINATION TO GET YOU THE BEST POSSIBLE OUTCOME FOR YOUR CASE. CALL US TODAY FOR A FREE CONSULTATION. WE ANSWER CALLS AFTER HOURS.

Proudly serving Prince William County, City of Manassas, Fairfax County, City of Fairfax, Culpeper County, Loudoun County, Stafford County, Dale City, Woodbridge, Bristow, McLean, Louisa County, Greene County, Madison County, Herndon, Reston, Arlington, Alexandria, Orange County, Fauquier County, Front Royal, Manassas Park and all Northern Virginia and Surrounding areas. Please call us for availability.

ADVANTAGES TO HIRING AN AGGRESSIVE TRIAL DUI/DWI ATTORNEY LIKE NAUM ESTEVEZ, PLLC

There are many advantages for a client who is represented by an experienced DUI/DWI trial attorney. A DUI/DWI trial attorney starts looking at the facts of the case with the idea of what a trial might look like rather than talking about how to plea you guilty to a DUI/DWI. First thoughts to a DUI/DWI trial attorney are:

·       Are there 4th Amendment or 5th Amendment violations and therefore suppressible evidence?

·       Did the officer administer NHTSA Standardized Field Sobriety Tests properly?

·       Was there breathe sample or is the officer claiming Unreasonable Refusal?

·       Was there a blood test and was it done properly?

·       Does the client have any medical conditions that would affect physiology or toxicology?

·       What was the location of the police encounter?

·       What was the timing of events?

·       MOST IMPORTANTLY, what does the client say happened?

The information that a client provides to a DUI/DWI trial attorney is important and vital information for a lawyer. Dedicated, determined, and committed lawyers use this information to prepare for trial and cross-examination of an officer.

Also, if trial ends up not being the right course of action for your goals of the case, an attorney that is prepared to go to trial is more likely to get you the best possible plea agreement for your case. After all, why would a prosecutor offer you a sweetheart deal if they believe that they can prove their case and they have no reason to offer you something other than what you are charged with?

HIRE AN ATTORNEY WHO KNOWS DUI/DWI LAW. HIRE AN ATTORNEY WHO WILL FIGHT FOR YOUR RIGHTS. HIRE AN ATTORENY YOU CAN TRUST. CALL NAUM ESTEVEZ TODAY TO TALK ABOUT YOUR CASE AND SEE WHAT WE CAN DO FOR YOU.


2017 RECENT TRIALS OF NAUM ESTEVEZ

When choosing a trial attorney for your case, a lawyer should be able to point to recent trials and discuss them with you. Awards show an attorney’s reputation in the community but if the attorney has not won a DUI/DWI trial recently, you may want to seek representation that is currently winning trials. Like speaking a different language - if you don’t use it; you lose it. Same with trial DUI/DWI attorneys. The more often an attorney is in trial zealously representing clients and winning, the sharper the attorney is for handling various trial issues.

November 2, 2017
DUI 1st .17 Dismissed

Our client was charged with DUI 1st in Prince William County with an elevated BAC .15 < .20. The officer testified at trial and the defense team played the body camera footage of the encounter. The video did not match the officer’s account of the facts. The client spoke clearly, did not appear to have bloodshot/glassy eyes and was stable when standing, walking and doing the field sobriety tests. We challenged whether there was probable cause to arrest and the judge determined the client’s 4th Amendment right to unreasonable searches and seizures was violated. Case Dismissed.

October 3, 2017
DUI 1st, Unreasonable Refusal and Speeding Tickets Nolle Prosequi at Trial

In Fairfax County, our client was stopped for allegedly speeding. He pulled over and the officer conducted a series of field sobriety tests. This was a situation where the officer was not prepared to testify at trial. He did not know how to proper administer field sobriety tests, did not properly take notes and provide them, did not fill out the paperwork correctly and overall was unable to articulate in any meaningful way what made him think our client was intoxicated. At the conclusion of the Commonwealth’s case, the defense made a motion to strike the Commonwealth’s evidence and the prosecutor agreed and decided to Drop All Charges.

September 7, 2017
DUI 1st .12 Not Guilty

After being found guilty in Culpeper General District Court, our client decided to appeal to the Circuit Court. We were able to use the information from the first trial’s transcript to prepare for the new trial in Culpeper Circuit Court. In this case, the officer was not honest about his training in the first trial. We were able to investigate and research the officer’s training to discover the truth. This new information put his credibility in question when looking at the central issue of the case which was whether there was alcohol influence on the client before or after operation of the vehicle. At this bench trial, the judge found our client Not Guilty.

August 17, 2017
DUI 1st .15 Dismissed

In Prince William County General District Court, our client to go to trial to determine whether or not a judge would find him guilty beyond a reasonable doubt. During the trial, it was clear from the officer’s testimony that there was an additional set of notes that were not produced. Additionally, these notes appeared to be very important because he was unable to clearly testify on the stand about what occurred with our client without a different set of notes. The defense objected to this testimony on Brady grounds, among other, and at the conclusion of the arguments, the court Dismissed the Case.

April 27, 2017
DWI 2nd Offense and Driving on Suspended 3rd Offense – All Not Guilty

In Fairfax County, our client had been working with another attorney. When the client decided to change attorneys, we were happy to step in. In this case, there was a video of the encounter and a blood test. The blood was taken from our client in violation of his 4th Amendment rights without a search warrant and therefore it was not admitted into evidence at trial. The video showed the truth about my client’s speech, ability to walk, ability to complete the field sobriety tests, and my client’s overall sobriety. At the close of all evidence, the judge found our client Not Guilty.

THE ATTORNEYS AT NAUM ESTEVEZ KNOW WHAT IT TAKES TO WIN A VICTORY FOR A DUI/DWI CHARGE AND ANSWER CALLS AFTER HOURS. WE ARE HERE TO TALK YOU ABOUT YOUR CASE AND HOW TO STRATEGICALLY PLAN FOR THE BEST POSSIBLE OUTCOME FOR YOU. CALL US TODAY FOR A FREE CONSULTATION.

Proudly serving Prince William County, City of Manassas, Fairfax County, City of Fairfax, Culpeper County, Loudoun County, Stafford County, Dale City, Woodbridge, Bristow, McLean, Louisa County, Greene County, Madison County, Herndon, Reston, Arlington, Alexandria, Orange County, Fauquier County, Front Royal, Manassas Park and all Northern Virginia and Surrounding areas. Please call us for availability.

NO TWO CASES DUI/DWI ARE THE SAME

If you have ever been told that every DUI/DWI case is the same, then you have been told a lie.

1.     FACT - not all cases involve alcohol or illegal drugs. This is startling to many people. Yes, you can be arrested, charged and found guilty of a DUI/DWI on lawfully doctor prescribed drugs taken in the proper dosage. Additionally, it is perfectly lawful for an adult to consume an alcoholic beverage and drive or operate a motor vehicle so long as they are not under the influence of that beverage.

2.     FACT - every case has different facts. No two people or situations are completely identical because there are many variables that surround a DUI/DWI arrest. One change in any fact can be the difference between a Guilty or a Not Guilty verdict.

3.     FACT - who is prosecuting the case and who is hearing the case can make a big difference in an outcome. A trial attorney knows the counties they practice in, knows the judges and knows the prosecutors. This knowledge helps you make the best and most informed decision.

This is a very complex area of law. And while no one can guaranty or say for sure what the outcome of your case will be, an experienced trial attorney who practices regularly in the world of DUI/DWI in Virginia will give you an advantage in your case. Additionally, trial attorneys know that communication is paramount to a successful trial. If you want an attorney that listens, cares and respects what occurred when you encountered with the police officer, then you want one who is preparing for a potential trial. We are listening closely to each and every word our client says.

WE AT NAUM ESTEVEZ KNOW YOU ARE UNIQUE. WE KNOW THAT YOU HAVE FAMILY, CAREERS, AND RESPONSIBLITIES. WE ARE HERE TO DEFEND YOUR RIGHTS AND YOUR FUTURE. CALL US TODAY AND LET US KNOW HOW WE CAN HELP YOU NOW.

SEARCHING THE INTERNET FOR YOUR DUI/DWI LAW QUESTIONS

It is very normal for a person charged with DUI or DWI to search the internet or discuss with friends answers to some of the following questions:
 
•  How much time will I really be spending in jail?
•  Can they really find me guilty if I was just sitting in a car with it running?
•  Do I need a lawyer; it’s only my first offense?
•  What defenses could I possible have when I was driving after drinking?
•  Can I drive for any reason if I’m convicted?

The attorneys at Naum Estevez can personally answer all your questions one-on-one in an in-person, face-to-face consultation. Phone consultations are also available. This will be the best information for you. Please be sure to have your questions ready. CALL US TODAY TO SET UP A FREE CONSULTATION.  

DUI/DWI LAWS OF VIRGINIA

A first-time offense is very different from a third and the result or lack of result from a breath or blood test will change the possible outcomes. You need to have a specialized consultation that is specific to you and the best information will be obtained from an attorney who practices regularly in DUI / DWI law in Virginia.

Virginia Criminal Code § 18.2-266 – DRIVING UNDER THE INFLUENCE

“It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth.”

 IMMEDIATE LICENSE SUSPENSION WARNING

Upon arrest, a suspect’s driver’s license may be immediately administratively suspended for a duration that depends on whether this is a first, second or subsequent DUI / DWI offense. If they wish to contest this administrative license suspension, an accused must appear and petition the court.

 PROTECT YOUR MONEY AND YOUR REPUTATION

Once convicted, a DUI / DWI may cause insurance rates to rise sharply.  You will be required to carry FR44 insurance in Virginia if you are convicted and want to continue to drive. You will need to carry this additional and expensive insurance for at least 3 years. The financial costs to a DUI/DWI are significant and include:

-        No less than a $250.00 fine but up to $2500 (for a first offense) plus court cost which start at over $200.00;

-        Enrollment in ASAP which is no less than $400.00;

-        Installation and monthly monitoring of an ignition interlock device which is no less that $300;

-        Increased insurance rates; and

-        Hiring a taxi or Uber for driving that is not covered by your restricted license.

If this is a second (or subsequent) offense, the carrier could cancel an auto insurance policy.  Those convicted of a DUI / DWI are ordered to have an ignition interlock device installed in their vehicle, even if this is a first offense if they wish to have a restricted license. The minimum amount of time that this device must remain on their vehicle is six months.

However, the greater cost is the damage to your reputation. There is an undeniable sigma associated with a DUI/DWI conviction. Possible consequences include strain on your family and friends, loss of career or job, and distrust from your community. 
 
From the Traffic Stop to Being Charged with DUI / DWI

Police officers must have reasonable articulable suspicion to stop the vehicle of the accused.  Officers may not pull over a vehicle on a mere hunch, there must be some driving behavior or circumstances that give the officer reasonable suspicion that a crime has occurred or is afoot.

After observing the driving behavior and the answers to an initial interview, the officer may request that the driver take a series of roadside Field Sobriety Tests (FSTs) or Standardized Field Sobriety Tests (SFSTs) that are developed by NHTSA.  They are based on the suspect’s ability to demonstrate physical coordination and mental acuity (or lack of it due to their condition).  Suspects may decline to take these tests without legal punishment, but if a driver shows impairment during any or all of these tests, the officer may arrest him or her on suspicion of DUI / DWI.

Once the suspect arrives at the police station, a test is administered to determine the blood alcohol content of the accused, usually with a Breathalyzer.  Suspects may decline to submit to this test as well, but the punishment, if found guilty of Unreasonable Refusal is loss of their driver’s license for a year [V.C.C. § 18.2-268.3].  This statutory suspension prohibits the suspect from requesting a restricted license for their suspension period.
 
And though BAC tests are strong evidence against suspects, they are not bulletproof.  A seasoned Virginia DUI / DWI lawyer can often contest this evidence if any of the following can be proved:
 
•  The test was improperly administered.
•  The device was not properly calibrated.
•  If the suspect was administered a blood test, which is preferred if he or she is being treated for injuries from an accident, the blood was mishandled (and possibly contaminated), which makes it inadmissible.
•  The officer did not actually have reasonable articulable suspicion to pull over the vehicle or lacked probable cause to arrest the accused.
 
DUI / DWI cases may involve numerous constitutional issues and challenges that could include your 4th Amendment rights against unreasonable searches and seizures, 5th Amendment rights against self-incrimination, and 6th Amendment right to confront your accuser.  There is much case law devoted solely to the practice of DUI / DWI in Virginia and having an aggressive and experienced attorney who regularly practices in this area could be vital to the success of achieving the best possible outcome for your case. Not all defenses are available for all cases because each case is unique.
 
Penalties Depend on the Number of DUI Convictions
 

The following are some factors that determine the degree of the penalty.  They include:
 
•  The accused’s BAC level (even if it is below 0.08).
•  The number of previous convictions and the timing of those prior convictions.
•  Whether there were any minors in the vehicle when the driver was arrested.
 
The penalty for first-time DUI / DWI conviction can be up to 12 months in jail, but it is rare that the maximum punishment be imposed for a first offense.  A fine as high as $2,500 could also be levied, but seldom is it that much for a first offense.  However, by statute, the driver’s license is suspended for a year for a first offense and this is not negotiable. A restricted license is frequently granted for first time offenders but ignition interlock is required for at least 6 months. A second conviction also has a maximum fine of $2,500, a mandatory minimum period of jail time (with a one-year maximum), and a three-year license suspension.  A third conviction is a felony with even more serious jail sentences and consequences and indefinite driver’s license suspension [V.C.C. § 18.2-270]. 
 
The penalties for driving under the influence (DUI/DWI) can be very severe in Virginia. However, a serious misconception amongst both the public and attorneys are that all DUIs are the same. This is not true.  Each person charged with a DUI / DWI will a different set of facts and circumstances unique only to them.  By mounting a compelling defense, your attorney can negotiate with the prosecution to drop, reduce or change the charge, or present your case to a judge at a trial.
 
It is important to tell your attorney everything that you remember.  If you have been arrested for DUI / DWI, it is important to write down and record everything you remember hearing, saying and doing before, during and after the arrest as quickly as possible. Accurate information is important for your lawyer to have so that a defense can begin to be built immediately and you can be protected from any damaging information that may be claimed.
 
Equipped with all the information you have pertaining to your case, an attorney can sit down with you and evaluate the possible defenses and obstacles your case presents. A preliminary evaluation can provide you with invaluable information. However, it is important to understand that new information or facts may be presented by the prosecution during the litigation of the case that could change the initial assessment.
 

Whether you’re facing a DUI / DWI charge for the first time or a repeat offender, Naum Estevez, PLLC in Manassas, VA and throughout Virginia, can provide you with a DUI / DWI attorney who will work hard to help. Our clients receive local representation, and every case we handle gets personal attention us.
 
Our firm is fully licensed and insured to practice throughout the State of Virginia. We offer reasonable rates and fees, convenient office hours, and flexible appointment scheduling. We understand the great importance of excellence in client service, and if you’ve been charged with a DUI/ DWI, our lawyer can work to represent you by:
 
•  Explaining the charges, the potential ramifications, and your options
•  Helping you choose the ideal defense strategy for your circumstances
•  Negotiating with prosecutors and representing you before a judge if necessary
 
The Naum Estevez, PLLC understands good people sometimes make mistakes or are wrongly accused, and we want to provide the DUI / DWI attorney to help you. If you have any questions or want to schedule a consultation with us, don’t hesitate to call. We represent clients throughout Northern and Central Virginia and the surrounding region, and we’d welcome the opportunity to represent you.
 

Please call Naum Estevez, PLLC for a consultation today.  Please be sure to bring all paperwork given you by the police that is in your possession, a detailed account of what occurred to the best of your memory, your driving record, and any other information that you think might be helpful to your case.  We look forward to helping you through this difficult but manageable time in your life.

NEED A VIRGINIA CRIMINAL DEFENSE ATTONEY FOR SOMETHING ELSE?

SPEEDING TICKETS  |  TRAFFIC OFFENSES  |  RECKLESS DRIVING  |  DUI/DWI  |  ASSAULT  |   LARCENY  |  MALICIOUS WOUNDING  |  DOMESTIC ASSAULT/BATTERY  |  DRUG CHARGES  |  DRUNK IN PUBLIC  |  POSSESSION OF ALCOHOL BY A MINOR  |  PROSTITUTION  |  SOLICITATION  |  FRAUD  

Proudly serving Prince William County, City of Manassas, Fairfax County, City of Fairfax, Culpeper County, Loudoun County, Stafford County, Dale City, Woodbridge, Bristow, McLean, Louisa County, Greene County, Madison County, Herndon, Reston, Arlington, Alexandria, Orange County, Fauquier County, Front Royal, Manassas Park and all Northern Virginia and Surrounding areas. Please call us for availability.