DUI

Definition & Distinction from State DUI

When most people think of DUI charges, they envision state laws and local police stops. However, a Federal DUI is a distinct category of offense that occurs on federal property.

This can include:

• National parks
• Military bases
• Government-owned buildings and parking lots
• Federal courthouses
• Airports regulated by federal authorities
• National monuments
• Properties managed by the Bureau of Land Management (BLM)

Essentially, if you are found to be driving while under the influence of drugs or alcohol on any land owned by the federal government, you may find yourself facing federal DUI charges.

How Federal DUI Cases Are Pursued

The prosecution process for federal DUI cases differs from that of state-level DUI cases. If you are arrested for a DUI on federal land, you will be prosecuted by a U.S. Attorney and tried in a federal court. This means that federal legal standards and procedures will apply throughout your case. Federal DUIs are taken very seriously, and the penalties can be severe.

Federal DUI quick facts:

• 36 CFR § 4.23 defines a DUI as having a blood alcohol content of 0.08 or higher.
• A federal DUI on land managed by the National Park Service is a class B misdemeanor.
• You may face fines of up to $5,000.
• You may also be sentenced to up to 5 years of probation.
• Federal DUI charges on any other non-national park, federally owned land are typically sentenced according to state DUI guidelines.

The Assimilative Crimes Act & Federal DUIs Outside National Park Service Jurisdiction

The Assimilative Crimes Act (ACA) allows federal authorities to enforce state DUI laws on federal properties not governed by specific federal statutes (like those cases happening on National Park land). This means that if you are arrested for a DUI on federal land, the penalties and procedures will align with the DUI laws of the state in which the federal land is located. For example, if you are arrested for a DUI on Naval Air Station Oceana, you will likely be prosecuted based on Virginia's DUI laws.

Implied Consent in Federal DUIs

As with state DUIs, implied consent laws apply in federal DUI cases. This means that by driving on federal land, you automatically consent to submit to chemical tests if suspected of driving under the influence. Refusing these tests can result in severe consequences, including fines and an automatic license suspension.

What to Do If You Are Arrested for a Federal DUI

If you are arrested for a federal DUI, it is crucial to take immediate and strategic steps to protect your rights and build a solid defense. The first thing we encourage you to do is seek legal representation from a qualified attorney experienced in handling federal DUI cases.

Four steps to take if arrested on suspicion of a federal DUI:

1. Stay calm and compliant
2. Exercise your right to remain silent
3. Contact an attorney immediately
4. Document as much as possible

If you are arrested for a DUI while on federally owned land, The Law Offices of Daniel J. Miller is here to guide you. Our firm is highly experienced in handling both state and federal DUI cases, ensuring that we are well-equipped to address the unique challenges of your situation.

Our firm offers comprehensive DUI services, including cases involving:

• Underage DUI charges
• Out-of-state DUI charges
• Drug-based DUIs
• Breath test refusals
• Felony DUIs

We understand that facing federal charges can be daunting, but with our extensive knowledge and proven track record, you can trust us to provide robust legal support. From the moment of your arrest to the resolution of your case, The Law Offices of Daniel J. Miller is ready to put our experience to work for you.

Schedule a consultation online.

Understanding the Legal Principle

One aspect of Virginia's DUI law that many find confusing is the legal concept of "implied consent." In Virginia, operating a motor vehicle on any highway within the Commonwealth implies that you have agreed to submit to a chemical test to determine the alcohol or drug content of your blood if arrested for a DUI. This is found under § 18.2-268.2 of the Code of Virginia.

Essentially, drivers give advance consent to post-arrest testing. This testing can be crucial in a DUI case, as it helps establish whether a driver was under the influence of drugs or alcohol at the time of the arrest.

The statute specifically mentions that this consent extends to having samples of blood, breath, or both taken if the individual is arrested under suspicion of violating DUI laws and that this testing must occur within three hours of the alleged offense. This period is critical as it seeks to measure the driver's blood alcohol concentration (BAC) or drug levels close to the time of the driving to ensure accuracy and relevance to the case.

Consequences for Refusal

But what happens if you refuse to take the chemical test? Virginia law, specifically § 18.2-268.3, outlines the penalties for such refusal.

For a first refusal, the law deems it a civil offense and results in the suspension of the driver's privilege to drive for one year—a penalty that runs in addition to any other suspension related to a DUI charge.

However, the situation becomes significantly more severe with a second refusal within ten years, especially if the individual has a prior DUI conviction or previous refusal. In this case, the refusal counts as a Class 1 misdemeanor. The penalties for this are a loss of driving privileges for three years from the judgment date, in addition to any suspension tied to a DUI charge.

Blood or Breath: Does It Matter?

The law makes no distinction between refusing a breath test and refusing a blood test—the penalties are the same. What constitutes an "unreasonable refusal" might vary depending on the circumstances. Still, generally, if the court believes no legitimate reason existed for the refusal, it will likely find it unjustified, and the driver will face penalties.

What to Do If You Are Arrested & Refuse a Chemical Test

Understanding your rights and obligations under implied consent laws is important. Whether you're a resident or a visitor, recognizing the seriousness of implied consent can help guide your decisions and actions if faced with a DUI arrest. However, what happens if you have already refused a chemical test? Do you have options?

If you find yourself facing a DUI charge or dealing with the implications of refusing a chemical test in Virginia, it is strongly recommended to seek legal advice from a qualified attorney, like ours, at The Law Offices of Daniel J. Miller. We can help you assess your case, including your refusal to take a chemical test and help you identify legal strategies moving forward.

If you're dealing with a DUI case that a chemical test refusal has complicated, don't hesitate to reach out to our law firm to discuss your case and explore your options.

What Are Field Sobriety Tests (FSTs)?

When stopped on suspicion of DUI (Driving Under the Influence) in Virginia, law enforcement officers may ask you to perform a series of field sobriety tests. These are designed to assess your balance, coordination, and ability to perform tasks requiring divided attention.

Some of the most common field sobriety tests include:

• The Horizontal Gaze Nystagmus Test: Observing the eye movement as the suspect follows an object
• The Walk-and-Turn Test: Walking straight along a line, turning on one foot, and returning
• The One-Leg Stand Test: Standing with one foot off the ground and counting aloud

Can You Refuse Field Sobriety Tests in Virginia?

While you may feel obligated to comply with a police officer's request to perform a field sobriety test during a DUI stop, it's important to understand that you are not legally required to. You can respectfully decline these tests without legal penalty for refusal. In some cases, refusing a field sobriety test may be in your best interests.

What About Blood & Breath Tests?

Under Virginia's implied consent laws and § 18.2-268.3, refusing to submit to a blood or breath test when arrested for DUI is unlawful. Consequences of such refusal can include a one-year suspension of driving privileges for a first offense.

Implied consent laws mean that by simply driving on Virginia's roads, you agree in advance to submit to a blood or breath test if you're suspected of DUI. This agreement is a condition of being granted a driver's license in the state.

Why Are Field Sobriety Tests Considered Problematic?

Field sobriety tests can be subjective, and several factors unrelated to alcohol consumption can influence their reliability. Despite these tests being problematic, they continue to be administered as they provide law enforcement officers with preliminary assessments of impairment, which can be used to establish probable cause for a DUI arrest. Despite their subjective nature, they are also frequently used as part of the evidence in DUI prosecutions.

Circumstances in which an officer may erroneously assume someone is under the influence or impaired when they are not may include:

• Medical conditions: Certain medical conditions can affect balance and coordination.
• Nervousness: Anxiety from being pulled over might lead to poor performance on the tests.
• Environmental conditions: Poor weather or uneven road surfaces can affect test results.

Challenging Field Sobriety Tests in Court

Field sobriety tests can be a vital component of a DUI charge; their results are not infallible and can be challenged in court. An experienced DUI attorney might question the administration of these tests by highlighting inconsistencies in how the tests were conducted or by questioning the officer's interpretation of the results.

Furthermore, factors such as an individual's physical conditions, footwear, or even road conditions at the time of the test can be presented to cast doubt on the reliability of the FST conclusions. The subjective nature of these tests means that evidence from them can often be scrutinized and potentially discredited, giving defendants an avenue to contest charges based on their results.

Get Help Defending Against DUI Charges

If you're facing DUI charges in Virginia or you’ve been arrested for suspicion of a DUI, enlisting the aid of skilled legal representation is strongly recommended. At The Law Offices of Daniel J. Miller, we provide fierce advocacy and knowledgeable guidance throughout your case.

Don’t leave your future to chance—seek experienced counsel as soon as possible. For more information or to schedule a consultation, connect with The Law Offices of Daniel J. Miller today.

Back in the day, if you wanted to get somewhere and you didn’t have a car or didn’t want to drive your own vehicle, you would call a taxi. While taxis can be incredibly convenient, they are not available everywhere in the country and rates vary from service to service. In 2009, Uber was just getting started and was unaware of just how much they would change the transportation industry. Now that Uber and other rideshare services are mainstream, we’ve discovered an added bonus these companies provide.

Recently, the Journal of American Medical Association published a study showing that Uber’s presence in a city helps reduce the rate of accidents involving drunk drivers. In the study, researchers from the University of Texas Health Science Center at Houston examined DUI arrests and serious motor vehicle incidents in Houston between 2007 and 2019.

Their research found that after Uber came to Houston in 2014, motor vehicle collision traumas decreased by almost 24% on Friday and Saturday nights for all ages. For those under the age of 30, this number decreased by nearly 40%. Additionally, DUI arrests dropped significantly for every day of the week, and weekends saw the greatest reduction. In Houston’s city center, which had higher usage of Uber than the suburbs, all categories of impaired driving arrests decreased.

Uber says it has also gathered information from its rider base via surveys that shows riders who use their service avoid drinking and driving. Brooke Anderson, Uber’s director of product communications, has previously stated that “80% of riders say that Uber has helped them personally avoid drinking and driving.”

On the opposite side, a study published back in 2016 by the American Journal of Epidemiology found that the rise of Uber didn’t correspond to any decrease in fatalities because the people riding in an Uber were more likely to take taxis or public transportation instead of their own cars anyway.

While contradictory arguments continue about the effectiveness of rideshare services in decreasing drunk driving accidents, one thing is for sure: If you’ve been drinking and need to get somewhere, it’s much safer to take an Uber or other rideshare to your destination than drive yourself.

Cinco de Mayo is right around the corner. Over the last few years, the holiday has earned a reputation as one of the most dangerous days to be on the road. According to a 2021 AutoInsurance.org report, Cinco de Mayo is now ranked as the fifth most dangerous holiday for driving. That’s up five spots from the previous year, and it’s earned that spot due to the high frequency of drunk driving-related fatal crashes.

Being involved in a drunk driving accident can completely change your life, regardless of your role. If you’re the drunk driver, you could be looking at license suspension, fines, and possibly jail time on top of a potential lawsuit from the person you hit. If a drunk driver hits and injures you, no doubt you’ll deal with physical and emotional trauma. After you’ve sought out medical attention, you may want to consider legal action.

Being injured in a drunk driving accident entitles you to compensatory damages and possibly even punitive damages. The compensatory damages will help you receive compensation for medical bills, lost wages, physical injuries and pain, and even inconvenience. Punitive damages penalize the defendant for their actions and are paid in addition to any compensatory damages.

Not everyone involved in a drunk driving accident is eligible for punitive damages. In 1994, the Virginia legislature introduced a law that made proving punitive damage claims more uniform from case to case. In order for a plaintiff to pursue a punitive damage claim, three criteria have to be met.

The first is that the defendant’s blood alcohol content at the time of the crash meets or exceeds .15%. Second, the defendant knew or should have known their ability to operate a vehicle would be impaired. And third, the defendant’s intoxication was the cause of the plaintiff’s injury or death.

Being involved in a drunk driving accident can change your life permanently. If you’re in need of representation, please give our office a call.

St. Patrick’s Day is here and the holiday is always a festive time here in Virginia Beach. That means sobriety checkpoints will most likely be set up at multiple places that are well-populated with bars and restaurants. In this atmosphere, it’s not hard for even a well-intentioned, responsible person to get ensnared in the DUI (Driving Under the Influence) net.

DUI in Virginia comes with serious sanctions. Even a first offense can land you in jail for as long as a year. A third conviction can be penalized with up to five years behind bars. Even if you don’t get a jail sentence, DUIs still come with fines, they damage your record and make getting car insurance either more expensive or flat-out impossible. All of which is to say that if you’re arrested for DUI in the state of Virginia, it is imperative to have a defense lawyer who understands all the nuances of DUI law and how to challenge the prosecution’s case.

Rebuttable Presumption & DUI in Virginia

The amount of alcohol in your system can be measured in two ways, via a breathalyzer or a blood test performed by the Department of Forensic Science. The final measurement–your blood-alcohol level–will then create what’s called a rebuttable presumption in court.

• If your blood-alcohol level is 0.05 or below, you are presumed to not have been under the influence.
• If your blood-alcohol level is 0.08 or higher, you are presumed to have been driving under the influence.
• What happens if you fall in between 0.05 and 0.08? Then it’s a gray area, with external factors–how you were driving, acting, speaking, etc. –determining whether you were under the influence.

These above points are what is presumed. If you are charged with DUI, it’s the role of your defense attorney to provide the rebuttal to those presumptions.

4 Ways to Challenge a DUI Charge in Virginia

You might think that if your blood-alcohol level came back at 0.09 that you’re effectively convicted. That’s not necessarily true. There are several ways the legitimacy of your arrest and even the validity of your alcohol level test can be challenged in court.

Was There Reasonable Suspicion?

Police officers cannot simply pull someone over for no reason. There must be at least reasonable suspicion. This means the officer must give the court a concrete reason for the very fact you were stopped.

Common reasons that give rise to reasonable suspicion might be a car rolling through a stop sign or having an uncomfortably close relationship with the center line in the road. Even tapping the brakes for what seems to be an excessive number of times might give an officer reasonable suspicion.

Establishing reasonable suspicion is not a high bar for the prosecution. The police don’t have to suspect you of drunk driving, just of some sort of traffic violation.

Furthermore, the United States Supreme Court has upheld the validity of sobriety checkpoints. These will be out in force in Virginia Beach on St. Patrick’s Day, as they will be on other major holidays. The Supreme Court’s ruling essentially marks the very existence of a sobriety checkpoint as reasonable suspicion.

Even so, not every St. Patrick’s Day stop will be made at a checkpoint and it’s well possible that some of those stops won’t have a credible reason behind them. When a stop is made without reasonable suspicions, all evidence collected because of that stop–like the blood-alcohol level–cannot be presented in court. In a DUI case, that means there is no case.

Was There Probable Cause?

Probable cause is sometimes used interchangeably with reasonable suspicion, but that’s not legally accurate. They are two different concepts that take place at different stages of the arrest process.

Let’s presume the police officer had reasonable suspicion to pull you over. You were drifting a little too close to the center line. Probable cause is still required in any criminal case to open an official investigation.

What does that mean in DUI cases? An officer will almost surely ask if you’ve been drinking. If you answer yes, that answer alone is probable cause for a blood-alcohol test. Alcohol containers in the car also constitute probable cause. And the police can put you through a field test–the types of exercises where you must walk a straight line or touch your finger to your nose—as a means of establishing probable cause.

The legitimacy of probable cause can be challenged. Consider the field test. Not everyone has great hand-eye coordination and not everyone will walk a perfect straight line on a rocky shoulder of the road simply because a police officer told them to. Your field test is recorded by a dashboard camera in the police car. If you believe you’re getting a raw deal, tell your attorney. The camera footage must be made available to the legal defense team. It might be argued that this field test provided no basis for any subsequent investigation, therefore requiring evidence from that subsequent investigation to be dismissed.

Was the Breath Test Accurate?

Breathalyzer tests are not infallible. Defense attorneys can explore everything from the quality of the device to other factors in your health and diet that might have caused the blood-alcohol level to appear higher than it really was.

The device that measures your blood-alcohol level must have an error rate of less than 10 percent. The officer must have passed specific training and there are standards for how these devices are to be maintained when not in use. Failure by the state on any of these points can invalidate the results the breathalyzer device produces.

Furthermore, even if the device is accurate there are several very common dietary and medical reasons that can deceive the breathalyzer.

A person with acid reflux or diabetes will “blow a higher number” than they otherwise would. The same goes with heart disease or problems with the liver.

Certain types of foods can also deceive the system, notably bread and cakes. Did the establishment you were at for St. Patrick’s Day serve up some cookies with green frosting on them? Or some Irish soda bread? Any of these could take a blood-alcohol level that might otherwise have been legal and pushed it past the limit.

Was the Blood Test Accurate?

The factors that might impact the breath test could also apply to a blood test. What’s more, there are other requirements for a blood sample that the state of Virginia must follow.

Was your blood test drawn by someone trained and qualified to do so? In this time when healthcare facilities are understaffed, a lot of people might be forced into roles they haven’t received proper training for. Drawing blood for the purposes of a DUI test might be one of them, and if your lawyer catches on to this (which they should) it can invalidate any evidence the blood test provides.

Your blood test must also meet specific storage requirements. This is no legal technicality. Storage errors can affect the way blood ferments, which can in turn lead to an inaccurate reading.

Finally, your blood test must have its chain of custody documented. Who was in possession of the sample every step of the way, from the moment it was drawn to the moment its results were documented as evidence against you? The state must be able to show who possessed it. Your lawyer needs to make the state meet that burden of proof.

An arrest for DUI is a life-changing moment, but it doesn’t necessarily have to be a life-ruining moment. The state of Virginia has specific burdens of proof that must be met, and those burdens are higher than many people may realize. The Law Offices of Daniel J. Miller know how to fight for you with the detail-oriented tenacity that you need at this time in your life.

Call us today at (757) 267-4949 or contact us online to set up an initial consultation.

If you're like a lot of Americans, then you probably enjoy a good drink on St. Patrick's day. In 2018, almost 150 million people planned to celebrate the holiday in the U.S. - and it's safe to say that for many of them, those celebrations involved alcoholic beverages.

Today, we're looking at penalties for disorderly conduct and DUI charges in Virginia that could result from St. Patty's Day celebrations, and what you can do to protect yourself.

If you find yourself facing disorderly conduct or DUI charges, we’ll work with you to defend your rights. Contact our office online or via phone at (757) 267-4949">(757) 267-4949 to schedule a consultation with our team.

St. Patrick's Day in Virginia

Virginia is home to a plethora of amazing bars and locations that offer St. Patrick's Day celebrations. Even during COVID-19, it's safe to say that many Americans plan on getting together with friends to celebrate the holiday.

Unfortunately, celebrating safely isn't always easy when alcohol is involved. It's not uncommon for inebriated individuals to be charged with disorderly conduct or DUI. Understanding the penalties for these charges in Virginia can help incentivize people to stay safe:

Disorderly Conduct Penalties in Virginia

An individual can be charged with disorderly conduct if they cause public annoyance, inconvenience, alarm, or risk while being intoxicated or under the influence of other substances. Individuals can even be charged with disorderly conduct if they aren't willfully intoxicated.

An individual who commits an act of disorderly conduct could face Class 1 misdemeanor charges, resulting in up to one year in jail and/or up to a $2,500 fine, depending on the circumstances of the case.

DUI Penalties in Virginia

When an individual operates a motor vehicle while under the influence of alcohol or another substance (and they have a Blood Alcohol Concentration [BAC] of 0.08% or more), they can face DUI charges.

Penalties for a first offense DUI include licenses suspension, as well as up to one year in jail and/or a fine of up to $2,500. Second-time offenders face the same penalties with a minimum ten-day jail sentence, and third-time offenders could find themselves in jail for up to five years, with a minimum 90-day sentence and $1,000 fine.

Avoiding Disorderly Conduct & DUI Charges

Needless to say, being convicted of disorderly conduct or a DUI could totally disrupt your life. Here are some measures you can take to avoid facing legal penalties:

• Don't drink and drive. If you go to a party, consider either sleeping over or using a ride like an Uber to get home.
• Stagger your drinks. Drinking infrequently while also consuming food regularly can help you avoid becoming intoxicated.
• Give your keys to a friend. If a sober friend has your keys with them, they can stop you from making a decision you'll regret later down the line.
• Book a hotel ahead of time. If you want to travel to a party, finding a hotel within walking distance can help you stay safe without worrying about your car.
• Have a sober friend nearby at all times. Having a designated driver or a sober friend to walk you to a safe place can help you avoid committing a DUI or act of disorderly conduct.

At The Law Offices of Daniel J. Miller, our team can help defend you from DUI or disorderly conduct charges.

To schedule a consultation with our team, contact us online or via phone at (757) 267-4949">(757) 267-4949.

Recently, we wrote a blog on DUI over the holidays and how you can stay safe. Today, we're expanding on that topic by looking at what happens if you, unfortunately, become involved in a drunk driving accident as either the plaintiff or defendant.

Understanding certain things, like how punitive damages work, can help you pursue an effective resolution in your case and reach an equitable outcome with the other party.

At The Law Offices of Daniel J. Miller, we help our clients navigate DUI cases. Contact us online or via phone at (757) 267-4949">(757) 267-4949 to schedule a consultation with a member of our team.

What Are the Penalties for DUI in VA?

We've covered Virginia DUI penalties in-depth before on our site, but we'll give you a quick overview for easy access. If you're more interested in learning about the consequences of receiving a DUI in-depth, check out this blog we wrote on just that.

First-time DUI offenders can expect:

• A mandatory, $250 minimum fine.
• A one-year driver's license revocation.

Second-time DUI offenders can expect:

• A mandatory $500 minimum fine.
• A three-year driver's license revocation.
• A possible one-year jail sentence.

Whether the offender has previous penalties, their Blood Alcohol Content (BAC), whether they caused damages or hurt another person, and their age can all impact the penalties for the DUI and how the court handles the case. For example, refusing a breath or blood test after being pulled over by a law enforcement officer can result in a three-year driver's license suspension after the second refusal.

What Is Punitive Damages? How Does it Work?

How harshly the Virginia legal system punishes DUI offenders depends on a variety of factors. For example, it's not uncommon for courts to offer plea deals to DUI offenders, particularly first-time or minor offenders. These please deals often involve certain conditions, such as reducing the sentence or jail time of a DUI offender as long as they take the necessary steps to correct their behavior and prevent further violations of the law in the future.

For individuals injured by a DUI, seeing an offender receive a plea deal and suffer little to no consequences can be frustrating, especially if the injured party suffered injuries that caused them to lose compensation due to work or changed their quality of life.

In situations where an injured party in a DUI case believes the offender owes them further compensation for their injuries or deserves harsher punishment, they may file a case for punitive damages.

Punitive damages are created as a sort of additional penalty for individuals or entities involved in personal injury cases. Under Virginia law, a personal injury claimant can seek punitive damages if the individual who harmed them committed a "willful and wanton conscious disregard for the rights of others."

For example, a DUI case where the offender knowingly consumed an unsafe amount of alcohol and then purposefully disregarded the advice of friends or bystanders to drive drunk may qualify for punitive damages.

As long as the personal injury claimant can prove that:

• The DUI offender's BAC was over 0.15;
• The DUI offender knew their ability to operate their vehicle was impaired, and;
• The DUI offender was a proximate cause of the collision;

They can seek punitive damages against a drunk driver.

Personal injury claimants can receive a maximum of $350,000 in punitive damages in Virginia. At The Law Offices of Daniel J. Miller, we'll work with you to pursue punitive damages in your personal injury case and help you fight for the compensation you deserve.

To schedule a consultation with our team and learn more about our services, contact us online or via phone at (757) 267-4949">(757) 267-4949.

Ask anyone, "what's the most dangerous holiday for drivers?" and New Year’s will probably be at the top of their list. The partying and drinking that accompanies New Year’s increases the chances of drunk drivers getting on the road, putting others' lives in jeopardy.

Today, we're taking a look at why exactly there are so many DUIs on New Year’s, and how drivers can stay safe over the holidays.

For help with your DUI case, contact us online or via phone at (757) 267-4949">(757) 267-4949. Our experienced DUI attorneys can help you defend your rights and pursue the best outcome in your case.

Why Is New Year's Eve So Dangeous?

Every year, police offices make hundreds of arrests on New Year's Eve related to drunk drivers. In Virginia alone, 34% of all traffic fatalities in 2018 were alcohol-related, and 19,790 people were convicted of DUI throughout the year.

There are a few factors that play into why New Year's Eve is so dangerous for drivers:

• People are drinking. A whopping 47% of men and 40% of women admit to binge drinking during the New Year, and that figure doesn't factor in the number of people who aren't binge drinking but still consume too much alcohol to drive safely. It's one of the most popular holidays to drink over, which makes DUIs more likely to occur.
• People are driving late at night. Driving while impaired is never safe, but it becomes even more dangerous late at night. When many people drive on New Year's, it's after midnight—often around two or three in the morning. Driving at that hour while tired and intoxicated is a recipe for disaster.
• Weather conditions aren't always good. Last but not least, snow is falling on or around New Year's in many states in the US. Accidents are more likely to happen on icy roads or when it's raining, sleeting, or snowing.

How Can I Stay Safe During New Year's?

Fortunately, there are several measures you can take to stay safe during New Year's:

• Host a party yourself. If you want to partake, hosting a party at your place is the easiest way to ensure you don't need to drive anywhere when all is said and done. If you do host a party, make sure you work with guests and help them arrange transportation. Make everyone either come with a sober designated driver (DD) or use transportation like an Uber or Taxi. Put out some non-alcoholic drinks for DDs, and consider putting together some sleeping arrangements in your living room for guests too intoxicated to drive so people can crash at your place until they're sober.
• If you go to a party, go with a DD. If you take your car, give the keys to the DD once you arrive at the party. Make sure the DD is sober before you leave—if there's any question, call an Uber or Taxi and come back for your car when you're sober, or sleep where the party is.
• If you're a DD, try and be extra aware of other cars on the road when you're driving. If you go to a house party, you may want to grab a quick nap or a coffee before you hit the road to help yourself remain alert. Look out for cars drifting in and out of lanes, driving without lights on, speeding, or making sudden movements. If you see a driver you believe is impaired, pull over to the side of the road until they're not near you anymore. Also be sure to check oncoming traffic regularly—sometimes, drunk drivers cross lane dividers.

If you or someone you know is arrested for a DUI, we can help. Our experienced DUI attorneys can help you find the best path forward in your case.

Contact The Law Offices of Daniel J. Miller online or via phone at (757) 267-4949">(757) 267-4949 to receive legal counsel from experienced DUI lawyers in Virginia.