Legal Question in DUI Law in Virginia

I've gotten a ticket for DWI. I don't drink at all and all 6 breathalyzers I took were 0.00. They did draw blood from me in jail and the only things that showed were my antidepressant medications, my anxiety meds, and my ADHD meds. I've been on all of these sense 2003. I'm aware of the disclosure on the medication bottles that state 'Don't drive or operate heavy machinery until you know how this will affect you'. I wasn't impaired in any way. I also do suffer from a TBI as a result of a severe car accident a few years ago. Because of that it has affected my balance and equilibrium. When I'm under extreme stress it will cause an inability to collect my thoughts quickly and exactly. I also have tremors in my right hand did to total shoulder replacement. The Trooper accused me of drunk driving and took me to jail. Later once he found out that there was no alcohol in my system he changed it to intoxication. Then proceeded to tell the Commonwealth Attorney that by the time he came to my window I had passed out with my head on the steering wheel. Then he stated that While I was doing the heel to toe test I kept passing out and he had to hold me up. None of this is true. I told him prior to the heel to toe test that I would fail it because of balance problems.

I originally went to court December 28th 2017 and it was nulle-processed. Then on January 22nd 2018 I was indicted by the grand jury for the original DWI, and a Capius, and driving the wrong way on a one way highway. He issued the driving the wrong way ticket 8 months after the alleged DWI offense. This is really bad but it's all considered a misdemeanor offences. The Commonwealth Attorney wants me to serve 30 days in jail, $1,000.00 fine, ignition interlock system, and ASAP program. I've been on off-road probation going on 9 months, I've complied completely with everything they've asked if me. All my breathalyzer tests and drug screening have been clean. I don't understand how they can do all of this to me. I've done nothing wrong. Except according to them seek treatment for mental health issues. I thought I was doing the right thing and being responsible by getting help for my issues. I'm also able to prove that I don't drink and couldn't even if I wanted to. I only have one functional kidney (genetic problem) and I've been in full renal failure twice. I've had to have many surgeries just to still be living today. I don't do drugs either. And I'm very careful with my prescription medications because I've had anaphylaxis shock four times. I'm beyond careful with everything. Please help.

Asked on 3/27/18, 4:56 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Faced with the circumstances you've described, particularly in view of the original charge which

apparently was nolle-processed, your better course very likely would've been to take

the case to trial in the circuit court after you were indicted.

Office Tel. (703) 838-5577

Read more
Answered on 4/02/18, 9:38 am

Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Virginia