United States v. Arias

Following a bench trial, Edwin Arias was convicted of operating a motor vehicle while under the influence of alcohol (third offense in five years) (Count One), and operating a motor vehicle after his license was suspended for driving while under the influence of alcohol (Count Two). 18 U.S.C. § 13 (2000), assimilating Va.Code Ann. §§ 18.2-266, 18.2-270, and 18.2-272 (2005). Arias was sentenced to five months’ imprisonment and one year supervised release on each count, to run concurrently. Arias challenges the denial of his motion to suppress and his convictions.

Evidence adduced at trial…