Virginia Burden of Proof

There are three burdens of proof that the arresting officer and the prosecution must meet to convict you of DUI.

The first burden of proof is reasonable, articulable suspicion. This refers to the reason why the police officer decided to stop you, and occurs before the officer even turns on his lights to pull you over.

This means that the officer may not stop you just because he has a hunch. Weaving, speeding, or running a stop sign are some of the legal reasons that an officer may stop you. Your attorney will discuss the facts of your case with you to determine whether or not the officer had reasonable, articulable suspicion to pull you over.

The next burden of proof is probable cause. After you have been stopped, the officer must follow certain rules. For example, if the officer asks you to perform a standardized field sobriety test, he must first give you clear instructions and demonstrate how to perform the test. If the officer does not do this and you fail, the officer may not have probable cause to arrest you for DUI.

The third burden of proof is that the prosecutor must prove that you drove drunk beyond a reasonable doubt. The police officer or prosecutor must prove in court that you were the one driving the vehicle. If no one witnessed you driving, you may not be charged with driving under the influence.

Please note that it is extremely important that you hire an attorney who is experienced with DUI defense to help you dispute the burden of proof. DUI is a complicated field, and it is important to find an attorney who has been successful in winning cases similar to yours.