Virginia DUI Defense
You know that those convicted of driving under the influence in Virginia undergo great hardships including scrutiny from the public. But depending on your case, you may not have to be one of them. With an experienced and skilled attorney who specializes in the defense of those accused of drinking and driving, you may have a winning chance in court. Here we’ll discuss some of the defenses of DUI and why one of them may be pertinent to your case.
The prosecution must not only prove that you were under the influence, but that you were the one in fact driving the vehicle. If the officer did not have probable cause to believe you were drinking and driving, then evidence against you can be suppressed in court. The officer must have a legal cause to stop, detail, and arrest you.
You’ve heard of Miranda Rights, but you may not know how important they are. The officer arresting you must remind you of your “right to remain silent” at the appropriate time. If the officer fails to do so, the evidence against you can be left out of court.
If you refused to submit to a chemical test, the officer is required to read the Implied Consent warnings. By reading this to you, you’ll better understand the penalties you’ll face for refusing to submit to a chemical test. Failing to read you such warnings may mean that any test results may be inadmissible in court.
As part of your defense, we can ask the officer questions regarding his observations and opinions about whether or not you were under the influence. For example, what does the officer consider “failing”? Was the field sobriety test administered on even ground? We may have witnesses that can attest to your actions appearing to be sober.
If your blood alcohol concentration was over .08%, we will study the results of your test. The defense can even hire its own forensic analysis. Sometimes there are defects during test analysis that can cause your BAC to read higher.
If you choose to work with us, we’ll discuss the potential defense tactics that could result in a win for you in court.
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