Besides the social stigma of driving under the influence (DUI), these charges may also be expensive, leave you with a spotted criminal record, and cause you great inconvenience (if your license is suspended or revoked). For these reasons, it’s important you know that all is not lost; an experienced attorney may be able to get your charges reduced or dismissed by using some common defense strategies.
Defending Against a DUI
If you’re convicted of a DUI in Virginia, you could face hefty fines, some jail time, and installation of an ignition interlock system. However, it’s possible to avoid these charges and a potential conviction by hiring an attorney who can argue that:
- The stop was unlawful. It’s possible your lawyer can show that the arresting officer had no legal reason to pull you over—in other words, he had no reasonable suspicion.
- The arrest was unlawful. If the arresting officer pulled you over legally, but he was met with no supporting evidence to confirm his suspicions, it’s possible the arrest was unlawful.
- The blood, breath, or urine tests are invalid. During the traffic stop, an officer may have used a breath machine to calculate a driver’s blood-alcohol content; however, these machines may be incorrectly calibrated and return erroneous results. Additionally, samples may have been taken or tested incorrectly, which can render them invalid in court.
- The driver was not drunk. In some cases, your lawyer may argue that you were not drunk while driving. Witnesses and tests are crucial to this argument.
- The drunk person was not driving. If the arresting officer did not pull you over but simply came on the scene after you had already exited the vehicle, your attorney can argue that you were not actually driving drunk.
- The driver had an emergency. Perhaps you were drunk while driving, but you only did it to save yourself or someone else from harm. For example, it may be argued that you were taking a friend to the hospital in the midst of a medical episode.
Don’t Attempt to Go it Alone
Because the consequences for a DUI are so severe, it’s important you don’t try to handle your case on your own. The legal team at Tavss Fletcher is available to speak with you about your arrest and work with you to formulate a defense strategy. To get started on your case, start a live online chat on our website today.