What Is a DUI in Virginia?
A DUI (Driving Under the Influence) in Virginia occurs when a driver operates a vehicle while impaired by alcohol or drugs. Being charged with a DUI can lead to fines, license suspension, and even jail time. However, a charge is not the same as a conviction, and there are legal defenses available that can protect your rights and future.
What Are Common DUI Defenses in Virginia?
1. Invalid Traffic Stop
A law enforcement officer must have reasonable suspicion of a criminal offense or a traffic violation, such as speeding, running a red light, or swerving to conduct a stop. A stop is considered invalid if the officer has no specific, observed reason for pulling the driver over. Invalid stops may be deemed unconstitutional, and any DUI evidence collected afterward can be suppressed in court.
2. No Probable Cause
Even after a valid traffic stop, an officer must have probable cause to arrest someone for DUI. This means there must be clear evidence of impairment, such as slurred speech, the smell of alcohol, open containers, or failed field sobriety tests. If an arrest is made without probable cause, any evidence collected afterward can be suppressed in court, potentially leading to reduced or dismissed charges.
3. Issues with Breath or Blood Tests
Chemical tests must follow strict procedures to be valid. Errors such as an improperly calibrated breathalyzer, an uncertified officer, or mishandled blood samples can make results unreliable. Challenging the accuracy or reliability of these tests can weaken the prosecution’s case, potentially leading to reduced or dismissed DUI charges.
Why You Need an Experienced DUI Defense Attorney in Virginia
Every DUI case is different, and defending against a conviction requires experience, strategy, and up-to-date legal knowledge. At Driving Defense Law, our attorneys combine advanced DUI training with a deep understanding of Virginia law to build the strongest possible defense. Call us today at 757-929-0335 or schedule a consultation here and begin planning your defense to save your future.
