If you’ve been charged with a DUI in Virginia, it’s normal to feel overwhelmed. The potential consequences can be serious, and the legal process may feel confusing or intimidating. However, it’s important to remember that being charged is not the same as being convicted. There are many ways to challenge a DUI charge and having an understanding of these defenses will help you make informed decisions about your case.
Here are 3 common DUI defenses:
1. Invalid Traffic Stop
A law enforcement officer must have reasonable suspicion that a traffic violation or other criminal activity has occurred before conducting a traffic stop. This means they must witness something specific, like speeding, running a red light or swerving to justify the stop. If an officer stops a driver without a valid reason, the stop may be considered unconstitutional.
When a stop is considered unconstitutional, any DUI evidence collected after the traffic stop can be suppressed, meaning that it cannot be used 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 the officer must have evidence to indicate that the driver was impaired. Probable cause can be supported by things like slurred speech, the smell of alcohol, open containers and/or failed field sobriety tests.
If a DUI arrest was made without probable cause, any evidence obtained after the investigation or arrest can be suppressed in court, helping to dismiss or reduce the charges.
4. Issues with Breath or Blood Tests
Chemical tests must follow strict procedures to be valid. If the breathalyzer wasn’t properly calibrated, if the officer wasn’t certified to use it, or if the blood sample was mishandled, the results may be inaccurate.
By challenging the accuracy or reliability of chemical test results, a skilled DUI defense attorney may be able to weaken the prosecution’s case, potentially leading to a dismissal or reduction of the charges.
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.
