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How to Challenge a DUI Charge in Virginia: Defense Strategies

A strong defense of your Virginia DUI case can make all the difference in your life. You can present evidence and defenses to reduce the charges you face or even dismiss them altogether. An experienced Virginia DUI attorney analyzes the prosecutor’s case for weaknesses, mistakes, and other facts that can help you defend yourself. Our team knows the right defensive strategies you need.

Our Manassas criminal defense lawyers at Battlefield Law Group PLLC explain what your rights explain how to challenge a DUI charge in Virginia. Speak with us to learn more about how we can help. 

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Learn More About Virginia DUI Defenses

There are several types of defenses that may apply in your DUI case. First, understand a few of the terms. A charge of driving under the influence (DUI) is actually called driving while intoxicated (DWI) in Virginia. While these terms are slightly different, they refer to the same charge, and many people use them interchangeably.

A legal defense challenges the prosecutor’s case. It points out weaknesses in the evidence, proves that your constitutional rights were violated, or seeks to reduce the potential penalties you face. Which defense applies or best fits your situation will depend on the unique facts of your case. An experienced DUI defense attorney in Virginia knows how to analyze your facts and pick the right defense tactic.

DUI Defenses in Virginia

These are some of the most common DUI defenses that may apply in your case:

Challenging Field Sobriety Tests

Field sobriety tests are given by law enforcement on the side of the road before you are arrested. They are designed to look for signs of intoxication, but there are many problems with them. These tests include:

  • The horizontal gaze nystagmus (HGN) test
  • The walk and turn test
  • The one leg stand test

All three tests come with specific guidelines police officers should follow in conducting them. Many officers perform them incorrectly, or are ill-trained in how to identify signs of intoxication. Many others do a poor job teaching the steps to drivers, making them seem intoxicated when they are really just confused.

Improper Breath, Urine, or Blood Tests

Police officers may collect a breath, blood, or urine sample in order to prove intoxication. Most common is the breath test. There is the roadside breath test, which is not admissible evidence, but is used to establish probable cause for an initial arrest. The breath test at the station, however, is admissible evidence if it is performed properly. There may be problems with the test that may provide a basis for challenge.

Urine and blood tests are used to determine intoxication from alcohol or drugs. Breath tests cannot test for drugs, so these two tests are needed in those situations. However, warrant issues or testing procedure problems may invalidate the results.

Using a Suppression Motion

A suppression motion seeks to exclude unconstitutionally collected evidence. For example, most DUI arrests start with a traffic stop. An officer must have reasonable suspicion to initiate a traffic stop, otherwise the initial stop is invalid. An attorney can help examine the stop and the reasons behind it to determine if the entire stop should be suppressed.

The Fourth Amendment also stops unreasonable searches and seizures. If the officer violates your constitutional rights during the stop, the investigation, or the arrest, you could have a valid defense that helps defend your case.

Defend Yourself from Virginia DUI Charges

You can challenge the evidence in your case and defend your rights. What defense best applies will depend on what happened in your unique situation. Speak with one of our highly qualified criminal defense attorneys for help.

At Battlefield Law Group PLLC, our DUI/DWI attorneys defend your case and your other rights.  Contact us today for a free consultation of your case.