What to Expect at Your DUI/DWI Trial in Virginia

What to Expect at Your DUI/DWI Trial in Virginia

If you are charged with DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) in Virginia, you need to understand the trial process and what to expect. Navigating the legal system can be daunting, but with the right information, you can be better prepared for your day in court. 

Our Manassas criminal defense lawyers at Battlefield Law Group PLLC help you understand what an IID is and when it will likely apply to your case. This guide will walk you through the various stages of a DUI/DWI trial in Virginia and provide valuable insights to help you prepare.

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Understanding DUI/DWI Laws in Virginia

Virginia takes DUI/DWI offenses seriously, and the penalties can be severe. A drunk driving conviction can result in fines, license suspension, mandatory alcohol education programs, and even jail time. 

In Virginia, a person is considered to be driving under the influence if their blood alcohol concentration (BAC) is 0.08% or higher. However, even a lower BAC can result in a DUI charge if the driver exhibits impaired behavior.

The DUI/DWI Trial Process in Virginia

1. Arraignment

The first step in the DUI/DWI trial process is the arraignment. This is where you will be formally charged with the offense and asked to enter a plea—guilty, not guilty, or no contest. 

2. Pre-Trial Motions

Before the trial begins, your attorney may file pre-trial motions to challenge the evidence against you. This can include motions to suppress evidence obtained illegally, such as an unlawful traffic stop or improper administration of field sobriety tests. 

3. Jury Selection

If your case goes to trial, the next step is jury selection. During this process, both the prosecution and defense will have the opportunity to question potential jurors to ensure they can be fair and impartial. 

4. Opening Statements

The trial officially begins with opening statements from both the prosecution and defense. The prosecution will outline their case against you, while your attorney will present a summary of your defense. 

5. Presentation of Trial Evidence

The bulk of the trial consists of the presentation of evidence. The prosecution will present evidence to prove that you were driving under the influence, which can include:

  • Police reports
  • Breathalyzer and field sobriety test results
  • Testimony from the arresting officer
  • Video footage of the traffic stop and arrest

Your DUI defense attorney will have the opportunity to cross-examine the prosecution’s witnesses and challenge the validity of their evidence. 

6. Closing Arguments

After all the evidence has been presented, both sides will make their closing arguments. The prosecution will summarize their case and argue why the evidence proves your guilt beyond a reasonable doubt. Your defense attorney will highlight the weaknesses in the prosecution’s case and argue why the evidence is insufficient to convict you.

7. Jury Deliberation and Verdict

Once closing arguments are complete, the jury will deliberate and decide whether you are guilty or not guilty. The length of deliberation can vary, but the jury must reach a unanimous decision. If the jury finds you not guilty, you will be acquitted, and the charges will be dismissed. If the jury finds you guilty, the judge will schedule a sentencing hearing.

Sentencing and Appeals

If you are convicted of a DUI/DWI in Virginia, the judge will determine your sentence based on various factors, including your prior criminal record, the circumstances of your arrest, and any aggravating factors. Sentences can include fines, license suspension, probation, mandatory alcohol education programs, and jail time.

If you believe there were errors in your trial or that your rights were violated, you have the right to appeal the conviction. An experienced attorney can help you navigate the appeals process and work to overturn the conviction.

Seek an Experienced DUI Defense Attorney for Help with Your Trial

At Battlefield Law Group PLLC, our DUI/DWI defense lawyers are experienced litigators and defenders of your rights. We know what it takes to challenge the prosecutor’s evidence and protect your civil liberties.

Contact us today for a free consultation of your case.