How Do You Get a DUI Dismissed in Virginia?
Were you recently arrested and charged with driving under the influence in Virginia? If so, you may be wondering what you can do to defend yourself, or even how to get the case dismissed. You have the right to defend yourself from these charges and even seek dismissal of them in the right circumstances.
Our Manassas DUI lawyers explain defenses that may be available in your case. We protect your rights and vigorously defend them. Schedule a consultation to learn more about what defenses may apply in your unique case.
Strategies To Get Your DUI Charge Dismissed
Several strategies can help invalidate the charges against you and dismiss them. This all depends on the unique facts of your case, but this article approaches several effective strategies that can help.
Challenge Blood and Breath Test Results
Police officers will typically use blood and chemical tests to confirm intoxication. Sometimes, these test results are inaccurate. Breath testing requires specific maintenance of machines to get accurate results. If there is any malfunction or lack of scheduled maintenance, the breath test results may be inadmissible.
Blood and urine tests may be the same way. Law enforcement must follow specific steps and perform the tests within specific timelines for them to be effective. Your attorney can challenge any mistakes made in the testing procedure.
Challenge the Initial Traffic Stop
Police officers cannot simply pull over a vehicle because they want to. They must have reasonable suspicion that a crime or traffic infraction has occurred in order to make a stop. The Fourth Amendment to the U.S. Constitution also prohibits unreasonable searches and seizures. Police must have either a valid warrant or warrant exceptions to perform a search or collect evidence. Their mistakes may invalidate the evidence against you and cause the charges to be dropped.
Prove You Were Not Intoxicated
Officers often base their findings on inaccurate or unfair assumptions when they decide you were intoxicated. Many officers mistake other medical problems for intoxication. You may have a speech impediment that made you seem like you slurred your words. You may have struggled to perform field sobriety tests because you have poor balance, physical limitations, or a learning disability.
Challenge Field Sobriety Tests
Field sobriety tests are notoriously inaccurate and subject to the officer’s subjective interpretations. Tests such as the walk and turn test, horizontal gaze nystagmus test, and one-leg stand test are used by officers to look for signs of intoxication. However, many officers are poorly trained in administering these tests, how they teach the steps to you, or in interpreting the results.
Officers may even falsely accuse you of intoxication and testify falsely about their field sobriety test observations. An experienced DUI defense attorney is familiar with these tactics and how to combat them.
Should I Have a Defense Attorney for My DUI Case?
A skilled Virginia DUI defense lawyer is critical to protecting your rights. When appropriate, your attorney can file for dismissal of your charges or challenge the evidence against you. They can investigate the unique facts surrounding your case to determine the most effective defense strategy for you.
DUI penalties are serious, potentially leading to the loss of your driver’s license, high fines, and even jail time. Offices are motivated to get a conviction, but you have constitutional rights to proffer a strong legal defense.
Fight Back Against a Virginia DUI Conviction
Seek dismissal of your DUI charges with the help of the experienced Virginia criminal defense lawyers from Battlefield Law Group PLLC. We understand how to combat common prosecutor and law enforcement tactics to protect your legal rights.