legal process

The Legal Process for Challenging a DUI in Virginia

Dealing with a DUI charge can be scary and confusing. You are likely facing administrative sanctions on your driver’s license and face criminal liability as well. The prosecutor could be threatening high fines or even jail time if you do not challenge the case against you. 

Our Manassas DUI lawyers are prepared to help you fight back against your DUI charges. We help you understand the legal process for challenging a DUI in Virginia. Speak with us about your case and your unique situation to get started.

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Strategies To Fight Back Against Virginia DUI Charges

There are many strategies that may be available in your case to challenge it. Picking the right ones can make all the difference in your case.

  • Challenge the Initial Traffic Stop: Most DUI cases start with a traffic stop by law enforcement. A police officer must have reasonable suspicion that you committed a crime before they can pull you over. Problems with the traffic stop may invalidate your DUI charges.
  • Prove You Were Sober: Many officers rely on poor observations or bad tests. You may have had a medical issue that made you appear intoxicated, unbalanced, or some other issue that led to your charges. The right defense may help show what really happened.
  • Challenge Blood and Breath Tests: The official breath test at the station must be performed accurately and correctly. Many officers fail to wait the right amount of time or calibrate the device. Blood tests may also be inaccurate and provide a strong defense to your case.
  • Improper Field Sobriety Tests: Officers use field sobriety tests to help determine if you were intoxicated. However, they must conduct them in very specific ways. Failure to do so could invalidate their observations.
  • Illegal Searches and Seizures: Officers may conduct a search of your person or your vehicle as part of the DUI case. If they do so improperly, their illegal actions could invalidate any evidence they find. This may prevent the Commonwealth from pursuing DUI charges against you.

These and other powerful defenses may be appropriate for your case. A defense may cause the charges to be dismissed or reduce the possible penalties you face. A seasoned Virginia DUI defense lawyer can help you know what applies to your situation.

Legal Processes To Challenge DUI Charges in Virginia

There are two main ways to raise these and other defenses in your case. The first is through pretrial motions. These help keep out improper evidence that was collected or due to the wrongful actions of law enforcement. A common example is through the filing of a suppression motion. A motion to suppress seeks to exclude unconstitutionally collected evidence so that it may not be used against you in court. Without this evidence, the prosecutor may have to dismiss their case.

The other primary way is through a judge or jury trial. A trial is where the prosecutor must prove, beyond a reasonable doubt, that you were intoxicated and operated your motor vehicle. This is a high legal standard, and your skilled DUI attorney can help you challenge the case against you. 

Seek Assistance From a Skilled DUI Attorney In Virginia 

The sooner you speak with a Virginia DUI defense attorney the sooner you can protect your rights. Our attorneys have decades of experience that we put to work in your case. We understand how to challenge DUI charges and investigate your particular situation.

The Virginia criminal defense lawyers from Battlefield Law Group PLLC are strong criminal defense attorneys with in-depth knowledge of DUI laws and defensive strategies. Contact us today for a free consultation.