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Virginia DUI Defenses

A Virginia DUI can derail your life if you do not put up a proper defense. You face the potential for jail time, high fines, and even the loss of your driver’s license. This can affect your entire life, from your job, school, or even your personal life. A strong DUI defense may help you prevent a conviction or reduce the potential penalties you face.

Our Manassas DUI lawyers discuss some of the most common and effective Virginia DUI defenses we use to protect your rights. We understand the prosecutor’s tactics and how to fight back against them. Schedule a consultation so we can review the particular facts of your case and begin building your customized defense. 

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Understanding DUI/DWI Defenses

There are multiple defenses that may apply in your driving under the influence (DUI) case. Under Virginia law, the offense is actually called driving while intoxicated (DWI), but the terms are used interchangeably when talking about your charge.

A legal defense challenges the prosecutor’s case. It aims for any weaknesses in the Commonwealth’s evidence or some error of law in investigating your case. Which defenses will fit your situation depend entirely on the unique facts of your case. A qualified DUI defense attorney can determine the best path forward for you.

Common DUI Defenses in Virginia

Common defenses to your DUI/DWI include, but are not limited to, the following:

Filing a Suppression Motion Over the Traffic Stop

Most DUI’s are initiated through a traffic stop. An officer must have some reasonable suspicion to pull you over. Their suspicion must be that a crime or other traffic infraction occurred. If the officer profiled you or otherwise lacked reasonable suspicion, the entire traffic stop may be invalid. In this case, a suppression motion may invalidate any evidence collected as a result of the illegal traffic stop.

The Fourth Amendment to the U.S. Constitution protects your rights against unreasonable search and seizure as well. Officers must meet specific requirements to search your person, your car, or to take further steps to investigate a DUI. Any failure along the way could invalidate the charges against you.

Defend Against Field Sobriety Tests

Many defendants are arrested following a failed field sobriety test. These tests include:

  • The walk and turn test
  • The one-leg stand test
  • The horizontal gaze nystagmus test

Each of these tests must be performed according to specific guidelines and procedures. They must be taught to the defendant appropriately and the test conducted in accordance with specific legal standards.

Many officers poorly communicate the instructions for these field sobriety tests or fail to conduct them correctly. Their observations may also be inaccurate or they may lack the training for their observations to be credible. These and other challenges to field sobriety tests may prevent a conviction or reduce the charges against you.

Examine Breath, Blood, and Urine Tests

Law enforcement are trained in how to collect breath, blood, or urine samples in order to confirm intoxication. A breath test back at the police station is typically used to confirm your blood alcohol concentration (BAC) but may be performed improperly. Urine or blood tests may determine whether you were under the influence of drugs or alcohol, but may also cause inaccurate results.

If officers fail to follow the correct steps, the results may be inaccurate and inadmissible. This can be incredibly helpful in defending your DUI case.

Defend Against a Virginia DUI/DWI

The experienced Virginia criminal defense lawyers from Battlefield Law Group PLLC are ready to help defend your legal rights.  We are highly experienced DUI/DWI defense attorneys who know how to protect you every step of the way.

Speak to our team so we can learn more about your unique case. Contact us today for a free consultation.