DUI Defense in Virginia: Your Options
How to Fight Back Against DUI charges
It can be very frightening and intimidating to have a field sobriety test administered at the roadside, only to be told you failed and be subjected to an arrest. The complex procedures you are put through before, during, and after the breath or blood test can leave you in shock and likely convinced that you are as good as convicted already. Law enforcement has strict procedures it must adhere to in making a traffic stop, in carrying out a DUI investigation and after an arrest. Over-eager and under-trained officers often violate these procedural rules. Taking the time to consult with a trusted
Virginia DUI attorney who has successfully defended many before you, can help you understand that there are valid defenses which could be effective in your case.
DUI Lawyer in Fairfax, Fauquier & Prince William County
Building your defense begins with your first consultation. Some of the defenses which could be employed, and points which can be challenged include:
- The officer must have a valid reason for a traffic stop and there must be proof that you were actually operating the vehicle.
- The officer must have correctly advised you of your rights.
- The prosecutor must follow all procedural rules for the evidence to be admissible in court.
- Field sobriety tests are often poorly administered and a "pass" or "fail" can be based purely on the officer's opinion. The driver may have "failed" because of the road surface, a physical condition or for other reasons.
- Testing devices are not foolproof. They require maintenance at regular intervals and can go out of calibration or malfunction, and incorrectly register that you are above the legal limit. Technicians administering breath tests also make mistakes.
Effective defense of a DUI charge requires a thorough understanding of complex and constantly changing laws and legal precedents, the scientific principles of the testing procedures and devices and much more. The Virginia DUI lawyer at the firm has an in-depth working knowledge of the various types of defenses that could be employed successfully in court, and is highly motivated to protect your rights.
The first action is a painstaking review of the details of your case. The details behind law enforcement pulling you over must be evaluated. What the police did in the initial questioning after the stop must also be reviewed. You have rights, and some of these rights are protected under the U.S. Constitution. If the reason you were initially stopped is an actual rights violation, any evidence collected after that point can be suppressed. It will require careful and professional legal work and a pre-trial hearing. Law enforcement stories about your driving could be vague or the two officers could have varying accounts of the incident. We need to look over these details on an immediate basis.
It is important to begin working on your defense strategy right away in order to preserve your driver's license by requesting a DMV hearing and to pull all available information concerning the prosecution's case against you. Call the Law Offices of Michael A. Pignone to discuss the events involved in your DUI case and to get answers to your questions.