When can a lawyer beat a DUI in Virginia?

It is illegal for any driver to operate a motor vehicle in Virginia with a blood alcohol concentration (BAC) of .08 or higher. People tend to metabolize alcohol differently depending upon their size and whether or they ate dinner while having a few glasses of wine. If you have been arrested for suspicion of driving under the influence (DUI), this offense will be pursued as a criminal charge. All drivers must submit to a chemical test due to Virginia’s implied consent laws. Motorists can lose their driving privileges for at least a year, and will not be eligible for a restricted license during that time. A VA DUI lawyer may be able to keep you from being convicted by discrediting the prosecution’s evidence.

DUI Charges in Commonwealth of Virginia

The lawmakers in the State of Virginia have taken a tough stance against impaired drivers in an effort to reduce the amount of DUI accidents causing injuries and death each year. First time offenders who are convicted will be subject to the following penalties

• Confined to jail for a minimum of five days if a passenger under age 18 was in the vehicle or their BAC was between .15 to .20 and ten days if BAC at .20 or higher
• A minim fine of $250 will be imposed. If a passenger under 18 was in the car, the fine will be increased ranging between $500 and $1,000.
• Their driver’s license will be suspended for one year.
• They will be required to complete an alcohol safety program.
• An ignition interlock device will be required if their BAC was .15 or above.

Any driver under the age of 21 stopped for a DUI with a BAC of .02 to .08 will be charged with a class one misdemeanor offense, fined $500 and required to perform 50 hours of community service.

Challenging the Evidence In Your Case

In all criminal cases, the burden of proof remains upon the prosecutor to convince a judge or jury that the defendant is guilty beyond a reasonable doubt. They will use several key pieces of evidence to do this:

• The physical appearance of the driver according to police
• Results of the defendant’s blood, breath or urine test used to measure their BAC
• Whether the defendant was driving erratically at the time
• If the defendant failed any of the field sobriety tests

Most defense attorneys have been successful in challenging the field sobriety tests due to the conditions where they are conducted. Some people are physically unable to perform these tests even when sober due to an underlying medical condition. The blood test may be inaccurate if too much time has elapsed between when the person was arrested vs. when the sample was drawn. Alcohol level tends to increase in the body over time.

When to Hire a Virginia Defense Attorney

The moments following a DUI arrest can be extremely critical to the defendant’s case. What they say while in police custody can be used against them in court. It is never a good idea to admit that you had a few drinks if the officer asks. Your best course of action is to inform law enforcement officials that you cannot answer any questions until represented by legal counsel. When permitted to use the phone, contact an attorney who specializes in defending DUI convictions.