Can a first DUI in Virginia be beat?

The number of alcohol related crashes results in nearly 12,000 people suffering a fatality each year according to the National Highway Traffic Safety Administration (NHTSA). Although these accidents have decreased in people under the age of 21, an estimated 1,510 young adults are still victims and the losses felt by parents create a deep emotional wound that may never heal from. Driving under the influence continues to be problem, even though the DUI laws in Virginia have become much harsh in recent years. Anyone who operates a motor vehicle, boat or any type of watercraft with a blood alcohol concentration (BAC) of .08 are higher will be arrested, handcuffed and carted off to county jail. The police will take some nice photographs and subject you to a humiliating fingerprinting exercise prior to booking you in with all of the other alleged criminals.

Avoiding a DUI Virginia Conviction

If an officer pulls you over and has probable cause to request that you submit to a chemical test, under the implied consent laws, you must comply. If you refuse the test, your driving privileges will be suspended for a year. However, there are a variety of ways to beat a DUI conviction:

• A driver cannot be detained unless the officer has a valid reason and he or she must cite the law that has been violated.

• You are not required to undergo field sobriety testing, such as standing on one leg. In addition, any person that has a medical condition, prior injuries, is 50 pounds overweight or over the age of 65 years old cannot be fairly judged by performing these tests, including women wearing extremely high heels.

• Breath testing has been proven to be inaccurate and unreliable in many cases and this type of evidence could be thrown out.

• The police must witness you driving the vehicle and you cannot be stopped because someone anonymously reported that you were driving drunk.

• You may be able to provide a witness, such as a passenger, that can testify you had not been drinking.

Alternatives to Cooling Your Heels in the Slammer

Virginia offers a 20-hour Alcohol Safety Action Program, which primarily focuses on substance and driving. The court can place the defendant on probation and give them a restricted license, allowing them to commute to their job or school. They will be required to sign up for the class within 15 days and comply with all the terms of the program. If they fail to register for the class or is a no show, he or she risks being sent to jail, no passing go or collecting $200.

Securing Legal Counsel in the Commonwealth of Virginia

There could be many reasons to challenge your DUI arrest, but don’t try to handle it yourself. Hire an experienced attorney who will know how to file motions to suppress evidence or they can challenge the conduct of law enforcement if they fail to read the defendant their Miranda rights or conducted an illegal search. Know you rights and get a good lawyer to defend them.