Virginia DUI Defense: Options for the Accused

A Virginia DUI is costly and the law is complex, lengthy, and ever changing; a Virginia DUI defense, too, is very difficult.  For your first offense, a class 1 misdemeanor, you could face up to one year in jail, and $2,500 in fines.  In addition, administrative penalties include a one year suspension of your driver’s license, SR-22 insurance, and a mandatory alcohol program.  If your blood alcohol was .15 to .20 you will face a mandatory 5 day jail sentence and installation of an ignition interlock device when you regain your license.  If the BAC is .21 or above, the mandatory jail time will be 10 days and you will have to have the ignition interlock device installed.

Furthermore, you will face certain arrest and loss of your license if you refuse a BAC test on the road or at the station. 

Some Defenses

First and foremost, the officer did not have reasonable suspicion for the stop.  According to the U.S. Supreme Court the police officer must reasonably suspect a criminal or traffic offense in order to stop your vehicle.  Just because it is very late at night and you are driving does not equate to reasonable suspicion.  If you can show that there was no reason to pull you over to start with, a judge would have no choice but to dismiss the case.

If the reason for the stop was “weaving within a lane”, you may have a chance of proving that this was an illegal stop.  Some states have said that weaving within a lane is never a valid reason for a traffic stop.  Virginia has allowed it in some instances in the past, but, with an experienced attorney, it is a possible defense.

If the traffic stop was made because you did not signal when changing lanes, that too could be an illegal stop in Virginia.  Virginia law only requires that you use turn signals when there are other vehicles.  So if you are stopped late at night with few cars on the road, that fact may be used as a defense as well.

If you are stopped by an officer because he/she received an anonymous tip, you could use this to mount a defense as well.  An anonymous tip may create a reasonable suspicion only if the officer receiving it has sufficient corroborating evidence proving who the caller is, how they obtained the knowledge, and what actually led them to believe that someone was driving while intoxicated.  If the officer did not obtain this information, the stop would be illegal and the charges dismissed.

Legal Assistance

A Virginia DUI conviction carries very serious penalties.  If you are arrested for a DUI, you should consult an attorney immediately.  Even if you feel that you have a valid defense against the charges, proving it can be very difficult and you will need the assistance of an experienced DUI attorney.