When a police officer apprehends you for driving a vehicle under the influence of alcohol, then you may face DUI charges. You may be charged with DUI if the police officer finds out that you have consumed any substance that affects your driving. When charged with a DUI offense, you need to immediately consult with an attorney to represent and defend your case.
Traffic Lawyer Chesterfield, VA
DUI Lawyers VA Chesterfield County
Defendant’s Rights
If you are facing DUI charges, you need to know your rights. There is a possibility the police officer may have not arrested you based on proper DUI procedures in VA. If the police officer in Chesterfield County, VA does not follow the official procedures for an arrest, it may prove beneficial to you and the case may be dismissed.
A DUI attorney in VA will be familiar with the laws that may concern their client’s case and know the components of the arrest and the charge and thus use it to the best interests of the client.
Unsanctioned Stop
To stop a driver and charge them with a DUI, a police officer is required to have a legitimate reason, such as traffic violation. There needs to be a valid reason to stop the driver for any criminal or traffic violation. If an attorney believes that the stop was without a valid basis, the argument may be based on the fact that the police officer did not have probable cause to stop the client and may convince the judge to dismiss the case. An unlawful stop is grounds for the dismissal of a DUI charge.
Road Conditions During The Sobriety Test
The terrain of the road when you were stopped may also be used to your advantage. It is one of the defenses available for the DUI attorney in Chesterfield, VA. If the condition of the road makes taking a sobriety test difficult, it is possible that the defendant failed the test due to the conditions.
Inaccuracy of a Breathalyzer test
Another point that a DUI attorney Virginia may argue is that the Breathalyzer test cannot always be proof of the defendant’s inebriation. Because Breathalyzer tests can be affected by other factors and may give inaccurate results if the test is taken soon after the defendant vomits or burps. The DUI lawyer in Virginia may argue that the Breathalyzer test device did not provide accurate result due to malfunctioning.
Procedural Mistakes
The DUI attorney may be able to exclude the use of a blood/breath test in court if they have evidence of an error made during the procedure of the test including:
- Defendant was not advised that they are rightfully allowed to observe the blood test as it is analyzed.
- Individual that analyzes the blood test is not authorized.
- Test was not taken within three hours from the time the defendant was arrested.
- If a blood test was used then it was not sealed and labeled properly.
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