Hiring a criminal defense lawyer who can protect your rights is the best way to ensure your arrest in Richmond, VA for DUI is met with a strong, decisive defense. There are a host of ways an experienced DUI attorney could defend your case. Time is critical, so contact a qualified Richmond DUI lawyer who knows the people and the judicial process in Richmond, and best understands what needs to be done.
A smart DUI lawyer will investigate different angles, review legal precedents, scrutinize evidence, theories, and timelines. Your Richmond DUI attorney will consider implied consent, challenge test protocols and results, inspect probable cause, and confirm forensic equipment and results are properly calibrated, administered, and handled until your trial date.
Here are several legal tactics to consider when building a defense for your case:
ILLEGAL STOP OF A PERSON OR VEHICLE IN VIRGINIA – A driver cannot be stopped unless the officer has a “reasonable and articulate basis” to suspect a traffic law or other law has been violated. A person cannot be arrested unless a violation is confirmed.
HOSPITAL BLOOD TEST INACCURACY IN VIRGINIA – Hospital blood tests overestimate a person’s actual blood alcohol content level by as much as 25% in healthy, otherwise unimpaired drivers. Known to be statistically unreliable.
PORTABLE BREATH TEST IMPROPERLY ADMINISTERED IN VIRGINIA – Manufacturers of portable breath testing devices require two tests at a minimum to consider results as evidentiary.
PORTABLE BREATH TEST INADMISSIBLE IN VIRGINIA – Most states prohibit the use of portable breath testing results as evidence at trial in any DUI case.
What a Highly-Skilled Richmond, VA DUI Lawyer Can Do To Help
A reputable Richmond, VA DUI attorney experienced in handling these cases can help you challenge not only the breath or blood test results, but all other evidence and theories the police will gather to build a prosecution case to convict you.
A knowledgeable Richmond, VA DUI lawyer can challenge the prosecution on many levels and raise multiple doubts and arguments to call the prosecution’s case into question:
- Did the officer have probable cause for your initial stop?
- Are there any procedural or equipment issues that make test results unreliable?
- The accuracy of the conclusions drawn by the officer based on observations
Remember – just because you have been charged with a DUI in Richmond, VA does not mean you are guilty of the crime. In our justice system you are presumed innocent until proven guilty. DUI punishments in Virginia for even a first time DUI offense are severe, and may include jail time, loss of your driving privilege, mandatory VASAP alcohol program and hefty fines. With the help of an experienced Richmond, VA DUI attorney, you may have the charges against you greatly reduced or simply dismissed. Never plead guilty to a DUI offense without first speaking with a well-qualified, reputable Richmond, VA DUI attorney.