It is important to remember that in the United States judicial system, you are innocent until proven guilty. Finding a successful defense against a Richmond, VA DUI charge is as simple as identifying a local attorney with years of DUI trial experience in the Richmond court system. Across the country the National College for DUI Defense provides training seminars to educate DUI attorneys about the latest litigation news in defending drivers charged with DUI.
A good Richmond DUI defense attorney will be well-educated and familiar with a system of legal defense tactics that have proven effective for clients with similar cases. If you were recently arrested for breaking DUI laws in the Richmond, VA area it is crucial you contact a skilled Richmond DUI lawyer without delay to begin exploring evidence, legal framework, and possible defense tactics.
While a successful Richmond DUI attorney will have many defense arguments in their dossier, we wanted to consider several of the more likely defense tactics your DUI lawyer may pursue.
LACK OF PROBABLE CAUSE TO ARREST – In Virginia a police officer must have “specific and articulable facts” to support any arrest for DUI, or the suspension will be reversed and any evidence collected will be suppressed at trial. If it can be proven there was no justifiable reason for your traffic stop, your defense attorney can request a suppression hearing. The judge decides if there was in fact a legitimate reason for pulling you over for a DUI arrest. If the arresting officer cannot prove probable cause, your case will be dismissed and all charges against you dropped.
WEAVING INSIDE THE LANES IS NOT ILLEGAL – Weaving without crossing any lines is not a violation of any law cited in The Code of Virginia. Therefore, you cannot be stopped for that reason. The argument is that the officer’s assumptions were unreasonable and therefore, insufficient evidence exists to bring charges.
POST-DRIVING ABSORPTION OF ALCOHOL IN VIRGINIA – The prosecutor must prove the blood or breath alcohol was elevated at the time the driver was behind the wheel. Consuming alcohol just before driving can cause false test results that appear higher than the actual blood alcohol level when the person was operating the vehicle. This defense is introduced when an extended time elapses between the traffic stop and administration of the chemical test.
Keep in mind there are serious repercussions for a Richmond, VA DUI conviction. A violation of section § 18.2-323.1 of the Legislative Code of Virginia is punishable as a Class 4 misdemeanor with penalties and fines including:
• mandatory one year driver’s license suspension
• a minimum mandatory $250 fine; maximum $2,500
• jail sentence up to one year
• mandatory participation in the Virginia Alcohol Safety Action Program
• a mandatory vehicle ignition interlock device
Don’t gamble with your future. Finding a successful defense against a Richmond, VA DUI charge is as simple as identifying an experienced, local attorney who will use specific defense tactics to build you a successful DUI defense.