Rights and Defense Elements for Your Richmond, VA DUI

There are four vital elements crucial to your successful DUI defense in Richmond, VA:

1. A complete investigation of the facts of your specific case.
2. A solid understanding of state and federal law.
3. Vigorous cross-examination techniques.
4. An experienced DUI attorney with practical training and legal expertise in DUI defense.

Regardless of the circumstances of your arrest, you have rights under the US Constitution. Do you know your rights in a Richmond, Virginia DUI Stop?

1. You have the right to enter a plea of not guilty and have a jury trial.
2. You have the right to be represented by your attorney throughout the trial and at all proceedings leading up to the trial.
3. If you do not have the money or means to hire an attorney, you may ask the court to appoint one for you if you meet the guidelines.
4. You are presumed innocent of the charges pending against you, and that presumption of innocence will remain with you throughout the trial until the prosecution presents evidence to prove you guilty beyond a reasonable doubt.
5. At the trial you have the right to confront the witnesses called to testify against you and to cross-examine those witnesses.
6. You have the right to present evidence in your own defense and to compel the attendance of witnesses by subpoenas issued by the Clerk of the Court.
7. You have the right to remain silent at the trial or testify in your own defense. If you choose to remain silent, your silence cannot be used against you.
8. If you are found guilty in a District Court, you have the right to appeal to the Circuit Court for a new trial.
 
In cases involving alcohol impairment, a BAC of .08 or more creates a presumption that you are under the influence of alcohol. More importantly, it is illegal to drive with a BAC of .08 or more, whether you are under the influence of alcohol or not. Even if your BAC was less than .08, you can still be prosecuted for driving a vehicle under the influence of alcohol and/or drugs.

Virginia law requires the automatic administrative suspension of your Virginia driver’s license for 7 days if your breath test result was more than .08 (or more than .02 if you are under 21 years of age) or if you refused the breath test. You can successfully challenge your suspension, and your license will be reinstated immediately. Otherwise, you cannot drive during the 7 day suspension period. Additionally, jail time, penalties, fines, fees, or costs associated with a DUI conviction may depend on the facts and circumstances of your individual case.

Know the law you are charged with violating. Know your rights under US law. And know your future is in the hands of a competent, experienced DUI criminal justice attorney in Herndon, VA.