How to Fight DUI Charges in Virginia
A DUI conviction can lead to substantial fines, lengthy driver’s license revocations, and possible jail time. There’s no question that these penalties can turn your life upside down. But fortunately, it is possible to avoid the consequences of a DUI conviction.
An arrest does not always lead to a conviction—especially in DUI cases. The criminal defense attorneys at Johnson Law Firm have helped many clients fight their DUI charges using one of these defense strategies:
Improper Traffic Stop
Law enforcement officers cannot pull you over unless they have “reasonable suspicion” that a crime has been committed. This reasonable suspicion must be more than just a gut feeling. Instead, it must be based on facts and circumstances. For example, an officer might have reasonable suspicion that you are intoxicated if he sees your vehicle drifting in and out of traffic lanes. This observation establishes reasonable suspicion, which means the officer has the right to pull you over.
But sometimes, law enforcement officers fail to establish reasonable suspicion prior to making a traffic stop. If reasonable suspicion was not established in your case, the officer did not have the legal authority to pull you over, which means you should have never been arrested for DUI.
Our DUI defense attorneys will analyze the events leading up to your arrest to determine whether or not the traffic stop was improper. If the officer did not establish reasonable suspicion, we will fight to have your case dismissed.
Inaccurate Field Sobriety Test Results
Law enforcement officers can administer three types of field sobriety tests when they suspect a driver is intoxicated. The tests are designed to measure a driver’s balance, physical abilities, and attention level to determine whether or not the driver is under the influence.
There are many factors—besides intoxication—that can lead to a poor performance on these tests. Nerves, uncomfortable shoes, and back or leg injuries can all affect your performance. For example, a muscle strain in your leg could make it impossible for you to balance on one leg even if you are completely sober. But an officer could interpret this as a sign of intoxication.
If your poor performance is used as evidence in your case, we will work tirelessly to disprove these results.
Inaccurate Blood/Breath Test Results
Law enforcement officers can conduct blood or breath tests to determine whether or not you are over the legal limit. Many DUI cases hinge almost entirely on these tests, but unfortunately, the results are not always accurate.
Errors during the administration of the test, collection of the sample, and storage of the sample can lead to inaccurate results. For example, a breathalyzer device needs to be calibrated on a regular basis. If the device is not calibrated, it will not produce accurate results.
Mistakes can be made with blood tests, too. For instance, the results may not be accurate if the blood sample was not stored properly prior to testing.
Our attorneys will carefully review the details of your case to determine if authorities made any crucial mistakes. If we discover even a single mistake, we will work tirelessly to ensure this evidence is not used against you.
Schedule A Free Consultation With Our DUI Defense Law Firm
Don’t let a DUI conviction completely disrupt your life. Let the experienced DUI defense attorneys at Johnson Law Firm fight for your future. James Johnson will review the details of your case to determine the best way to beat your charges. He has helped countless DUI defendants secure their freedom, and now, he’s ready to represent you.
Take the first step towards protecting your rights by booking a free consultation with Johnson Law Firm today. To schedule your free case review, call (703) 670-0761.