Getting charged with driving under the influence can be a daunting experience, with significant legal consequences. You have the right to defend yourself against these charges in court.
Reviewing available DUI defense strategies can inform your next steps in this challenging, complex situation.
Questioning traffic stop legality
Law enforcement officers must have a valid reason, known as reasonable suspicion, to stop your vehicle. If you can prove the officer did not have a legitimate reason to make the traffic stop, the court may not admit the resulting evidence.
Challenging sobriety test accuracy
Officers commonly use field sobriety tests to assess impairment. However, many factors call the accuracy of these tests into question. Examples include improper instructions, poor weather or a medical condition that affected resuts. You can try to show the court these flaws in the test.
Disputing breath test results
Breath tests measure the alcohol concentration in a person’s breath, but errors do occur. Defense may challenge device calibration and maintenance or test administration.
Highlighting procedural mistakes
Law enforcement must follow a standard process to arrest and charge someone with a DUI. You can point out any procedural mistakes, such as failing to read Miranda rights or mishandling evidence
Arguing no impairment
In some cases, you may argue a lack of impairment despite the presence of alcohol. For example, you could present evidence that you had the ability to operate a vehicle safely.
Virginia had almost 16,000 DUI convictions in 2021 alone. Effectively challenging a DUI charge requires careful documentation and preparation.
