When Virginia DUI Happens to You, Choose a Strong Defense
Nobody plans to be arrested for driving under the influence (DUI) in Virginia, but it does happen. And when it happens to you or someone you love, the reality of the state’s tough laws begins to kick in.
You may be upset, angry, afraid and confused. All of these emotions and more are perfectly understandable. The last thing you want to do is disrupt your family, your job or your legal record. And doing time in jail is not a happy thought. But, what’s done is done and now you have to deal with the situation in the best way possible.
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Beating Virginia DUI Charges Starts with a Great Defense
Of course you want to fight the arrest and avoid a conviction. To do this, you must know what you are up against. A DUI can be one of the most difficult arrests to defend. This is because most people, including the courts, see a DUI as an avoidable situation. Also, the technology and methods used to arrest drunk drivers are sometimes difficult to disprove.
This is why you need a great Virginia DUI lawyer to put a strong defense plan into action. These are just a few of the many legal options your lawyer may consider for your defense:
- Argue Against the Initial Arrest. Most DUI arrests happen because a police officer or other witness sees erratic driving behavior. But, of course, not all traffic violations are caused by intoxication. This strategy attempts to prove that your driving mistakes were due to something else, like lack of sleep or an emergency.
- Claim Unlawful Search and Seizure. The police must have probable cause to stop you and search you and your car. If it can be proven that you were stopped or searched without a reasonable belief that a crime was committed, your lawyer could be successful in getting your case dropped.
- Argue Against the Field Sobriety Tests. Tests like the “heel to toe” test and the horizontal gaze nystagmus eye test can be disproven if, for example, the ground was uneven or the lights of passing traffic were in your eyes. You can even argue that the police intimidated you.
- Claim a Breach in Your Miranda Warning Rights. If you were not informed of your rights when arrested, or if you were questioned after you asked for an attorney, your case will be stronger.
- Argue the Breath Alcohol Content (BAC) Results. This is hard, but not impossible to do. The results must be shown to be inaccurate for some reason. Or, if you tested over 0.08%, it still must be proven that you were impaired. In addition, if the test was given very long after the stop, you could argue that the blood alcohol rose during the ensuing time.
Don’t Go It Alone. Hire an Experienced Virginia DUI Attorney to Defend Your Rights
Whatever your defense in a Virginia DUI case, you should never try to defend yourself in court. Only an experienced, reputable Virginia DUI attorney can give you the best shot at staying out of jail and continuing to work.
Even though you were arrested, you still have rights. And if any of your rights were violated in the process, a good attorney will find them and fight for you. The worst thing you can do is go it alone. A lawyer can:
- Provide the most up to date legal advice
- Help you collect evidence and statements
- Educate you on your best defense strategies
- Take care of all paperwork and filings
- Represent you in court
- Get you the most positive result
The legal team at Jarrell, Hicks & Waldman, PC has helped many people just like you. Joseph “Jeh” Hicks will work tirelessly to represent you with the caring, experienced, personal attention and toughness you need right now. Whether you live here in Virginia or reside out of the state, we will offer you a voice in court.
Call today toll free at 888-783-9701 to schedule a free consultation with our Virginia traffic law specialist, Joseph “Jeh” Hicks. We are located right across from the courthouse in Spotsylvania, Virginia and proudly serve the entire surrounding area.
Jarrell, Hicks and Waldman, PC serves Virginia clients in Spotsylvania County, Caroline County, Stafford County, the city of Fredericksburg, Louisa County, Culpeper County, Hanover County, Essex County, King George County, and Madison County.