DUI Lawyer Virginia

Penalties for DUI and DWI

• Jail time of up to 12 months
• Fine of up to $2,500
• Loss of your driver’s license for up to 1 year
• 6 demerit points on your license
• Increased insurance rates
• Mandatory drug testing and drug education classes
• Ignition interlock on your vehicle
• Criminal record which will show up on background checks

How to Fight a DUI or DWI Charge

• Your driving was not impaired
  • Most drivers aren’t stopped for bad driving, but normal traffic issues like speeding. Other times, even when there was an accident, the arresting officer rarely witnessed it himself.
• The officer did not have reasonable suspicion to stop you
  • What was the basis of the stop in the first place? Officers need a legal basis to stop a person. Many times, officers claim driving was “erratic” or use vague and ambiguous language to justify a stop. If the stop itself was not legal, the entire case can often be dismissed.

• The officer did not have probable cause to arrest you
  • After being stopped, the officer will need to develop “probable cause” to arrest, otherwise the case can be dismissed. Arguments that the arrest lacked probable cause can include:
    • You did better on the Field Sobriety Tests than the officer claimed. Thanks to body-worn camera, we can now see discrepancies between what officers write in their reports and what is shown on video
    • The officer did not properly administer the Field Sobriety Tests
      • These tests only matter if they are properly administered. Matt C. Pinsker regularly calls out officers for their mistakes
    • You weren’t showing signs in general of impairment
      • Officers often claim speech was slurred, eyes were glassy and bloodshot, and other conditions. However, skilled cross-examination can often reveal the officers are in error
• Challenging the breathalyzer 
  • Despite the importance of the breathalyzer, it is not perfect. Many persons have medical issues which impact the accuracy of the results. Sometimes officers forget proper procedures (such as checking the inside of the accused’s mouth) prior to administering it. These issues can raise reasonable doubt, leading to a dismissal.

DUI Defense Attorney versus regular criminal defense attorney

Finding a criminal defense attorney is easy, and most criminal defense attorneys will take DUI cases. However, less than 5% of criminal defense attorneys have specialized for DUI cases. A lawyer may be brilliant at handling murders and white-collar crime, but DUI defense is its own field requiring specialized training and expertise.

If you have been charged with a DUI or DWI in Virginia, you need to speak with an experienced lawyer as soon as possible.