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Getting pulled over and charged with driving under the influence (DUI) or driving while intoxicated (DWI) in Virginia is many drivers’ worst nightmare. In addition to the criminal penalties, which could include fines, driver’s license suspension, and a potential jail sentence, there are the personal and professional ramifications to contend with as well. You could be facing the loss of a job, you could become unable to attend school, keep important appointments, or provide for family members. With so much at stake, you need a strong defense that begins (ideally) as soon as you have been arrested. Thankfully, an experienced Fairfax, Virginia DWI defense lawyer can help.
The following text highlights three ways in which Dave Albo – Attorney may be able to successfully defend clients like you, who have been charged with DUI or DWI. These strategies can also help to mitigate potential consequences in the event of a conviction.
Disputing the Reasons You Were Pulled Over
In order for a driver to be lawfully stopped/pulled over by a police officer, that officer must have probable cause. The Fourth Amendment to the U.S. Constitution protects your rights against illegal searches and seizures. The officer must have reasonable suspicion that you are engaged in illegal behavior, such as weaving in and out of lanes or traveling either over or under the speed limit. While this is a broad category and there could be countless reasons for a stop, such as having a headlight out, an experienced Fairfax, VA DWI defense lawyer will go over all of the details of your case in order to ensure your Fourth Amendment rights are being protected.
Disputing Your Breath or Blood Alcohol Content (BAC) Testing
Under Virginia’s state code, drivers automatically give implied consent to BAC testing when they accept a driver’s license. You do have the right to refuse testing, as doing so would result in a criminal violation of Virginia’s implied consent law. Even if you do submit and fail a BAC test, an experienced Fairfax, VA DWI lawyer may be able to dispute the findings on the basis that the equipment malfunctioned or that the evidence did not follow the proper chain of command.
Disputing the Procedures Followed During Your Arrest
In addition to disputing the traffic stop or the results of DUI testing, a Fairfax, VA DWI defense lawyer may also be able to dispute the procedures surrounding your arrest. Failure to read you your rights, to not allow you to make a phone call or consult a lawyer, unlawful detainment, or not properly scheduling or notifying you about hearings are all reasons your case could be dismissed. This may also be the case if officers harass you or otherwise behave in an unprofessional manner. These and other incidents should be reported to your Fairfax, VA DWI defense lawyer as soon as possible.
Contact Us Today for Help
When facing DUI charges, you need an experienced DUI defense attorney on your side, protecting you against the possible penalties you could be facing. To get the professional legal guidance you need to ensure your rights are protected, please contact our firm today in order to find out how our firm can help you defend against these charges.
