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Common Defenses In A DUI Case

Common Defenses in a DUI Case

When you are facing charges for driving under the influence, it will be extremely important to work on a defense strategy that can allow you to beat the charges you are facing. When it comes to DUI charges, many different types of defenses can allow you to beat the charges you are facing.

However, it is important to know that you should work with a Virginia DUI defense attorney who can evaluate the particular facts of your case and help you to create a defense approach that specifically addresses the circumstances of your arrests. To be clear, while there are many common defenses in a DUI or DWI case in Virginia, not all possible defenses will be relevant to each person facing charges. The following are some of the most common defenses in a DUI case that may allow you to avoid a conviction.

You Have a Medical Condition That Led to Your Stop
Sometimes certain medical conditions, such as neurological conditions, can result in drunk driving or drugged driving charges in Virginia when your behavior was actually the result of a medical condition. While this type of defense likely is not available in situations showing a blood alcohol concentration (BAC) of 0.08 percent or higher, this may be a defense strategy in particular cases.

Improper Training on Breathalyzer Machines
Law enforcement officials need to be properly trained in using breathalyzer machines. If a law enforcement official was not properly trained or misused the breathalyzer machine, the results may be invalid. However, you should never assume that you can simply refuse a breathalyzer. Virginia has more serious penalties for a violation of its implied consent law. It is important to take the breathalyzer test and to build this defense with the help of your attorney.

Defective Breathalyzer
Sometimes breathalyzer machines are defective and provide incorrect readouts of a person’s BAC. If there is reason to suspect that the breathalyzer may have been defective, you should immediately begin working with a drunk driving defense lawyer in Manassas to see if you can have the charges against you dismissed.

Tainted Blood Test
There are various ways in which a blood test can be tainted or compromised. While you may be required to take a blood test to determine your BAC under Virginia’s implied consent law, it is important to know that the blood test must be completed in a particular manner and must be stored appropriately. For example, if the blood sample was improperly stored, you may be able to argue that any results that came from the sample are invalid and that your charges should be dismissed.

Constitutional Violation
When you are stopped, searched (i.e., have your BAC tested), and arrested for a DUI or DWI in Virginia, law enforcement officials must abide by constitutional protections under the U.S. Constitution, including Fourth and Fifth Amendment protections. One important protection is that you must be read your Miranda rights, which inform you of your right to avoid self-incrimination. If you were arrested and your Fourth or Fifth Amendment rights were violated, it may be possible to have the charges against you dismissed. You should speak with a DWI defense attorney in Manassas about Fourth Amendment rights to unreasonable searches and Fifth Amendment rights.

Contact a Fairfax DWI Defense Lawyer
If you are facing DUI or DWI charges in Virginia, one of the most important things you can do is to hire an experienced Virginia DUI defense attorney who can help you to establish a defense to the charges you are facing. The penalties for a DUI/DWI in Virginia are severe, and you could be looking at a mandatory revocation of your driver’s license even in a first-time offense. For a second offense, you could face up to one year in jail. A criminal defense lawyer at our firm can assist with your defense. Contact Dougherty Tobias Iszard, Northern Virginia Law, P.C. today.

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