Common DUI/DWI Defenses

DUI or DWI convictions can have long-term consequences. In addition to being traumatic for first-time offenders, these consequences can affect the rest of your life. Your driver’s license may be restricted or revoked, and you may face a jail term, fines, and probation. You may also experience a negative effect on your job prospects or immigration status. 

These harsh penalties all arise from the alarming reality that DUI and DWI kill people across Virginia every year. The high injury and fatality rates resulting from DUI and DWI mean that law enforcement will be zealous in their attempts to keep roads safe. That zealousness may, at times, lead to individuals being improperly charged or overcharged.

We have identified and employed some of the most common and effective DUI defenses at Select Law Partners. Below is an overview of legal and scientific means for challenging your arrest and avoiding a damaging criminal record.

Stopping A Person Or Vehicle Illegally

A law enforcement officer cannot stop a driver unless they have reasonable grounds to believe that a vehicle or its occupants are involved in, or have recently been involved in, some form of criminal activity. He or she cannot act on hunches or guesses. This requirement is a called “reasonable, articulable suspicion,” or “RAS.” The Commonwealth must later prove that all evidence obtained in a criminal case was lawfully obtained in compliance with the Fourth Amendment, which protects all individuals from unreasonable searches and seizures. In cases where a traffic stop had no legal justification, a defense attorney can determine whether a motion to suppress evidence is required.

Inaccurate Breath Alcohol Testing 

The breathalyzer measures the particles of breath alcohol in your lungs, and that measurement is then used to estimate the amount of alcohol in your blood. Indirect measurements of your blood alcohol level (BAC) can result in inaccurate results since a single test alone cannot determine the actual level.

Other factors may contribute to a high breath test reading, namely variations in the body. The breathalyzer itself has an inherent margin of error which can cause incorrectly high readings. A skilled DUI defense attorney can help identify breath test issues that may lead to a valid defense.

Inaccurate Or Invalid Field Sobriety Test

A standardized field sobriety test is just as its name implies: standardized. A test must be instructed, given, and performed the same way every time to be considered an accurate predictor of impairment. According to some studies, these tests are not always entirely accurate and may be invalid for people with disabilities, who are overweight, or elderly.

Arrested? Talk to a DUI/DWI Defense Attorney Today

The list of defenses presented here is not exhaustive. Legal and scientific defenses to DUI cases can be complex and challenging, so you should seek legal advice if you have been charged with DUI or DWI. At Select Law Partners, PLLC, we stand ready to protect your rights, so when you need experienced defense counsel, call 855-541-4867.

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Bennett Brasfield

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