Facing a DUI/DWI charge can be an overwhelming experience, but an arrest is not a conviction. At the Law Offices of Nader Hasan, P.C., we believe in scrutinizing every detail of your case. Understanding potential defense strategies is the first step toward protecting your rights, your license, and your future.
4 Common Defenses Against a DUI/DWI Charge in Virginia
Challenging the Legality of the Traffic Stop
An officer must have a reasonable, articulable suspicion that you have violated the law to pull you over. Without this probable cause, the entire traffic stop could be deemed illegal. If the initial stop was unlawful, any evidence gathered afterward, including breathalyzer results and statements, may be suppressed by the court.
Questioning the Accuracy of Sobriety Tests
Field sobriety tests and breathalyzers are not infallible. The results can be skewed by medical conditions, improper administration by the officer, or poor calibration of the equipment. We meticulously examine the procedures and maintenance records to uncover flaws that could invalidate the prosecution’s primary evidence and strengthen your DUI defense in Virginia.
Arguing a Rising Blood Alcohol Content (BAC)
The timing of a chemical test is critical. Your BAC can continue to rise after you’ve stopped drinking, meaning you could have been under the legal limit while driving but over it by the time you were tested at the station. This defense demonstrates that the test result doesn’t accurately reflect your BAC while operating the vehicle.
Identifying Violations of Your Constitutional Rights
From the moment of the stop to your arrest, your constitutional rights must be protected. This includes the right to remain silent and the right to an attorney. If you were improperly questioned after invoking these rights or were not read your Miranda rights at the appropriate time, crucial evidence against you might be inadmissible.
A DUI/DWI charge in Virginia carries serious consequences. These are just a few of the complex defenses available, and the right strategy depends on the unique facts of your case. Don’t navigate this alone. As an experienced Virginia criminal defense lawyer, Nader Hasan is here to fight for you.