Driving under the influence in Virginia and reckless driving are criminal offenses that can result in serious consequences. A DUI conviction may result in suspension of the offender’s driving license, fines and penalties, and a possible jail sentence.
DUI convictions can rarely be expunged, which is why it is important to have the assistance of a Virginia DUI defense attorney. This could spell the difference between a conviction and dismissal. A DUI may be easy to earn but navigating through the legal proceedings can be daunting and confusing without professional legal help. You can receive some of the best legal help in the entire area via Matthew S. Throop. You do not have to pay anything until you are paid. The first consultation is free and Throop Law, P.C. knows how to win cases.
According to Richmond, Virginia DUI lawyers, the state’s courts system and DUI laws are complex, covering over 24 sections of the Virginia Code. The penalties for such an offense have increased over the past few years to include mandatory jail time in specific types of offenses. It is unlawful for anyone with a blood alcohol concentration of 0.08% or more to drive or operate any motor vehicle.
Anyone said to have a blood concentration of 0.02 milligrams of cocaine per liter of blood or 0.1 milligrams of methamphetamine per liter of blood are also liable to be charged with DUI.
Handling a traffic stop
A DUI case usually begins at a traffic stop initiated by a police officer, according to Richmond VA DUI defense attorneys. The officer will ask a few questions and look for any signs of intoxication. It may be prudent to avoid that you have consumed an alcohol since any statement made by you could be deemed as a confession by the prosecution.
You could be at the wrong end of the stick even if you admit to drinking a couple of beers. However, it is important to cooperate and remain polite with the police officers since any aggressive behavior could only lead to further complications. If the officer suspects you are intoxicated they will order you to perform field sobriety tests to test your focus and coordination. The officer may order you to undergo a breath test to measure your BAC or blood alcohol content and arrest you if it is beyond the legal limit.
Protection under the Fourth Amendment
According to Richmond, VA DUI lawyers, the Fourth Amendment provides protection against unreasonable searches by law enforcement unless they have reasonable suspicion that you have committed a crime such as a traffic violation. They also have to have probable cause to search and arrest you. The exclusionary rule that limits police activity states that any evidence gathered in violation of your constitutional rights may not be considered in court.
Many experienced VA DUI lawyers challenge the constitutionality of the stop in defense of their clients, thereby putting the onus on the state to prove that the evidence was gathered under the ambit of the law. Many cases have been thrown out of court due to lack of evidence, which could be so if your traffic stop was deemed unconstitutional.
Implied consent and breath test refusal
Unlike some other states, Virginia’s implied consent law does not offer motorists the choice to request a blood test instead of a breath test. Refusal to comply with an officer’s request for a breath test or blood test will lead to an automatic suspension of your driver’s license for one year.
In addition, you could also face DUI conviction after refusing a test and have your license suspended for two consecutive periods. To learn more about the consequences of DUI and how to put up a solid defense, get in touch with an experienced and aggressive Virginia DUI lawyer today. One of the best in the entire region is http://www.throoplaw.com/ and Throop Law, P.C. knows how to come out on top.