What are your options when charged with a Virginia DUI?
According to the Centers for Disease Control (CDC), 2,613 people have been killed in DUI related accidents between 2013 and 2016 in Virginia. Following this, the state enacted a law making it mandatory for convicted drunk/drugged drivers to install ignition interlocks in the vehicles.
But what happens when they drive someone else’s car? Or if they buy another one and do not install the ignition interlock device in that car like they are supposed to? Human nature can be devious. This law does curb this crime though but what happens if the damage has already been done? Is one of the driving reasons autonomous vehicles are being pursued? OK, back on topic!
The Old Dominion State aligns with the majority of other states in defining driving under the influence as operating a motor vehicle on public roads while having a blood alcohol content of 0.08% BAC or higher (0.08% BAC is for adult, non-commercial drivers).
DUI lawyers in Leesburg, VA, who can be seen on the sparkling USAttorneys.com which cuts through the search engine mess by making this search very easy for you, point out that DUI arrests may occur in a number of different ways. The driver may be pulled over at a DUI checkpoint and asked to undergo sobriety tests. The suspect may be driving in a suspicious way (not able to maintain lane, reckless driving) which gives law enforcement officers reasonable suspicion to pull driver over and subject him/her to toxicology tests.
The suspect may have become involved in an auto accident which also gives law enforcement officers reasonable suspicion to subject him or her to sobriety tests.
Different types of sobriety testing
Legal experts reiterate that there are also several methods in which arresting officers determine if someone is drunk or not, and if so, to what extent.
The breathalyzer test
The breathalyzer is a machine that the suspect blows into, which then registers his BAC levels. This is a popular method since it is quick, easy, and the results are displayed almost instantaneously. However, there have been a lot of concerns over the accuracy of these machines in recent times.
For it to work properly the machine needs to be properly calibrated. Furthermore, scientific studies have revealed that the breathalyzer machine actually measures the breath alcohol content and not blood alcohol content.
Field sobriety tests
Field sobriety tests are physical tests that DUI suspects are made to perform. The idea behind this is that a sober person should have no problem in completing such fairly simple tests. These tests include but are not limited to the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand. However, field sobriety tests do not consider that a person suffering from physical hindrances (balance issues, disabilities, etc.) will not be able to complete these despite being stone cold sober.
It is important to remember that refusing a blood test is not always recommended by legal experts. Under § 18.2-268.3 of the Virginia Code, it is unlawful for a person arrested to unreasonably refuse to have samples of his/her blood and breath taken for tests.
How to beat your Virginia DUI case
As mentioned above, there are ways in which evidence against you can be effectively countered. However, to be able to make a solid argument in your defense you will require an experienced and aggressive Virginia DUI lawyer by your side.
Even in cases where the evidence against you is simply too concrete and undeniable, your legal pro will be able to at least strike a plea bargain or plea-deal following which you will be convicted of a lesser crime that entails fewer, lighter consequences.
