What are the possible defenses in Virginia against allegations of DUI and DWI?
Overview
In order to effectively defend against dwi vs dui virginia charges in Virginia, one must have a solid grasp of both the local and federal laws governing these offenses as well as the specifics of the arrest. The following are some possible countermeasures that could be used:
1. Dispute the Traffic Stop
Contesting the legitimacy of the traffic stop is a frequently used defense in DWI and DUI trials. To stop a car in Virginia, law enforcement must have a good basis to suspect something. This implies that they have to witness a traffic infraction or have a good basis to think the driver is involved in illegal behavior. Any evidence gathered later, including findings from breathalyzer testing and field sobriety assessments, might not be admissible in court if the stop was not justified.
2. Casting Doubt on Field Sobriety Exams
Officers frequently utilize field sobriety tests (FSTs) to establish probable cause for a DWI or DUI arrest. These exams, meanwhile, have the potential to be erroneous and subjective. Performance can be impacted by variables including bad weather, uneven roads, or the physical state of the driver. A competent defense lawyer could contend that these tests' results are inaccurate and shouldn't be admitted into evidence.
3. Contesting the Results of the Blood Test or Breathalyzer
In DWI and DUI trials, breathalyzer testing and blood tests are essential pieces of evidence. These tests are not perfect, though. The officer conducting the test needs to be adequately trained, and breathalyzers need to be calibrated and maintained. The results could be contested if there is any proof that the breathalyzer was not operating properly or that the procedure was not followed. In a similar vein, blood tests need to be handled carefully to prevent contamination or incorrect storage, which could produce unreliable findings.
4. Presenting a Defense of Increasing Blood Alcohol Concentration (BAC)
It happens occasionally that a driver's blood alcohol content (BAC) was below the permissible limit while they were operating a vehicle, dwi vs dui virginia but had risen above it when the test was given. The "rising BAC" defense is what it's called. It's possible that the driver's blood alcohol content (BAC) was within permissible bounds when they were operating a vehicle because alcohol takes time to enter the bloodstream. The BAC result, according to an attorney, does not fairly represent the driver's state of mind when they were operating a vehicle.
5. Medical Disorders and Drugs
Certain medical disorders might cause false positives on breathalyzer tests, such as acid reflux, diabetes, or following a strict ketogenic diet. Furthermore, several drugs may resemble drunkenness symptoms or tamper with the accuracy of a breathalyzer. A defense lawyer may contend that a medical condition or medicine caused the BAC reading to be erroneous by presenting medical records or expert testimony.
6. Inappropriate Police Behavior
A defense may be available if the driver's rights were infringed upon or if the arresting authorities did not follow the correct protocols. Examples include coercion, failing to read the Miranda warnings, and handling evidence improperly. Any misbehavior may result in the charges being dropped or evidence being suppressed.
In summary
In Virginia, defending against dwi vs dui virginia accusations necessitates a thorough comprehension of the court system as well as the particulars of the case. A defense lawyer may be able to lower the charges or perhaps win an acquittal by contesting the evidence and the methods used by the police. But since every case is different, the effectiveness of these defenses will rely on the particulars and the caliber of the participating counsel.