Each case is unique so it is very important that you contact an experienced Virginia DWI lawyer as soon as possible. Your lawyer will be able to explain the law and its penalties to you. They’ll also tell you what your options are. They will guide you through the mazes of the legal system so that you can be sure your rights are not violated. It is a very challenging task for the Commonwealth of Virginia to prove that someone was over the legal limit while they were driving. There are several things that you and your lawyer can do to fight the charge.
One of the things you can do in your defense is to dispute the stop in the first place. When the police officer stops you, they must have a lawful reason for doing so. If they can’t prove that their reason was valid, the case against you could be dismissed.
After the police stop you, they must have enough evidence to justify their claim that you were probably drunk before they placed you under arrest. If they can’t show that they had enough evidence to prove it, then the case might very well be dismissed.
Once you’re out of your car, the police officer will normally carry out several field sobriety tests. They do this to see just how much your ability to drive has been affected by your drinking. If you have a poor outcome on these tests it may be a clue that you aren’t in any condition to continue driving. However, the tests’ results are often unclear. In addition, if the officer isn’t careful about strictly following fixed standards, the test results are even less precise.
You can also dispute the way the officer collected or tested your blood alcohol content (BAC). The BAC is used to define drunkenness. It gives the officer a rough measure of how badly a person’s ability to drive is affected. The way in which the BAC is collected is strictly laid out and well-regulated. If the police do not follow the rules for collection precisely, the case could very well be dismissed or reduced.
There are many other options open to you. Contact the law office of Faraji Rosenthall at faraji@fairfaxcriminallawyer.com if you are in need of an excellent lawyer.
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