In any criminal case, the prosecution needs to prove guilt beyond a reasonable doubt. If they lack valid evidence, it stands to reason that charges will be dropped.
Having a proper defense strategy in place with a DUI attorney will give you a better chance of dismissal of your charges. With a defense lawyer, they may be able to suppress key evidence from being presented in court. Without that evidence, going to trial likely won’t be possible, leaving the judge no other option but to drop your charges.
Virginia is tough on DUI crimes, however, an experienced defense attorney may be able to use one of these strategies to get your charges dropped.
Illegal Search and Seizure
Thanks to the Fourth Amendment, you are protected from unreasonable searches and seizures. The police have very specific procedures and protocols they must follow for conducting searches. If you are pulled over, the officer is permitted to look around in the immediate area for evidence that a crime has been committed. They can’t conduct a thorough search without first securing a valid warrant. That means that your attorney may be able to have this evidence suppressed.
Unlawful Traffic Stop
If law enforcement officers have a reasonable suspicion of a crime, they can conduct a traffic stop. Simply arresting someone for DUI doesn’t exactly mean that the officer had reasonable suspicion of your intoxication. Most of the time, they pull drivers over for things like expired vehicle registrations, broken tail lights, or failure to use a turn signal. You may be able to get your case dropped if you can show that the officer didn’t have reasonable suspicion for pulling you over.
Inaccurate Blood or Breath Test Results
The testing devices used to check whether a driver is intoxicated must be used and maintained properly to get accurate readings. These results may be inaccurate if the officer who administers them does so incorrectly.
It is required for them to collect, analyze, and store all samples according to proper protocol. Samples for blood tests can be contaminated or mislabeled. As for breath tests, device malfunctions can result in an increased blood alcohol content (BAC) reading. Even the smallest fluctuation can cause you to fail the test. Therefore, having an experienced attorney can help challenge the validity of these results.
Invalid Field Sobriety Test
Another common test that officers conduct when they pull drivers over is the field sobriety test. This requires an officer to use their own judgment to determine if someone has consumed alcohol. It’s an opinion, more or less, and may lead to you being unfairly arrested.
There are many other reasons why the officer may believe you’re intoxicated even when you haven’t had a drop to drink. Certain medical conditions can mimic intoxication such as having red, bloodshot eyes or slurring your speech. A lack of balance and difficulty concentrating can also indicate someone is tired. Field sobriety tests can be challenged in court, and with the right attorney, may get thrown out as evidence, thereby dismissing your charges.
In short, your DUI charges may be dropped if you’ve got the right defense attorney fighting for your freedom.
