Sterling DUI Defense Lawyers
Experienced Attorneys for Drunk Driving Cases in Sterling, Virginia
Most people know that there is a legal limit for drinking and driving. In the state of Virginia, drivers cannot legally operate a vehicle if they have a blood alcohol concentration (BAC) of at least 0.08 percent. Exceeding this limit could result in an arrest for drunk driving. However, there are some situations where people could still be charged with driving under the influence (DUI) even if their BAC is below 0.08.
Being charged with DUI can be shocking, confusing, and frightening. If you face DUI allegations in Sterling, you do not have to defend yourself alone. At Arrested for a DUI, LLC, our Virginia DUI defense attorneys are committed to helping you understand the charges being brought against you and ensuring that you can effectively navigate the criminal justice system.
What Qualifies as DUI in Virginia?
Generally, the state of Virginia may charge you with DUI if a police officer believed that your ability to safely operate a vehicle was affected by drugs, alcohol, or a combination of both. As mentioned above, not every case is built around a blood or breathalyzer test. You could be charged with driving while impaired based on the arresting officer's observations during a traffic stop. Slurred speech, the smell of alcohol, erratic driving, or poor performance on field sobriety tests can be grounds for a DUI charge.
However, most drunk driving cases involve "per se" DUI charges based on tests showing that a driver had a BAC of 0.08 percent or higher. DUI charges may also be based on allegations of drug-related impairment involving the use of controlled substances, prescription medications, or marijuana.
Different BAC standards and different types of DUI charges may apply in certain situations. Drivers who are below the legal drinking age, for example, are not permitted to operate a vehicle with any concentration of alcohol in their system. Commercial drivers are also held to a BAC limit of 0.04 percent when operating vehicles such as buses or semi-trucks.
Building a Strong Defense Strategy in Your DUI Case
Being convicted of DUI can have devastating consequences in and out of the courtroom. You could face years in prison, thousands of dollars in fines, license suspension, and lost employment opportunities. Building a strong defense will involve close attention to the details of your case, challenging evidence or statements by police officers when necessary, and knowing your legal rights.
While there are several arguments that can be used to fight a DUI charge, our firm will thoroughly examine your case and develop a strategy that is uniquely tailored to your case. Common defenses that may be used include:
- Challenging the Traffic Stop: If the arresting officer did not have reasonable suspicion or did not observe a traffic violation, evidence of driving under the influence gathered during or after the traffic stop may be suppressed or excluded entirely.
- Disputing Field Sobriety Tests (FSTs): Roadside assessments performed by police officers are designed to evaluate a driver's level of impairment. Common field sobriety tests, such as the one-leg stand or walk-and-turn, will allow a police officer to examine a driver's eye movements, balance, and coordination, looking for indications of intoxication. However, extenuating factors, such as nervousness, medical conditions, uneven pavement, and weather, may have affected your performance.
- Questioning Chemical Test Results: Chains of custody of blood samples, calibration procedures for breathalyzers, and testing protocols could affect the validity of blood or breath tests. If the proper steps were not followed, our defense lawyers may dispute the test results. Medical conditions and delays in testing can also affect the accuracy of readings.
- Exploring Alternative Explanations: Signs of intoxication or impairment may have innocent explanations. Speech patterns, coordination, or other issues that an officer believed were related to alcohol or drug use may have actually been related to environmental factors, fatigue, or medical issues. Our DUI defense lawyers can create reasonable doubt that you were intoxicated by providing explanations for your behavior.
- Negotiating Pleas: Though it may not be your first choice, seeking alternative sentencing options or negotiating for reduced charges may be in your best interest. Our skilled lawyers may be able to leverage weaknesses in the prosecution's argument to reach agreements with the prosecutor that will help you preserve your driving privileges, minimize jail time, or reduce fines.
Reach Out to a Sterling, VA DUI Defense Attorney
If you have been arrested for a DUI offense, do not panic. At Arrested for a DUI, LLC, our lawyers are available 24/7 to help you determine the best path forward. To set up a free consultation, call 301-479-5466 or contact our Sterling DUI defense attorneys.
