DRUNKEN DRIVING AND DUI CHECKPOINTS - EXPLAINED BY ALEXANDRIA LAWYERS
You must be aware that DUI offenses invariably attract social stigma. A DUI arrest in Alexandria, VA can cause one to feel lost, devastated, and frustrated all at the same time. During such hopeless times, it is important to maintain your composure and to immediately take professional guidance from a DUI lawyer in Alexandria, VA. Bear in mind that you require a lawyer who clarifies all your doubts about the DUI charge in Alexandria, VA.
WHAT ARE THE DUI CHECKPOINTS IN ALEXANDRIA, VA
Experienced drivers in Alexandria, VA are aware that if there is slow-moving traffic, there is every reason to suspect that one is nearing a DUI checkpoint. Someone new to the Alexandria roads may assume that it is an accident. Whatever may be the assumption, be informed by the Alexandria lawyer, that at such DUI checkpoints in VA, the driver is checked for any signs of intoxication. In such a situation, most often, drivers are seen visibly nervous, thus providing a reason for the officers to suspect intoxication. Even sober drivers behave in a tense manner. The experienced lawyer in Alexandria, VA will advise you to remember to keep your calm in such checkpoints.
The officers in Alexandria, VA are careful in setting up checkpoints at random places. At these checkpoints, the officers demand the production of your documents such as license and registration papers. The lawyer in Alexandria, VA will apprise you that when the driver is busy producing the requested documents, the officers are keenly watching the driver for signs of intoxication. Innocent drivers, who are not shrewd enough to understand the procedure, tend to incriminate themselves by disclosing information about their intoxicated status, giving a reason for arrest and investigation.
If you are ever arrested for DUI at such checkpoints in Alexandria, VA, do not hesitate to contact a DUI lawyer at The Law Offices of SRIS, P.C. You will be surprised to know that the officers are required to abide by certain rules and regulations when setting up DUI checkpoints. The failure of the officers to follow such norms provides an opportunity to establish a strong defense in your DUI case in Alexandria, VA.
IS IT ADVISABLE TO EVADE A DUI CHECKPOINT – KNOW FROM A DUI LAWYER
A proficient lawyer in Alexandria, VA will strongly advise you against illegally evading a DUI checkpoint. Be informed by a knowledgeable lawyer in Alexandria, VA that evading a DUI checkpoint is not unlawful. There is no specific law, rule, or regulation which requires a driver to stop at a DUI checkpoint. The Lawyer in Alexandria, VA you consult will inform that the checkpoint and the officers ready to question, make the Alexandria drivers apprehensive, thus provoking them into evading the checkpoint. The skilled DUI Lawyer in Alexandria VA will caution you that eluding the checkpoint is advisable as long as you legally evade it. This means, if there is an authorized right turn, left turn, or “U” turn before the checkpoint, you can casually take the turn cautiously without committing any other violation.
Be warned by a professional DUI lawyer in Alexandria, VA that if the driver opts to drive hastily to escape the checkpoint, he is prone to commit traffic violations resulting in serious violations. Have you been caught in attempting to elude a DUI checkpoint in Alexandria, VA? Call The Law Offices of SRIS, P.C. for appropriate defense strategies for your case.
WHAT HAPPENS AT DUI CHECKPOINTS IN ALEXANDRIA, VA – EXPLAINED BY LAWYERS
The DUI Lawyer in Alexandria, VA will inform you that at the checkpoint after being stopped, the drivers produce the license, registration documents, etc. During such conversations, if the officer has reason to suspect that the driver is intoxicated, he is likely to be asked to pull over. After this request of pull over, the DUI checkpoint converts into a roadside investigation. Be informed by your Alexandria Lawyer about the implication of the conversion of the DUI checkpoint into a roadside investigation in VA. At this point, the officers by their keen observation skills want to conclude whether the accused is intoxicated. The officers also look for clues for other offenses like drug or weapon possession. The officers then ask the accused to perform several field sobriety tests to judge the alcohol impairment of the driver.
FIELD SOBRIETY TESTS DURING ROADSIDE INVESTIGATIONS IN ALEXANDRIA, VA – EXPLAINED BY LAWYERS
- If the DUI driver in Alexandria, VA is asked to take the One-Leg Stand Test, the officer will ask him to stand with one foot six inches above the ground. Your Alexandria lawyer will apprise you that the DUI driver is asked to remain in the said posture as the VA officer counts. The officer is checking the suspect’s body conditions and analyzing its stableness as he counts.
- If the officer decides to analyze the intoxication levels by The Walk and Turn Test, the defendant will be asked to count as they walk for nine steps and then turn on one foot back to where they started. The Alexandria Lawyer will relate that by this test, the VA officer analyzes the alleged offender’s ability to listen to commands, the ability to memorize the commands, and the ability to follow them.
- Be informed by your Alexandria Lawyer that if the VA officer intends to check your intoxication levels with the finger touch test, you may be asked to touch your fingertips as instructed by the officer investigating your intoxication levels.
- When the Horizontal Gaze Nystagmus Test is used to measure your intoxication level, you will be provided an object like a pen and will be asked to follow the movement of the object. The Alexandria Lawyer will update you that by this test, the VA officer judges whether you are steady based on any uncontrolled movement of your eyes as they move from side to side. Your officers will most likely check for any strain or deviation in your eyes as you complete the test.
The Lawyer in Alexandria, VA will emphasize that another important test the officers rely on is the preliminary breath test. This test is significant and plays a vital role in deciding your acquittal or conviction.
PRELIMINARY BREATH TESTS – DUI CONVICTIONS IN ALEXANDRIA, VA
Your DUI lawyer in Alexandria, VA will inform you that Virginia Code Section 18.2-267 deals with preliminary breath test and states as follows:
- A DUI lawyer in Alexandria, VA will apprise you that if an officer suspects that a driver is intoxicated, then the breath sample of the driver may be analyzed by the officer.
- If the required equipment is available, the driver’s breath sample will be analyzed for alcohol content in the blood.
- The DUI lawyer in Alexandria, VA will notify about your right to observe the analysis and to see the blood alcohol reading indicated in the equipment.
- Be updated by your DUI lawyer in Alexandria, VA that the correct method is to be followed.
- The Department of Forensic Science shall determine the proper method and equipment to be used in analyzing breath samples
PRELIMINARY BREATH TESTS – IS IT MANDATORY IN ALEXANDRIA, VA?
The VA Lawyer practicing in Alexandria often asserts that DUI drivers are unaware that they have the right to refuse the preliminary breath test offered at the traffic stop. More often, DUI lawyers in Alexandria, VA encounter clients who narrate stories of taking the preliminary breath test out of fear. The proficient lawyer consulted for drunken driving charges affirm that traffic stops, in general, are scary and nervous drivers become anxious when questioned by uniformed officers.
Such anxious drivers tend to subject themselves to the implied authority of the officers. Your lawyer will inform you that if a preliminary breath test is provided, drivers provide their breath samples unwittingly though unwillingly. Know from your DUI lawyer in Alexandria, VA that you don’t need to provide your breath sample. You will be surprised to know that the officer cannot charge you for refusing the breath test.
Be apprised from DUI Lawyers in Alexandria, VA that the results of the preliminary breath test cannot be used against you to establish your guilt for the DUI offense in Alexandria, VA.
WHY DUI SUSPECTS ARE NOT INFORMED OF THEIR RIGHT TO REFUSE THE PRELIMINARY BREATH TEST
A DUI Lawyer in Alexandria, VA will update that in most cases, the suspect who is stopped on suspicion of intoxication is not aware that he may refuse the preliminary breath test offered to him on the roadside. Drivers who are suspected to be intoxicated are often threatened with statements like, “If you are sober, why are you refusing to take the test”. Be informed by the DUI lawyer in Alexandria, VA that such statements are tactics by the officers to provoke you into taking the test. The lawyer in Alexandria, VA will caution you against being threatened by such statements. You will be apprised by your Alexandria Lawyer to not let your fears take control over the situation.
If you have been compelled to take the PBT and the results are against you, do not hesitate to immediately contact the experienced lawyer at The Law Offices of SRIS, P.C. for perfect defenses to fight your drunken driving charge.
ACCURACY ISSUES IN THE RESULTS OF THE PRELIMINARY BREATH TEST
A truly efficient DUI Lawyer in Alexandria, VA will apprise you that in most of the DUI cases, the accuracy of the test results of the preliminary breath tests is questionable. Often sober drivers agree to take the tests as they are confident of negative test results. However, these drivers are taken aback when the results of blood alcohol level indicate more than 0.08 percent which is above the permissible alcohol level. This is how reliable the results of a preliminary breath test can be. Imagine being charged for DUI when you are sober. It can be extremely humiliating. Your lawyer will relate to you that such faulty results appear because the equipment has been improperly maintained and the proper procedures as established by the Department of Forensic Science have not been accurately followed.
Based on such incorrect results, the innocent driver is compelled to suffer the humiliation of an arrest and a DUI charge in Alexandria, VA. Your DUI lawyer in Alexandria will strongly caution against taking the preliminary breath test on the roads. Though the commanding tone of the officers may frighten you into submission, you need to remain stubborn and refuse the test. Know from the accomplished lawyer you retain that you have the right to refuse the test. Also, be informed by your skilled lawyer that the question of whether you are sober or intoxicated does not affect your right of refusal.
HOW THE TEST WORKS?
Most of the DUI suspects wonder how the test detects the intoxication levels. Be informed by a DUI lawyer in Alexandria, VA about how it works. If one is intoxicated, the lungs would have absorbed the alcohol. The breath sample provided by the accused is analyzed to evaluate the alcohol content in the accused’s body.
ISSUES THAT RESULT IN IMPROPER RESULTS IN THE PRELIMINARY BREATH TEST
Improper results due to faults in the instruments:
Your DUI Lawyer in Alexandria will emphasize that the preliminary breath test equipment may indicate the wrong results due to improper maintenance of the instrument, calibration issues, any damage to the instrument, or failure to clean the device. The drunken driving expert lawyer will inform you that due to any of the above-mentioned reasons, the device would have indicated an incorrect result resulting in improperly charging the driver.
Improper results due to defects in the driver’s health condition:
The DUI Lawyer in Alexandria, VA will apprise you that incorrect results are indicated in the preliminary breath test due to the driver’s medical condition. Most of us are not aware that the food we consume affects the results of the test. Your DUI Lawyer in Alexandria, VA will surprisingly inform you that even your medical condition can affect the results.
Your Lawyer will advise you that given the possibility of improper results due to the defects in the device or defects in the driver’s health condition, it would be unfair to base a DUI conviction in Alexandria, VA solely on the results of the preliminary test.
CAN THESE UNRELIABLE RESULTS BE USED AGAINST THE ACCUSED IN PROSECUTION OF THE DUI OFFENSE?
Know from the DUI lawyer in Alexandria, VA that the results of this preliminary test cannot be used against the accused in court. However, be warned by your DUI Lawyer in Alexandria, VA that these results play a vital role in a probable cause hearing or suppression hearing.
You are probably wondering what a probable cause hearing means. The DUI Lawyer in Alexandria, VA will inform you that a probable cause hearing is conducted to determine whether there is probable cause for the defendant to have committed the offenses. Your lawyer will inform you that in such a hearing, after an accurate analysis of the facts and circumstances of the case, the court decides whether a trial should be conducted. Similarly, a motion to suppress is filed by a DUI Lawyer in VA in cases where evidence should be suppressed.
A discussion with your lawyer about the admissibility of the test results of a preliminary breath test will lead you to conclude that these results do not serve any specific purpose and are only used for preliminary motions.
WHY ONE SHOULD NEVER REFUSE THE BREATH TEST OFFERED AFTER ARREST
Your DUI Lawyer in Alexandria, VA will forewarn that one should never make the mistake of refusing the breath test offered by the officers after the arrest. The DUI Lawyer in Alexandria VA will remind you about the implied consent law. Under this law, every VA driver has consented to have his breath or blood sample tested for alcohol content.
The DUI lawyer in Alexandria, VA will also warn you that refusing this official test provided to you after the arrest will lead to an additional charge being imposed on you. Such a refusal will also lead to the suspension of one’s driving license for one year. If the driver commits the offense of refusing the official DUI test offered at the station, he will be charged with a misdemeanor and the license will be suspended for three years.
WHAT IS AN IGNITION INTERLOCK DEVICE?
The DUI Lawyer in VA is often presented with the question of what is an ignition interlock device and why it is installed in some vehicles. Know from your DUI Lawyer in Alexandria, VA that the Ignition interlock system is an instrument that is fitted in your vehicle to ensure you are sober when operating the vehicle. This device connects a motor vehicle ignition system to an analyzer that measures a driver’s blood alcohol content. If the alcohol content is beyond the permissible limits, the driver cannot drive.
For more information about drunken driving defenses, contact the skilled, client-friendly lawyers of The Law Offices of SRIS, P.C.
Our VA lawyers will examine every facet of your DWI to help you prepare the best defense possible. Our VA attorneys will do their best to help you.